JA Redacted.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Marine Corps University (MCU) operates and maintains a standalone .edu network/domain which requires a direct connection/ circuit to the internet. For the past several years MCU has been receiving its connectivity/internet connection through an arrangement with Naval Info1mation Warfare Center (NIWC).

NIWC is currently using Accelera to provide this connectivity for themselves and MCU. The Accelera provided connectivity is provided in two (2) parts (1) the internet service/ISP via Cox, and (2) the infrastructure/cross connects/physical cage/power etc via Equinix.

Last year NIWC informed MCU that they would no longer be willing to provide the connectivity past Sept 12, 2020. MCU has been working a project to transition off the NIWC provided connectivity to a new circuit ordered through the USMC MCCMO office. Unfo1iunately, there was an error in the order for the new circuit and MCU was unable to have the new circuit installed by the Sept 12, 2020 NIWC deadline/cutoff date.

MCU was able to get NIWC to agree to a 90 day extension making the new cut-off date Dec 1, 2020. The order for the new circuit MCU is ordering via the USMC MCCMO has been corrected and resubmitted. Unfortunately the new circuit will not be delivered before the new extended NIWC deadline/cutoff date of Dec 1, 2020. NIWC has repeatedly stated they will not agree to any additional extensions. Even if the new circuit was installed before the Dec 1, 2020 deadline/cutoff date, MCU would still need several months to plan and execute the transition to the new circuit.

Therefore, MCU is seeking to procure the same services it is receiving from NIWC directly from Accelera to ensure the .edu network/domain does not lose its internet connectivity. The .edu internet connectivity is a mission critical asset. MCU needs to procure the Cox/ISP and Equinix/infrastructure services directly from Accelera by Oct 30th to allow sufficient time for them to migrate MCU from the NIWC provided service to the new MCU service.

The required delivery/performance start date is 30 October 2020, or date of award, whichever is later and continue for 12 months.

Part 1: Brand Name: Cox Communication Services as follows:

Manufacturer Manufacturer

Part No.

Name and Description Quantity

Cox Communication Services

N/A Optical Internet - Installation

(NRC)

Cox Communication Services

N/A Optical Internet - 10 Gbps service (MRC)

Manufacturer: Cox Communication Services Manufacturer Contact: 1-866-456-9944 Manufacturer Address: P.O. Box 183124

Columbus, OH 43218-3124

Part 2: Brand Name: Equinix Datacenter as follows:

Manufacturer Manufacturer

Part No.

Name and Description Quantity

Equinix, Inc. N/A Secure Cabinet - 2.5 kVa power capacity - installation (NRC) 1

Equinix, Inc. N/A Secure Cabinet - 2.5 kVa power capacity (MRC) 12

Equinix, Inc. N/A AC Circuit - 120v, 20 amp, single phase - installation (NRC)

Equinix, Inc. N/A AC Circuits - 120v, 20 amp, single phase (MRC) 12

Equinix, Inc. N/A Cross Connect - single-mode, fiber

- installation (NRC) 2

Equinix, Inc. N/A Cross Connect - single-mode, fiber

(MRC)

Equinix, Inc.

N/A

IP Allocation - 32 (/27) – Initial Setup (NRC)

Equinix, Inc. N/A IP Allocation - 32 (/27) (MRC) 12

Equinix, Inc. N/A Power Distribution Unit - APC AP9564 horizontal 2

Equinix, Inc.

N/A SmartHands Support call (as needed)

Manufacturer: Equinix, Inc.

Manufacturer Contact: 1-888-342-8890 Manufacturer Address: One Lagoon Drive, Redwood City, CA 94065

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

MCU is attempting to replace the same service it is currently receiving via an agreement with NIWC. The MCU network router/hardware is already in place at the Equinix Datacenter and is currently configured to operate over the currently provided Cox internet service. Due to the NIWC imposed cutoff date/disconnection date of Dec 1, 2020 MCU believes only the named vendors can execute the transition from the NIWC solution to the new MCU solution in such a short timeline/schedule. Switching to another set of vendors would require MCU staff to gain physical access to the Equinix datacenter to recover/uninstall the MCU owned network router/hardware, move it to some other new datacenter and reconfigure the hardware for a new internet service provider all of which would need to be coordinated during the global COVID-19 pandemic. Both the short timeline and current COVID-19 pandemic makes it impossible to switch vendors/brand names for this requirement.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: On Sept 4, 2020 NIWC informed MCU that it would not agree to any additional extensions.

2. Required delivery date/period of performance: Services must be on contract by end of Oct 2020 to allow new services to be installed and cut over to before the NIWC mandated cutoff date/disconnect date of Dec 1, 2020.

3. Explanation of why delivery/commencement of services by the date mentioned above is required: These service are required to ensure the .edu network/domain maintains it internet connectivity. Failure to meet the timelines outlined above put MCU's mission at risk.

4. If appropriate, include any additional pertinent information.

None

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.