JA Sole Source FAR Part 13 W912LC23R0027_COCO JA signed v4_Redacted.pdf

Requirements Representative: Andrew Gray

Signature: DSN: 250-1145

Title: Network Engineer Date Reviewed: ___________

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: ______________________________ DSN:___________

Signature: _________________________________ Date: _____________________

Command Advocate for Competition

Typed Name: _______________________________ DSN: ______________

Signature: _________________________________ Date: ______________________

Sole Source Justification and Approval

Under FAR 13.501

1. Contracting Activity: The Colorado Army National Guard- Purchasing and Contracting Office

20230421

Nicholas J. Hancock 720 250-2708

HANCOCK.NICHOLA

S.JOHN.1291392713

D gitally signed by HANCOCK.NICHOLAS.JOHN.1291392713 Da e: 2023.0 .25 11:17: 3 -06'00' 25 Apr 23

Bruce A Cowan 720 250-4101

COWAN.BRUCE.ALL

EN.1080069606

Digitally signed by

COWAN.BRUCE ALLEN.1080069606

Date: 2023.04 21 11:17 59 -06'00' 21 Apr 23

GRAY.ANDR

EW.STEVEN.

1266280307

Digitally signed by

GRAY.ANDREW.ST

EVEN.1266280307

Date: 2023.04.21 10:23:27 -06'00'

2. Description of Action: This action is utilizing Operation and Maintenance funds to acquire annual services for network transport, primary rate interface and plain old telephone from Lumen the dominant carrier for the state of Colorado and the only vendor with 100% service reachability and installed facilities to 19 COARNG locations.

3. Description of Supplies/Services: Service Description: Metro Ethernet combines the power of Ethernet and optical technologies across MANs to provide scalable and secure bandwidth. Metro Ethernet provides local area network (LAN)-to-LAN connectivity between 2 or more locations within a metro area.

Service Description: Optical Wavelength Service (OWS) is a fiber optic-based service that provides dedicated, point-to-point, single-fiber data transport at speeds ranging from 1 to 100 Gbps.

Service Description: Plain old telephone service (POTS), or plain ordinary telephone service, is a retronym for voice-grade telephone service employing analog signal transmission over copper loops.

Service Description: Fiber Plus Enterprise is a High-speed symmetrical data connection from 50 Mbps to 1 Gbps.

Service Description: The Primary Rate Interface (PRI) is a telecommunications interface standard used on an Integrated Services Digital Network (ISDN) for carrying multiple DS0 voice and data transmissions between the network and a user.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Lumen has been the awarded provider for network services for the COARNG for the past 20 years and is the largest circuit carrier in the state of Colorado. Lumen is also the owner and installer of all circuits to all COARNG locations. All other carries would be required to lease Lumen services or install additional outside plant to the facility and extend to the DMARC Location. The COARNG due to limited space also requests that all existing pathways are fully used to preserve facilities in the original operating condition. The COARNG also arises issues with the availability to transition which would cause harm to operations. All new carrier installs would require a site survey, construction, installation, and configuration requirements that can not be obtained in a timely manner.

6. Efforts to Obtain Competition: This opportunity has been solicited 3 times with the same result of being awarded to Lumen. To transition would pose an operational impact to the COARNG and offer minimal or no cost savings compared to the lost time and complete overhaul of the COARNG network which would be outside the scope of this action.

7. Actions to Increase Competition: To feasibly make any other carrier an option government staffing of qualified personnel would need to be surged to handle the imposed workload. Actions to increase government staffing for a short-term initiative are not available to the COARNG. Additionally, this will not mitigate the service disruptions to mission critical sites.

8. Market Research: For the past decade Lumen has been the only carrier able to provide service to COARNG locations under one contract vehicle for all requested services. To save time and effort a centralized carrier has been preferred for timely remediation and management of the network. Lumen is the only carrier available to most sites that provide service as requested under the PWS. They have proven historically that no one can match pricing as well as provide all required services. They are the only single carrier that can provide symmetric scaled fiber to all 18 Demarc locations in the COARNG.

Utilizing market research with the https://broadbandnow.com/ we have observed no other local carrier can provide service to all sites. Carriers do not provide fiber which offers low latency a requirement per the PWS. Most do not provide POTS a requirement for life safety functions to handle primary fire alarm connections to the locale emergency dispatch center.

Historically, analyzing pricing for other carries or wholesalers since Lumen is still the primary backend owner, has led to excessive markup or no ability to single source all required like telecommunication services.

9. Interested Sources: To date no other vendor has expressed written interest for circuits on voice service for COARNG.

10. Other Facts:

a. Procurement History:

(1) Prior GSA NETWORX Miscellaneous payments sourced to QWEST W912LC-11-P-0117 09/07/2011 – 04/08/205 QWEST: Full and open W912LC-15-P-0024 Dates 04/09/2015 – 6/30/2020 with one 6-month extension Century Link formerly QWEST: Full and open W912LC-20-P-0018 Dates 7/1/2020 - 6/30/2023 Lumen formerly known as Century Link: Full and open.

(2) Prior competition has led to no change result in the carrier due to the monopoly lumen has in the State of Colorado and their ability to reach all our existing locations. They are the major owner of fiber and all POTS infrastructure to our location thus with proven results of our pricing the competition.

11. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: _______________________________Date: ________________________

Typed Name: Andrew Gray Title: Network Engineer

12. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signature: ______________________________Date: ________________________

Typed Name: Andrew Gray Title: Network Engineer

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Market research shows that for the past decade Lumen Technologies has been the only carrier able to provide service to COARNG locations under one contract vehicle for all requested services. Price analysis and an Independent Government Estimate were developed utilizing previous acquisition history and broadband resources to determine price fair and reasonable. Lumen Technologies is the centralized carrier has been preferred for timely remediation and management of the network. Lumen is the only carrier available to most sites that provide service as requested under the PWS. They have proven historically that no one can match pricing as well as provide all required services. They are the only single carrier that can provide symmetric scaled fiber to all 18 Demarc locations in the COARNG. As part of the basis, indicate that certified cost or pricing data is not required per FAR 15.403-1(b)(3).

GRAY.ANDREW.ST

EVEN.1266280307

Digitally signed by

GRAY.ANDREW.STEVEN.1266280307

Date: 2023.04.21 10 23:59 -06'00' 20230421

GRAY.ANDREW.ST

EVEN.1266280307

Digitally signed by

GRAY ANDREW.STEVEN.126628030

Date: 2023.04 21 10:24 30 -06'00'

20230421

Signature: ______________________________Date: ________________________

Typed Name: Christopher Stephenson Title: Contracting Officer

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

Signature: _____________________________Date: ________________________

Typed Name: Christopher Stephenson Title: Contracting Officer

STEPHENSON.CHRISTOP

HER.THOMAS.1273974535

Digitally signed by

STEPHENSON.CHRISTOPH

ER.THOMAS.1273974535 20230421

STEPHENSON.CHRISTOP

HER.THOMAS.1273974535

Digitally signed by

STEPHENSON.CHRISTOP

HER.THOMAS.1273974535 20230421

Approval Based on the foregoing justification, I hereby approve the procurement of Phone and IT Services for the Colorado Army National Guard , including options, other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _______________________________Date: ________________________

Typed Name: Sabrina DeRamus Title: Supervisory Contract Specialist

DERAMUS.SABRIN

A.M.1034325134

Digitally signed by

DERAMUS.SABRINA.M.1034325134

Date: 2023.04 24 14:27 07 -06'00' 20230424