JA24-039 WHCA_SPECIAL F_842468790_FINAL_Redacted.pdf

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Page 1 of 8 Pages Controlled By: DISA Controlled By: PS8414 CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: melissa.a.weh.civ@mail.mil

LIMITED SOURCE JUSTIFICATION

FEDERAL ACQUISITION REGULATION (FAR) PART 8 ACQUISITIONS

Multiple Award Schedule (MAS)/Multiple Award Contract Orders under MAS/General Services Administration Schedules (GSA)/Federal Supply Schedules

(FSS) FAR 8.405-6

Purchase Request Number: To be determined (TBD) Contract Number: TBD Task/Delivery Order Number: TBD Procurement Title: Sustaining Presidential Emergency Cellular Interoperability and Logistics – First Responder Network Authority (FirstNet) Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a) and FAR 8.405-6(a)(1)(i)(B)

Justification & Approval (J&A) Number: JA24-039

Upon the basis of the following justification, I, as the Procuring Activity Competition Advocate (PACA), hereby approve this limited source justification pursuant to the authority of FAR 8.405- 6(a)(1)(i)(B) only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. The acquisition referenced herein is conducted under the Statutory Authority of the MAS Program, 41 U.S.C. 152(3).

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

White House Communications Agency (WHCA) 2743 Defense Boulevard Southwest Washington, D.C. 20373

Contracting Activity:

Defense Information Technology Contracting Organization (DITCO)/PS8414 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S) BEING APPROVED:

(a) This limited sources J&A supports WHCA’s requirement to provide public safety communications services for first responders and to establish a backup solution to their primary cellular provider, Verizon Wireless, for mobile devices and cellular services, to ensure a secondary option is available, should a catastrophe occur with the Verizon

Sustaining Presidential Emergency Cellular Interoperability and Logistics – First Responder Network Authority – JA24-039

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services at a minimum of 4G and have the capability to work in the extremely high frequency band ranging from 28GHz and 39GHz as well as mmWave or C-Band, which works in the 3.45GHz range. All cellular based equipment must have the backwards capability to still function with 4G LTE technologies domestically. This capability utilizes radio frequency band 14, 788MHz to 798MHz LTE network with a minimum of 4G LTE on cellular bands 12 and 17 in the 700MHz range domestically and roams globally. These commercial cellular service spectrum ranges, cellular bands, cellular frequencies, and hardware will provide the nationwide diversity sought for WHCA’s mission requirements.

WHCA requires all text messages the PITC users make on their handheld devices be collected via a message archiving service. Executive Office of the President users fall under the Presidential Records Act of 1978; all written records made by these users must be captured and stored in the National Archives.

WHCA also has identified specific users that provide critical support and require access to band 14 LTE spectrum, which the Federal Communications Commission has allocated exclusively for public safety and first responder communications, known as FirstNet. The FirstNet capability ensures effective communication during mission essential/critical and emergency situations is sustained for continuous operations.

Band 14 represents 20 MHz of highly desirable spectrum in the 700 MHz band that provides good transmission in urban and rural areas, as well as adequate penetration into buildings to provide immediate access to mission-critical capabilities.

Subscribers also have access to a dedicated Security Operations Center offering 24/7/365 support.

(2) Proposed sole source contractor. AT&T is the only cellular provider that can provide coverage in areas where the primary provider, Verizon Wireless, has limited coverage to perform at an acceptable level. Voice and data cellular services provided by AT&T has been identified to work in all global locations required to meet WHCA’s mission.

In March 2017, AT&T was awarded the contract to develop, deploy, and maintain band 14, the exclusive wireless spectrum licensed to FirstNet, which creates a nationwide public-safety wireless broadband network. The 25-year contract was awarded competitively following a Request for Proposal issued on FedBizOpps by the Department of Commerce and FirstNet. As such, AT&T is the only FirstNet provider for this specific service of public safety communication, justifying the limited source.

(3) Discussion regarding cause of the limited source situation. WHCA must provide the capability for the PITC to conduct communications nationwide. Due to the coverage requirements and need for a dedicated network for first responders, only AT&T is currently capable of meeting the Government’s minimum requirement. Cellular voice, data plans, equipment and FirstNet services would provide necessary redundancy to the primary cellular service with Verizon Wireless, to ensure a backup option is available, should a catastrophe occur with the Verizon Wireless network.

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(4) Demonstration of limited source. The FirstNet communication technologies are specifically built into each subscriber identity module (SIM) card, embedded SIM (eSIM), plan, phone and/or data device. Therefore, the capability cannot be used on other carriers’ networks. For example, a provisioned FirstNet eSIM card will work in an iPhone 15 when placed on a FirstNet plan, but the same iPhone 15 device will not be able to work on the FirstNet network if another carrier eSIM is activated in the device. AT&T is unique in that they are the only provider with a robust nationwide cellular capability and with a dedicated network. This allows for a secondary option for communications if the primary provider’s coverage is not an acceptable level or a catastrophe occur.

(5) Procurement discussion. Procurement of AT&T’s wireless devices, cellular and FirstNet services are required to support the PITC with public safety communications services for first responders and a backup solution for the safeguard of the United States. AT&T’s FirstNet services have been previously procured and currently in place since 2017 with proven success to fulfil WHCA’s mission.

(6) Impact. If WHCA is unable to procure cellular voice and data services in the

700MHz band 12 and 17 spectrum services, to include the FirstNet domestic services and devices, along with international roaming, the agency will not be able to accomplish its no-fail mission. This capability directly impacts the governance of the country and the safety and security of the President, Vice President, National Security Staff, and others. Services procured through AT&T would provide necessary redundancy to the primary cellular services to ensure a backup option is available if coverage is not acceptable in certain areas with the primary provider or should a catastrophe occur. The need for a backup cellular network to ensure redundant services is paramount to WHCA’s mission.

5. BEST VALUE DETERMINATION:

(a) A determination will be made by the Contracting Officer that issuing the subject task order represents the best value to the Government IAW FAR 8.404(d). By establishing a task order against a schedule contract using the procedures in Part 8, the ordering activity has concluded that the task order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's need.

(b) GSA has already determined that prices of supplies, fixed price services, and rates for services offered are fair and reasonable for the purpose of establishing the schedule contract. However, the Contracting Officer will make an independent determination of fair and reasonable pricing for this task order using the proposal analysis techniques at FAR 15.404-1. The complexity and circumstances of this requirement will determine the level of analysis and the techniques used to determine the proposed price is fair and reasonable. Such methods include those identified as follows:

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(1) FAR 15.404-l(b)(2)(ii), comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

(2) FAR 15.404-1 (b)(2)(iv), comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

6. MARKET RESEARCH:

(a) Market research was conducted from August 2023 through January 2024 by requesting information from the four major United States based cellular providers, discussing the requirement with several cellular experts and knowledgeable individuals in Government and industry, reviewing data from previous acquisitions, reviewing current contracts, reviewing DISA-wide contract vehicles and other Government-wide acquisition contracts, and reviewing provider websites to determine potential sources.

(b) Market research was further conducted to determine if another company’s products and services can meet the Government’s needs. While all carriers have some form of 700MHz LTE services, AT&T is the only carrier that can provide 700MHz LTE services on bands 12 and 17 of the cellular spectrum and offer FirstNet branded prioritized voice and data cellular bandwidth over this network. While all carriers have some form of public safety services, AT&T is the only carrier that can provide public safety services under the Congress-approved FirstNet network. WHCA plans to research all available public safety services in the marketplace; however, it is imperative to national security that, as the sole provider of cellular services to the White House, WHCA has access to the FirstNet network since it is the primary public safety network for state and local governments in the United States of America.

(c) The next step in the market research was to determine the procure method. The Department of Navy Indefinite Delivery, Indefinite Quantity MAC Spiral 3 contracts were reviewed, but determined not suitable for WHCA’s unique requirements to include, message archiving, 12-month technological refresh period, permanent line suspensions, unlocked hardware, hotspot use outside the continental United States as well as domestic roaming in Mexico and Canada. This requirement cannot be set aside to a small business as AT&T, who is a large business, will be the sole provider.

(d) Based on current market research, dated January 2024, it has been determined that only the aforementioned supply/service and/or product support provided by AT&T, can fully support the Government's need. This requirement is for proprietary products and/or product support, and no competitor functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions, e.g., there are similar products and/or product support in the marketplace that provide the same functionality, the Original Equipment Manufacturer releases ownership rights of product, or it is economically feasible to procure a new

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system. This J&A supports WHCA’s recommended approach to issue a sole source task order to AT&T utilizing the GSA IT MAS – Category 517312, Wireless Mobility Solutions.

7. ANY OTHER SUPPORTING FACTS:

None.

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE BARRIERS THAT LED TO THE

RESTRICTED CONSIDERATION:

a. Procurement history.

(1) Contractor: AT&T

Business Size: Large (LB) Contract Number: 47QTCA19D00MV Task Number: HC108420F0005 Contract Type: FFP Competition: Sole source Contract Vehicle: GSA Federal Supply Schedule, IT Schedule 70, Special Item Number 132-53, Wireless Services Dollar Value:

PoP: October 30, 2019 – October 29, 2024, consisting of a 1-year base period with 4, 1-year option periods

(2) Contractor: AT&T Business Size: LB Contract Number: GS00Q13NSA3000 Task Number: HC101316F0010 Contract Type: FFP Competition: Sole source Contract Vehicle: GSA Federal Supply Schedule, IT Schedule 70, Special Item Number 132-53, Wireless Services Dollar Value:

PoP: November 6, 2015 – November 5, 2019

b. Throughout the year and prior to exercising future option periods, WHCA will continuously monitor, update, and re-assess the commercial marketplace for any advances in technology and coverage areas that would remove competition barriers. AT&T is the only wireless provider that can provide cellular coverage in areas where the primary provider, Verizon Wireless, has limited coverage to perform at an acceptable level. AT&T is also the only carrier that can provide 700MHz LTE services on bands 12 and 17 access to band 14 LTE, which represents the required 20MHz of the 700MHz spectrum to offer FirstNet prioritized voice and data cellular bandwidth over this network, which is essential to WHCA’s mission.