JA25-042 822469754_AOC Follow-on JA_Redacted.pdf

CUI

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Controlled By: DISA Controlled By: IE16 CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: Kenneth Dieffenderfer; kenneth.a.dieffenderfer.civ@mail.mil

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number: Not Applicable (N/A) Contract Number: To be Determined (TBD) Task/Delivery Order Number: N/A Procurement Title: Department of Defense Information Network (DODIN) Contiguous United States (CONUS) Fiber Operations and Maintenance (O&M) Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a)(1) and FAR 6.302-1

Justification for OTFAOC Number: JA25-042

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR 6.302-1.

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

Defense Information Systems Agency (DISA) Acquisition Directorate Program Executive Office Transport Transport Division (IE) Fort Meade, Maryland 20755-0549

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO)/PS8231 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S): This J&A is for a sole source O&M contract under a 25-year, long-term Indefeasible Right of Use (IRU) telecom lease contract, awarded in 2004 between DISA and AOC Connect, LLC (AOC). The initial contract included the IRU capital lease and procured O&M for 10 years. A bridge action was then completed and followed by an additional 10-year O&M contract, which expires in May 2025.

3. DESCRIPTION OF SUPPLIES/SERVICES: DISA has a requirement for continued O&M support for dark fiber optic cables in the Mid-Atlantic CONUS area to support the Department of Defense (DoD). Fiber optic communications are required to support the Defense Information System Network (DISN) CONUS core and to provide defense enterprise critical capabilities and

JA25-042 DODIN CONUS FIBER O&M

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The infrastructure and facilities are owned by AOC, and the Government equipment is located inside AOC facilities. No other source has access to the facilities, fiber, or the engineering data on the fiber to complete the work.

(4) Impact.

This requirement supports the DODIN, responsible for defense enterprise capabilities and functionality. The schedule required for another contractor to design, engineer, integrate, configure, test, turn-up, certify and transition customer links, would not meet the schedule required by the DoD to support the above stakeholders. This contracting action is necessary to ensure Government fiber infrastructure and associated equipment are maintained and available to support the warfighter. Failure to obtain these services under sole source will result in degraded communications for the warfighter.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

A combined Notice of Intent-Sources Sought was posted to SAM.gov on May 23, 2024 requesting capable companies to submit their interest within 15 days from the notice. No responses were received. As discussed above, AOC is the only practicable source. The Contracting Officer (KO) will post this J&A to SAM.gov within 14 days of award of this contact action in accordance with FAR 6.305(a).

7. DETERMINATION OF FAIR AND REASONABLE COST:

The KO has determined that the anticipated cost to the Government will be fair and reasonable.

The proposed costs for this action will be evaluated in accordance with FAR 15.404. Proposal pricing of the sole source provider will be negotiated and compared to an Independent Government Cost Estimate, historical data, and published market prices for the service. Certified cost or pricing data is not required for this commercial acquisition in accordance with FAR 15.403-1(b)(3).

8. MARKET RESEARCH:

Based on market research dated April 2024, it has been determined that only the support from AOC can fully meet the Government’s need. AOC owns or controls access to the facilities where all the DISN equipment is located for the existing dedicated fiber network and no other competitor is permitted access. This is standard protocol for any telecommunications provider with a facilities-based environment.

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 support in the marketplace that provide the same functionality, the fiber owner releases ownership rights or allows third party access, or it is economically feasible to procure new fiber and/or infrastructure.

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9. ANY OTHER SUPPORTING FACTS:

None

10. LISTING OF INTERESTED SOURCES:

None. When market research was conducted, no other sources expressed interest in this requirement. As stated in paragraph 6 above, a synopsis will be published within 14 days of contract award.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

Contract Number: HC1047-04-C-4050 Contractor Name: AOC Period of Performance: April 15, 2004 - October 14, 2014 Competitive Status: Competitive Business Type: Small Business

Contract Number: HC1047-15-C-4001 Contractor Name: AOC Period of Performance: October 15, 2014 - May 14, 2015 Competitive Status: Exception to Fair Opportunity (Sole Source) - Bridge Business Type: Small Business

Contract Number: HC1047-15-C-4005 Contractor Name: AOC Period of Performance: May 15, 2015 – May 14, 2025 Competitive Status: Exception to Fair Opportunity (Sole Source) Business Type: Small Business

(b) In anticipation of the expiration of both this projected contract and the IRU, the

Government will conduct market research to evaluate alternative solutions.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Kenneth Dieffenderfer SIGNATURE/DATE:

TITLE/ORGANIZATION: Contracting Officer Representative, IE16

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Christopher Paczkowski SIGNATURE/DATE:

TITLE/ORGANIZATION: PEO Transport Director

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Brittany N. Haas SIGNATURE/DATE:

TITLE/ORGANIZATION: Contracting Officer/DITCO PS8231

PROCURING ACTIVITY COMPETITION ADVOCATE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Since this justification does not exceed , this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

NAME: Gay Arnold SIGNATURE/DATE:

TITLE/ORGANIZATION: Procuring Activity Competition Advocate

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO