JEFO 2025_120_Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control Number: 2025-120

5. Authority Cited: Title 10 U.S.C. §3406(c)(2) as implemented in FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized

6. Reason for Authority Cited: The Army is required to procure wireless services and devices through the U.S. Navy’s Spiral 4 IDIQ MAC as a mandated strategic source.

While Spiral 4 includes seven contractors, AT&T is uniquely positioned as the sole provider capable of delivering services compatible with the National Public Safety Broadband Network, FirstNet. This is a direct result of AT&T being awarded an exclusive, nationwide contract by the Government (First Responder Network Authority within the U.S. Department of Commerce) to build and operate FirstNet – a dedicated broadband network for public safety. Consequently, AT&T is the only Spiral 4 contract holder able to fulfill the requirement for FirstNet wireless services. FirstNet, delivered through AT&T, offers a dedicated first responder spectrum, “always-on” wireless priority, and preemption capabilities under comprehensive government oversight. The network is designed for exceptional resilience, security, and reliability, incorporating physical hardening measures and leveraging all available bandwidth and integration methods to maintain connectivity during catastrophic or critical incidents. This approach directly addresses documented shortcomings in communications interoperability highlighted in numerous real-world events, aiming to establish a single, nationwide broadband network specifically for first responders. While other service providers claim comparable capabilities, practical implementation consistently demonstrates their inability to deliver a dedicated spectrum, guaranteed first responder priority, reliable preemption, or seamless integration with essential first responder tools such as land mobile radios, Geographic Information Systems (GIS) tracking, asset tracking, and Common Operating Picture (COP) platforms. FirstNet’s unique architecture and dedicated resources are critical for ensuring effective communication and coordinated response during emergencies.

a. Scope: This request seeks to maintain critical communications capabilities by continuing subscriptions for FirstNet-compatible devices previously acquired, enabling their continued operation on the National Public Safety Broadband Network across 71 locations within the Strategic Support Area (SSA). First Responder Network Authority, an independent authority within the U.S. Department of Commerce established by Congressional authorization in 2012, is dedicated to developing, building, and operating a robust, nationwide broadband network specifically designed to support the life-saving mission of first responders and protect U.S. communities. FirstNet is continuing to expand and build upon the first national public safety broadband network, providing first responders with the advanced communication and collaboration technologies essential for effective response during critical emergencies – particularly in complex, multi-agency incident scenarios. Following a full and open competitive procurement process, AT&T was awarded an exclusive 25-year contract by the Department of Commerce on March 28, 2017, to deliver FirstNet services across the United States (as detailed in a Department of Commerce memorandum dated April 16, 2018). This contract ensures a dedicated and prioritized network for public safety. Access to FirstNet wireless services in support of the Department of Defense (DoD) is exclusively available through AT&T’s Spiral 4 contract. This requirement was reinforced by a DoD-wide policy signed into effect by the Deputy Chief Management Officer on September 28, 2018, mandating that all DoD components, including the Army, procure unclassified wireless mobile devices and services utilizing the Department of the Navy’s indefinite delivery/indefinite quantity, multiple award contract. Subsequently, the Army issued All Army Activities (ALARACT) 015/2019 in February 2019, directing all wireless contracts to be processed through U.S. Army Network Enterprise Technology Command (NETCOM) in accordance with DoD Chief Information Officer (CIO) Policy, specifically leveraging the Navy Spiral 4 contract vehicle. Also, U.S. Army Materiel Command (AMC) fragmentary order (FRAGORD) 01 to operation order (OPORD) 20-179 directs Army Contracting Command (ACC) to “Ensure Army Public Safety (PS) elements – including Law Enforcement, Fire, Security, Emergency Dispatch, Emergency Management, Medical, Health Care Services, and Anti-Terrorism personnel – review their wireless renewal requirements to guarantee access to and utilization of the National Public Safety Broadband Network.” This ensures compliance with established DoD acquisition guidelines and maximizes the benefits of the FirstNet network for our personnel.

b. Alternatives: Currently, no alternative solution offers the complete suite of capabilities provided by the National Public Safety Broadband Network, FirstNet. The Department of Commerce conducted a comprehensive and competitive procurement process, resulting in a single contract award to AT&T to deliver a fully integrated network solution across all 56 states and territories. This comprehensive solution encompasses the deployment and maintenance of a nationwide infrastructure, including a Nationwide Core Network connected to Radio Access Network (RAN) services, robust backhaul and aggregation capabilities, state-of-the-art operation centers, rapidly deployable assets, sophisticated operation and business support systems, essential network services, and continuous system maintenance and evolution. The 25-year contract between FirstNet and AT&T (awarded in 2017 and extending to 2042) guarantees long-term stability and investment in this critical infrastructure. Furthermore, no other vendor satisfies this requirement within the constraints of the Navy’s Spiral 4 MAC. To ensure comprehensive coverage and responsiveness, IMCOM requires FirstNet capabilities to be available across all work shifts within Fire, Police, and Security departments, as well as within each local first responder operations cell, for supervisory personnel, and in all critical first responder sections – representing a minimum operational standard.

c. Impact if justification request is not approved: Failure to continue FirstNet services will result in critical communication deficiencies for the Army’s first responders. No viable alternative exists that delivers the dedicated spectrum, prioritized access, preemption capabilities, and interoperability essential for effective emergency response.

Without the services, there will be an increased risk to personnel safety, first responder responsiveness, and mission effectiveness, hindering the Army’s ability to respond to of communications, especially since FirstNet can interface with LMR. General Public Wireless communication systems do not provide multiple network connections and do not interface and interoperate directly with the Army’s LMR systems. The implementation of the FirstNet for local, state, and Federal first responders, mitigates communication overload. Army Installations will continue to enhance Force Security and Installation Readiness with continuation of FirstNet as it solves communications and coordination issue that have previously occurred between U.S. Army and public first responders.

Approval

Based on the foregoing justification, I hereby approve the procurement of FirstNet Wireless Services on an Exception to Fair Opportunity basis pursuant to the authority of Title 10 U.S.C. §3406(c)(2) as implemented by Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. The estimated value of the new contract is $22.6 million for a five-year period of performance consisting of a base year and four one-year options to include FAR Clause 52.217-8, from 30 October 2025 through 30 April 2031. The approval is subject to availability of funds, and provided that the supplies or services herein described have otherwise been authorized for this acquisition.

WADE C. COLE

Senior Contracting Official U.S. Army Mission and Installation Contracting Command JBSA Fort Sam Houston, TX