JOFOC for covered telecommunications - Chancery internet and landline.pdf

Reference DOSAR 606.303-2

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION, (JOFOC)

ACQUISITION OF COVERED TELECOMMUNICATIONS EQUIPMENT AND

SERVICES 2019 NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) AND

20 STATE 71258

1. I recommend that the Department of State use other than full and open competition for the acquisition of telecommunication equipment and services. These tech services are critical to maintain connectivity and support Post's ability to advance Mission goals. The implementation of the National Defense Authorization Act (NDAA) bars contracting services from providers that may utilize sources of equipment or services from parties such as Huawei, ZTE, Hikvision, Dahua, and Hytera, or their subsidiaries or affiliates.

As Post works with evolving guidance from Washington DC to screen companies, pursue waivers as needed and implement this act, haste is needed to ensure contracts are in place to prevent a disruptions in these services which would cause an unacceptable disruption the continuity of Post's operations.

The estimated cost for a year's services is $13,500.

2. Nature andlor description of the action being approved.

[X] A new purchase order or contract.

[ ] A modification to an existing purchase order or contract.

3. A description of the supplies or services required to meet the agency's needs.

This purchase order supports the Chancery's maintenance on landlines and internet connectivity from local provider Telia for 12 months. These services are critical and alternatives do not exist due to the nature of monopolies in the telecommunications industry and the need to maintain existing landlines which run off infrastructure which is in place and serves physical location of the Chancery. These services are needed to maintain a modem office building. Additionally communications links are required for emergency planning and to facilitate redundancies in means of communication that could be needed in the event of crisis.

4. An identification of the statutory authority permitting other than full and open competition.

[X] 41 V.S.C. 253 (c) (2), FAR 6.302-2; Unusual and Compelling Urgency;

(Based on the available time and urgency of the requirement as detailed below)

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

The speed of the implementation of the NDAA does not leave time to screen and exclude the possibility of the use of covered telecommunication equipment andJor services by the local provider within its current infrastructure used to support our communications platform. This makes their use compulsory over the next 12 months to complete transitional activities or a waiver is processed.

[] The market research of suitable alternatives was not available in sufficient time thereby creating an urgent and compelling need.

[] The host country government requires the use of these sources/equipment.

[X] There is no known capable source to meet the Department of State's security requirements.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

This proposed action is of an unusual and compelling nature and the Department would be injured by a delay or discontinuance of services. FAR 5.202 (a) (2) applies. Post cannot shut down critical telecommunications and would have to close operations. See ALDAC 20 State 71258

The following other sources were reviewed but were not adequate because of the following:

Other telecommunications companies were considered but due to the need to maintain landlines, they were not considered technically qualified as they could not meet our needs, particularly with consideration to the need to prevent any disruption in service necessitating that all infrastructure already be in place.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer compared this price with information on prevailing market rates and historical charges to service the chancery. The annual price is competitive and in line with prior amounts paid to cover these services on a monthly basis. Additionally, the contracting officer compared the chancery with other off site offices receiving similar services and found the price to be highly competitive given the size scope is significantly greater than offsite offices with much lower staffing, but the expense is not proportionately high indicating good value.

8. Any other facts supporting the use of other than full and open competition.

None

9. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

Post management is tracking guidance on the NDAA requirements and will evaluate how the use of screening or a waiver process could increase options and competition within the local environment while still meeting Post's telecommunications needs.

Post Management will continue to keep abreast of the market to understand when it will be in the best interest of the Department to compete this requirement in the future.

In accordance with FAR 6.305 (b) or FAR 13.501 (a) (1) (iii), this J & A will be posted within 30 days of contract award.

CERTIFICATIONS

I certify that the information in this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition to the best of my knowledge and belief. _

Ul/llj-wLO V-~ Date:

IMO Representative

I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on my assessment, I conclude that other than full and open competition is justified and the proposed price is fair and reasonable.

t~:I?/J~ As the Competition Advocate at post, I approve this .

DETERMINATION OF FAIR AND REASONABLE PRICING

Contracting Officers must determine that the proposed prices are fair and reasonable. A fair and reasonable price is one that a prudent and competent buyer would be willing to pay considering market conditions such as supply and demand, competition, and general economic conditions.

The price of covered technology equipment andlor services are considered fair and reasonable based on the following price analysis (Check all that apply and add specific pricing information utilized to determine the price is fair and reasonable. Simply checking the block is insufficient.)

[] Comparison with Other telecommunication Rates: I reviewed the rates of comparable hotels andlor conference accommodations and these rates are reasonable in comparison.

[X] Comparison with Market Prices: I compared the present accommodation rates to the rates these other specific telecommunication providers charged in the past competitive environment and found them to be reasonable. Telia pricing for the Chancery is equivalent! in line when considering scale as compared to pricing for ODC and USSS offices.

[] Compensation for Security: The provider included additional cyber security protections for security needs. IMO concur that these measures are necessary and reasonable. These charges {identify amount due to these additional security measures] are similar to those required by other posts and other information security products.

[X] Restricted Competition: The prices are higher than norrnal market due to the restricted competition created by unique security needs and infrastructure requirements andlor host nation allocation of telecommunication providers.

Competition restricted by limited suppliers and physical infrastructure in place.

[] Comparison with Government Estimate: The proposed {identify cell phone, internet, landline] rates are reasonable based on comparison and analysis of the government estimate reviewed by IMO office or {you can identify other offices as well if applicable).

RESPONSIBILITY DETERMINATION

Number: )g [N.A OJ..Q f'()~~

Contractor Name: TELIA

In accordance with FAR 9.104-1, the contractor is determined to be responsible after consideration of the following:

(a) Financial Resources. The contractor appears to have adequate financial resources to perform the contract, or the ability to obtain them. This hotel has been a going concern in this country with adequate business.

(b) Compliance with Performance Schedule. The contractor appears to be able to meet the required performance schedule. Rooms and facilities have been determined to be available and adequate for this event.

(c) Performance Record. The contractor has a satisfactory record of performance history. Post has used this telecommunication provider before or is familiar with the providers reputation for performance.

(d) Integrity. The contractor has a satisfactory record of integrity and business ethics.

Post is unaware of any issues relating to integrity or business ethics.

(e) Organization and Skills. The contractor appears to have the necessary organization, experience, accounting and operational controls, and skills (or the ability to obtain them) to perform this contract.

(f) Equipment and Facilities. The contractor appears to have the necessary equipment and facilities necessary for this contract, or the ability to obtain them.

(g) Otherwise Qualified. The contractor is otherwise qualified and eligible to receive an award under applicable laws and regulations. The firm is not found to be on the Excluded Parties List 8/1112020 and FAPIIS list dated 811112020.

Signature