Justification for Exception to Fair Opportunity_signed_Redacted.pdf

4. Statutory Authority Permitting EXCEPTION TO FAIR OPPORTUNITY

This Justification is pursued in accordance with 10 U.S.C.

§3406(c), as implemented through FAR 16.505(b)(2)(C), which provides that an Agency may issue a TO on a sole source basis, in the interest of economy and efficiency because it is a logical follow-on to a TO already issued under the contract, provided that all awardees were given an opportunity to be considered for the original TO.

5. Rationale Justifying Use of Cited Statutory Authority

AT&T is the current service provider for wireless services to NSWCCD, via TO No. N00167-24-F-0006, awarded against AT&T’s Spiral 3 IDIQ Contract (e.g., N00244-18-D-0001). The Government awarded the aforementioned TO on 31 October 2023, as an interim solution for NSWCCD’s wireless service needs until Naval Supply Systems Command (NAVSUP) made contract award of the Spiral 4 IDIQ contracts. TO No. N00167-24-F-0006 is scheduled to expire on 6 November 2024.

NAVSUP awarded the Spiral 4 IDIQ contracts on 8 May 2024; however, additional training on how to place orders against the contracts, to include instruction on using the newly issued NAVSUP templates (e.g., price calculator, device listing, ELIN spreadsheet, and Mandatory Requiring Activity Template) was not provided until 5 June 2024 and 6 June 2024. The change of ordering procedures for use of Spiral 4, coupled with NAVSUP’s delay in establishing the Spiral 4 contracts, has ultimately impacted NSWCCD’s acquisition plan and the Warfare Center’s ability to construct a long-term solution to its wireless support needs once its current TO with AT&T expires. Per the Spiral 4 Ordering Guide, the procurement lead time for placing an order against a Spiral 4 contract takes approximately 90 days. More so, the lead time of 90 days is a goal, versus a mandate, and may not provide NSWCCD enough procurement lead time to establish a competitive order against Spiral 4, prior to the expiration of TO No. N00167-24-F-0006.

Additionally, issuing a competitive TO against Spiral 4 would impose increased costs on NSWCCD and result in a mobilization delay. Should a different Spiral 4-contract holder be used for NSWCCD’s wireless support needs at this time, NSWCCD would need to collect 2,308 devices, and then redeploy that same number of devices to NSWCCD personnel. The estimated cost to the Government that would be duplicated is approximately $700K. The estimate was derived by the number of hours and employees it would take to receive and redeploy 2,308 phones. The Government’s estimate factored in seven specific tasks and the amount of time each task takes to complete. Furthermore, the total hours mentioned above would translate into 115 weeks to complete a full redeployment of phones. This delay would be unacceptable to the Government and may cause significant work stoppage in employees' means of mobile communication. The anticipated TO contemplated with this Justification will provide NSWCCD a means to continue its wireless services while the Warfare Center properly plans for a long-term solution that will ultimately be competed amongst all Spiral 4 IDIQ Contract-Holders.

6. Description of Efforts Made to Solicit Offers from as Many

Offerors as Practicable

The Government performed informal market research, and reviewed the pricing for all Spiral 4 IDIQ Contract-Holders, using the Spiral 4 price calculator. The Government intends to compete its need for wireless services among all Spiral 4 IDIQ Contract- Holders, once the anticipated TO contemplated with this Justification is completed.

7. Determination of Fair and Reasonable Costs

The Procuring Contracting Officer (PCO) determined that the anticipated costs to the Government for the wireless services described in this Justification are fair and reasonable because the pricing offered through the Spiral 4 IDIQ Contracts have been previously determined to be fair and reasonable. The PCO will also use the proposal analysis techniques found at FAR 15.404-1(b), to establish a fair and reasonable price for the anticipated TO.

8. Actions to Remove Barriers to Competition

Upon the expiration of the anticipated TO, NSWCCD expects to compete its requirement for wireless services amongst all Spiral 4 IDIQ Contract-Holders. Additionally, the circumstances surrounding the need to obtain the required services without using fair opportunity procedures will be reviewed annually by the PCO.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 16.505(b)(2)(ii)(B)(9))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL AND REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)(ii)(B)(8))

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

Upon the basis of the above justification, I hereby approve, as the solicitation of the proposed procurement(s) described herein using other than fair opportunity, pursuant to the authority of 10 U.S.C.

§3406(c)).

ADVOCATE FOR COMPETITION APPROVAL