PL-2227 Limited Source OVER SAT (NAVSUP) Verizon redacted.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

LSJ# F24-PL-2227

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY FOR A MULTIPLE

AWARD CONTRACT ORDER (MAC)

Above the Simplified Acquisition Threshold (above SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Limited Source Justification. The requiring activity is the Portsmouth Naval Shipyard; the contracting activity is the Portsmouth Naval Shipyard Kittery Maine Contracting and Logistics Department Code 410.1.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority FAR 16.505(b)(2)(i)(c). This is a limited source action to be awarded as modification of an existing order (N3904023F0040) the base task order was to provide 1540 phones, 1105 smart phones, 108 hotspots and this modification will add CLIN 6001 with another 12 months for 1906 phones, 1950 smart phones, 318 hotspots identified in paragraph 3 below.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is intended to acquire service and equipment for PNSY: 1885 Cell Phones, 1885 iPhones, 308 MiFis, 10 Directory Assistance per month, Mass Emergency Notification System capability (EMAG), International (Global email and data) for up to 5 iPhones at a time, and Portable Data Network Bundle; SUBMEPP: 21 Cell Phones, 65 iPhones, 10 MiFis, 11 Directory Assistance per month, International (Global email and data) for up to 3 iPhones at a time, POP: 05/01/2024 to 04/30/2025, Verizon Wireless,

4. IDENTIFICATION OF THE JUSTIFICATION RATIONALE AND/OR

DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding $2,500 issued under a multiple award contract is 10 U.S.C. 3406(c)

(a) Describe in detail reason for purchasing and why it is beneficial to the Navy.

Current Spiral 3 Verizon Wireless contract task order N0024418D0003/N3904023F0040 expires 04/30/2024. The Department of Navy, Wireless Mobility Services, Blanket Purchase Agreements (DON-WMS BPAs), the follow-on vehicle to Spiral 3 has not been completed yet, the DON has extended Spiral 3 contract vehicle Period of Performance (PoP) to 07 May 2024. With the spiral 3 extension completed, customers can place one-year task orders or modify existing task orders after 07 May 2023 and can do so until 07 May 2024. Continue using the current ordering process for all Spiral 3 orders. PNSY and SUBMEPP cannot have any lapse in mobile device service.

(b) Reasons for not providing a fair opportunity to all awardees:

ASN RD&A Policy Memorandum of March 2005 directs the use of NAVSUP Fleet Logistics Center (FLC) San Diego contracts for the Government’s DoN, DoD, and Government-Wide Agencies Wireless Services. All users of this contract must comply with OMB, DoD and Agency Policies regarding use of wireless services and devices current at the time of use. Other Government agencies may use additional supplemental regulations if required under applicable agency policies.

(c) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract; FAR 16.505

Use of this Ordering Guide is MANDATORY for all orders. Use of Spiral 3 Templates is MANDATORY for all orders

Verizon Wireless is PSNY current wireless services contract holder with devices currently in use and has provided this service since March 2018. Transitioning to another wireless service provider for a one year contract would result in excessive expenses, disruptions, and an extraordinary amount of man hours and associated labor expenses. All awardees were given a fair opportunity to be considered for the original order under the Multiple Award Contract N0024418D0003. This order was conducted in March 2018 through full and open competition and subject to multiple award fair opportunity to four indefinite delivery vehicle offerors. One offer was received and subsequently awarded. This exception to fair opportunity has been a necessity for continuity of phone service until the new Spiral 4 contract is in place.

1. Transitioning to a new service provider other than Verizon Wireless would result in the need to replace and re-deploy the approximately 3,856 devices currently in use at PNSY. At an estimated minimum of 2 man hours required to transition each device, this would require an additional 7,712 man hours and disrupt other essential projects by diverting personnel focus solely to this task. PNSY C109 Information Technology department currently could not handle that additional labor expense

Transitioning phones to a new carrier for a one year period would not be advisable. The costs would be too great.

2. The current Navy Spiral 3 contract that PNSY orders task orders from is set to expire on 07 May 2024 with the current extension, and the new General Services Administration (GSA) cellular communications Blanket Purchase Agreement (BPA) contract ordering period is set to begin once Spiral 4 is complete. The new GSA contract has not been awarded yet, and therefore with this unknown it is in the best interest of the government to modify N3904023F0040 one year task order to add the additional 12 months under the existing Navy Spiral 3 contract to Verizon Wireless to mitigate any risk with the unknowns of the forthcoming GSA BPA. This decision will avoid potentially transitioning our phone services twice within a 12-month period, and prevent incurring the previously mentioned expenses and manpower associated with this transition twice within 12 months as well. Additionally, if the expected GSA BPA does not materialize, this one year task order with Verizon Wireless will give PNSY the appropriate amount of time needed to prepare and compete to award our own contract and secure this essential service for our employees for the next 5 years.

3. To address poor wireless signal issues around PNSY and within buildings and conference rooms, Verizon Wireless has installed numerous signal boosters, antennas, and mobile cellular towers to achieve adequate cellular service throughout all required sites and buildings. This established infrastructure ensures sufficient communication capability and efficiency. A change in cellular service providers would require removal and replacement of this infrastructure built and invested in, resulting in even more costs and man hours to accomplish a transition potentially twice within 12 months.

4. Continuing to use Verizon for our wireless communication services will mitigate the risk of delays to mission-critical projects and/or ships maintenance schedules due to time without devices resulting from a provider transition and the associated complications that could bring within a short time-period.

Given the above, the relationship between the initial order and the follow-on is logical and meets the interest of economy and efficiency. The Government will benefit by preventing substantial and duplicative costs, saving significant man hours, and ensuring uninterrupted communications capabilities to meet mission needs.

5. DETERMINATION OF THE BEST VALUE:

(b) The contract did establish the prices for the Verizon Service to be fair and reasonable. The Portsmouth Naval Shipyard Contracting Department Contracting Officer will determine, using the procedures in FAR 15.4, that the order represents the best value to meet the Government's needs.

The established original order prices were previously found to be fair and reasonable and are anticipated for this follow-on order.

6. DESCRIPTION OF MARKET RESEARCH: The requiring activity and contracting activity have not conducted market research among the multiple award contractors for this modification for reasons discussed above. It is not in the best interest of the government to transition to a new provider for a single year while awaiting confirmation of the GSA BPA, nor is it reasonable to risk poor or no coverage in difficult to reach locations due to removal and replacement of cellular service infrastructure already built. Verizon Wireless has been an exceptional contractor as identified in the COR's reports under the existing task order, and their previous pricing has been determined fair and reasonable after competition and fair opportunity of the initial task order.

Therefore, no sources other than Verizon Wireless were found capable of providing the required services without incurring unnecessary and excessive costs, duplicating previous efforts, and risking disruptions in essential wireless services.

7. ANY OTHER SUPPORTING FACTS: This procurement uses a MAC and will be solicited and awarded in accordance with FAR Subpart 16.5.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: All future requirements will be handled on a case-by-case basis.

9. CONTRACTING OFFICE POINT OF CONTACT: The point of contact is:

Contracting Office: PNSY (N39040) Code 410.1 Name: Brian Lee Telephone Number: 207-690-1527 E-Mail Address: brian.c.lee2.civ@us.navy.mil

10. TECHNICAL OR REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance which are included in this justification, which form a basis for this justification, are complete and accurate.

11. CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief. I have reviewed the content of this memo and determined that it adequately supports the cited Fair Opportunity Exception as required in FAR 16.505(b)(2).

12. LEGAL SUFFICIENCY APPROVAL:

I have reviewed the content of this memo and determined that it adequately supports the cited Fair Opportunity Exception as required in FAR 16.505(b)(2).