PM CAS Wireless Services Exception to Fair Opportunity_Redacted.pdf

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY

FOR A MULTIPLE AWARD CONTRACT ORDER (MAC)

Above the Simplified Acquisition Threshold (SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Justification for Exception to Fair Opportunity. The requiring activity is Project Manager Combat Ammunition Systems (PM CAS); the contracting activity is Army Contracting Command-Rock Island (ACC-RI).

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of 10 U.S.C. 2304a through 2304d. This is a limited source action to be awarded as a new task order and/or modification of an existing order to the large business identified in paragraph 3 below. The placement of a firm-fixed-price order is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is to continue wireless mobility services in support of the PM CAS workforce. It is intended to acquire unlimited voice, text, and data service for cellular phones, unlimited data service for MiFis and tablets, and international service. Cellco Partnership, doing business as Verizon Wireless, will provide these services under Navy Spiral (NS) 4 Contract N00244-24-D-0010 Task Order To Be Determined.

Note: PM CAS’ requirement includes Services with Devices under Exhibit Line Item Number (ELIN) B; however, in accordance with paragraph 3.1.1.3 Technology Refresh of NS4 Contract N00244-24-D-0010, PM CAS desires to delay receipt of new devices for end users who have received a new device from Verizon within the last 24 months under NS3 Contract N00244-18-D-0003 Task Order W519TC23F0314.

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 $10,000 issued under a multiple award contract is 10 U.S.C. 2304c, as implemented by Federal Acquisition Regulation (FAR) 16.505(b)(2). Defense Federal Acquisition Regulation Supplement 216.505(b)(2) does not apply as this is not a follow-on. The justification for exception to fair opportunity is 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.

PM CAS, located at Picatinny Arsenal, NJ, requires high quality and constantly reliable wireless mobility services to satisfy daily mission responsibilities. Verizon has historically provided and is currently providing the high quality services needed to avoid interrupted coverage.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

Due to this arrangement, Verizon’s unique mobility services still prevail when considering each of those small businesses as well.

Verizon’s superior quality level of its wireless mobility services is critical for PM CAS. As part of its mission, PM CAS develops, produces, and equips Soldiers and Marines with conventional artillery and mortar ammunition, precision ammunition, mortar weapons, and mortar fire control systems. Under the Single Manager for Conventional Ammunition responsibilities, PM CAS also procures ammunition for U.S. Marine Corps, U.S. Air Force, U.S. Special Operations Command, and our allies

The consistency and ease of communication to these partners is essential in PM CAS’ and the Department of Defense’s (DoD) mission.

5. DETERMINATION OF THE BEST VALUE:

the ACC-RI

Contracting Officer will determine, using the procedures in FAR 15.4, that the order represents the best value to meet the Government's needs.

6. DESCRIPTION OF MARKET RESEARCH: On 24 May 2024, the DoD Chief Information Officer signed into effect a DoD Unclassified Wireless Mobile Services and Devices Spiral 4 policy. This policy requires all DoD components to procure unclassified wireless mobile services and devices for use within the 50 United States and U.S. territories through a single department-wide contract vehicle called Spiral 4 managed by the Department of the Navy’s Wireless Mobility Program Office. All DoD components will use the Wireless Services Spiral 4 Indefinite-Delivery, Indefinite Quantity (IDIQ) Multiple Award Contracts (MAC) with firm-fixed-price Task Orders for new purchases of commercial wireless mobility requirements.

In accordance with FAR 10.001(a)(2)(v), market research should be conducted before awarding a task or delivery order under an IDIQ contract (e.g., GWACs, MACs) for other than a commercial product or commercial service in excess of the simplified acquisition threshold.

The wireless services being acquired for this effort is within scope and shall be satisfied utilizing the Spiral 4 IDIQ MAC. Based on FAR 10.001(a)(2)(v), market research is not required to be conducted on the Spiral 4 Task Order requirements since the requirements are commercial.

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: ACC-RI Name: Lisa M. Digney