_Redacted_Exception to Fair Opportunity Template_Sole Source_Over SAT_Part 16.505.pdf

J&A Number: 0232-20-247-00 Code: 0232 P.R. Number: 20-K N-072

SOLE SOURCE JUSTIFICATION FOR

AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Philadelphia Division (NSWCPD), Code 0221.

2. Description of Action Being Approved

The resultant action will be a firm-fixed-price order on a sole source basis to CELLCO, D.B.A.

Verizon Wireless. The order will be placed under multiple award contract (MAC) holder number N0024418D0003-N6449819F4006.

3. Description of the Supplies or Services

The procurement is to provide additional Cellular Devices (iPhones and iPads) to employees at NSWCPD per the request of the Leadership Team in response to the COVID-19 pandemic.

The total increase is $897,574, with a mix of added material and services. Please note, tax only applies to the starred (*) items:

End of Option Period 1 (Present to 08 October 2020) Description Qty Unit

Cost Months Total iPhone XR 200 n/a iPad Air 10.5 20 n/a *Unlimited Data--w/unlimited Voice & Text (w/Network approved smartphone 1-GEN behind current market offering)

200 6

*Unlimited Data Only (w/Network approved Data Card or Internet Device)

20 6

International Voice/Text 1 6 International Long distance 1 6 *6% Tax

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

IN REPLY REFER TO:

Credits Total $89,781

Option Period 2 (09 October 2020 – 08 October 2021) Description Qty Unit

Cost Months Total iPhone 8 150 n/a iPad Air 10.5 50 n/a *Unlimited Data--w/unlimited Voice & Text (w/Network approved smartphone 1-GEN behind current market offering)

350 12

*Unlimited Data Only (w/Network approved Data Card or Internet Device)

70 12

International Voice/Text 1 12 International Long distance 1 12 *6% Tax Credits Total $193,376

Option Period 3 (09 October 2021 – 08 October 2022) Description Qty Unit

Cost Months Total iPhone 7 150 n/a iPad Air 10.5 30 n/a *Unlimited Data--w/unlimited Voice & Text (w/Network approved smartphone 1-GEN behind current market offering)

500 12

*Unlimited Data Only (w/Network approved Data Card or Internet Device)

100 12

International Voice/Text 1 12 International Long distance 1 12 *6% Tax Credits Total $236,296

Option Period 4 (09 October 2022 – 08 October 2023) Description Qty Unit

Cost Months Total iPhone 7 100 n/a iPad Air 10.5 0 n/a *Unlimited Data--w/unlimited Voice & Text (w/Network approved smartphone 1-GEN behind current market offering)

600 12

*Unlimited Data Only (w/Network approved Data Card or Internet Device)

100 12

International Voice/Text 1 12 International Long distance 1 12 *6% Tax Credits Total $252,079

Six-Month Option Period (09 October 2023 – 07 April 2024)

Description Qty Unit Cost

Months Total iPhone 7 0 n/a iPad Air 10.5 0 n/a *Unlimited Data--w/unlimited Voice & Text (w/Network approved smartphone 1-GEN behind current market offering)

600 6

*Unlimited Data Only (w/Network approved Data Card or Internet Device)

100 6

International Voice/Text 1 6 International Long distance 1 6 *6% Tax Credits Total $126,039

4. Identification of the Exception to Fair Opportunity

The exception to fair opportunity is implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505(b)(2)(i)(A), " The agency need for services is of such urgency that providing fair opportunity would result in unacceptable delays.”

Per ASN RDA memo dated 31 March 2020 titled “Guidance for Providing Support During the National Emergency”, given our current National Emergency declared by the President of the United States, it is critical to leverage all technical and support capabilities within the Department of the Navy (DON) in support of the COVID-19 response. Due to the above mentioned Pandemic, NSWCPD needs the ability to procure additional IPhones and IPads from our current vendor immediately to meet mission critical needs for our Fleet. The urgent need for additional IPhones and IPads is to support those employees who are teleworking during this pandemic so they can contact international employees and external stakeholders managing mission critical fleet activities. The additional devices are also needed to allow critical employees who are currently working in networked labs to telework in order to avoid health and safety risks. If these employees are not provided these devices it could cause them to use their personal devices to conduct government business creating several security and Information Assurance violations.

The current wireless contract was awarded to Verizon, under a MAC competition, and provides all cellular services to NSWCPD through Year 2024. The time it would take to compete the additional devices would be approximately 4 months and given supplies are already limited, this time would grow in order to obtain the devices causing delays in operation capability and support. If award was made to a different vendor other than Verizon there would also be additional costs to setup the devices. NSWCPD would have to work with another vendor to start the deployment of phones. Porting numbers across multiple vendors, and given a device breaks, will also cause delays with the mission to support the Fleet. Waiving the fair opportunity would allow NSWCPD to receive the needed equipment immediately.

The current schedule does not allow for enough time for the competition considering the COVID-19 pandemic is taking place currently. Adding the much needed devices to the current Verizon contract is in the best interest of the government because it will meet the critical demands that NSWCPD is facing due to the above mentioned pandemic. Thus, the agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

5. Determination of Fair and Reasonable Cost

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. Significant quantities of this requirement have been purchased from this Offeror in the past and pricing information was received on those past procurements. This information should be sufficient to support the fair and reasonable cost determination of this procurement

6. Any Other Facts Supporting the Justification.

Continuous market research will be conducted to identify other systems and components that are compatible with the existing equipment. Other commercial items were identified as possible alternatives, but will not be applicable to this effort due to time restrictions and the need to support the COVID-19 pandemic immediately.

7. Actions Taken to Remove or Overcome Barriers that Led to the Exception to Fair Opportunity.

The Wireless Contract specifies the materials required to be used in order to meet the needs of NSWCPD. A best effort will be made to increase the available vendor models to enhance competition for future requirements. Equipment from other manufacturers will be evaluated to determine whether they can be added.

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

I certify that the facts and representations under my cognizance, that 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.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW

I have determined that 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.

APPROVAL BLOCK – (FAR 16.505(b)(2)(ii)(B)(10) for Approving Official):

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) using an exception to fair opportunity, pursuant to the authority of 10 U.S.C. 2304(c)(2).

CHIEF OF THE CONTRACTING OFFICE

Signature Karen Gutmaker Date Chief of the Contracting Office (Code 02)