Redacted Justification - PR LEC_- Final.pdf

Control Number: VA-22-00007191

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed sole source action is for award of a firm-fixed price (FFP) contract to WorldNet Telecommunications, LLC (WorldNet) located at 90 Carretera 165, Suite 201-202, Guaynabo, Puerto Rico, 00968-8059 for continued Local Exchange Carrier (LEC) Telecommunications voice and data services.

3. Description of Supplies or Services: The proposed action is for the Department of Veterans Affairs (VA) Office of Information and Technology (OI&T), Development Security and Operations (DSO), Solution Deliver (SD) Telecommunications Provisioning Office (TPO) for the continuation of LEC Telecommunications voice and data services for sites located in Puerto Rico as well as St. Croix and St. Thomas of the U.S. Virgin Islands. These sites include VA Medical Centers (VAMC), Veteran Outreach Centers, Community Based Outpatient Clinics (CBOCs), National Cemeteries, Veterans Benefits Offices and other VA facilities within that geographic area. The LEC services required under this proposed action are Plain Old Telephone Service (POTS)/Business Line (B1), Integrated Services Digital Network (ISDN) Primary Rate Interfaces (PRI’s), Direct Inward Dialing (DID), PBX Trunks, Ring Down lines, Voice DS-1 circuits, Point-to-Point private line DS-1, and Metro Ethernet 10mbps-1000mbps. The features include Call Forwarding, Call Waiting, Voice mail, Caller ID on PRI and POTS, Call Blocking, Hunting/Rollover, Caller Redirect Service, Third Parting Billing block, Call return blocking, Repeat dial blocking, and E-911/PS-ALI (if requested). The period of performance is a 12-month base period commencing on October 1, 2021 with two, 12-month option periods, if exercised.

4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Rationale Supporting Use of Authority Cited Above: Based on Market Research conducted, as outlined in section 8 of this Justification, it has been determined that only the incumbent contractor, WorldNet can provide all the required LEC Telecommunications voice and data services listed above and within the Government’s required timeframe and meet all the technical requirements.

WorldNet is presently providing the existing wired and Point to Point Ethernet data connections to the aforementioned VA facilities. The current infrastructure in place that provides these LEC services to the VA locations is wholly owned by and

LEC Telecommunications Services – Puerto Rico Control Number: VA-22-00007191 proprietary to WorldNet. As such, in order to provide the required services, a vendor would either have to enter into contract with Worldnet for it to resell these services or it would need to design and implement its own infrastructure. Both of these avenues, however, increase risk to the Government. Specifically, should a vendor enter a subcontractor arrangement with WorldNet, this would alter who the customer of record is for the requirements. This is an unacceptable arrangement as WorldNet would serve as a sub-contractor which would make VA a secondary (non primary) user for these services when it comes to reporting troubles. It is a VA requirement that VA be the noted as the primary user in order to maintain surveillance and control of issues that may arise during performance, as well as provide priority to the Agency, in the event of connectivity issues. This is a critical VA requirement.

Alternatively, having another vendor completely redesign, cable, test and cutover with a new infrastructure would cause an unacceptable delay to the immediate requirement. VA estimates that for another provider to develop the capability to meet VA’s needs would take approximately a minimum of one year to complete due to geographic disparities across not only Puerto Rico, but also the multiple connected islands for this effort. Additionally, given the severity of weather conditions for part of the year, specifically the Hurricane season, work would potentially be further hindered and delayed. This delay of at least a year is unacceptable as VA would be without service during that time. As such, VA would have to maintain the existing infrastructure as these critical services cannot be shut off during the transition, therefore, only the incumbent can meet this immediate requirement to provide uninterrupted service commencing on October 1, 2021.

Further, WorldNet is the only source that can meet all the technical requirements.

For instance, with respect to services such as POTS service, the existing connection is hardwired and internet connectivity cannot be used as an alternative solution. VA requires that POTS service be bi-directional, single pair, 600 ohms circuit with call progress tones such as dial tone, ring back tone, and capable of dual tone multi-frequency (DTMF) dialing. VA cannot accept an alternate solution for the POTS requirement as it has a requirement that there be “dial tone”. In the event that internet service or power is out at the facility, if utilizing an alternative or internet based solution, VA would be unable to make or receive calls, which would have direct effect on patient care. Additionally, the facilities are currently not capable of changing the platform for these services from a hardwired connection to an internet based connection without infrastructure and planning investments. At this time, the VA is not prepared for the necessary infrastructure and equipment changes that would be required for this type of conversion. For instance, this would require rewiring of the internal facilities, replacement of telephonic equipment and potential construction costs. Given the fact that utilization of alternative wiring or services such as POTS emulation, cannot be utilized.

Failure to procure the services as proposed would significantly increase the risk to VA in fulfilling its mission of providing care to the Veteran. Veterans in these remote areas would be cut off from care completely as the Ethernet data services provide

LEC Telecommunications Services – Puerto Rico Control Number: VA-22-00007191 the ability for the Veterans to contact the appointment desk to schedule appointments, and will not allow the VA personal the ability to look up test results, schedule appointments, send and receive emails, and run other applications.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that could provide the seamless service. There is no competition anticipated for this acquisition. Additionally, the proposed action will be synopsized on the Contracting Opportunities Page in accordance with FAR 5.201. Any proposals that are received shall be evaluated.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: VA performed Market Research in September 2021 through review of existing National LEC vendors, such as AT&T Global Services and Lumen Technology, however none of those vendors can provide this immediate requirement. Additionally, VA released a sources sought/request for information (RFI) announcement published on the Contracting Opportunities Page (36C1022Q0006_1) on September 15, 2021. Two responses were received and reviewed by VA and its technical experts. The respondents were the proposed source, WorldNet, and the other was Real Mobile, Inc. Based on this review and analysis, the VA’s subject matter experts determined that only WorldNet can meet all the Government’s requirement as noted in section 5 of this Justification and within the Government’s required timeframe.

9. Other Facts: None.