Sole Source Cell Services Final_Redacted.pdf

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CUI//SP-SSEL

JUSTIFICATION REVIEW DOCUMENT

NATIONAL GUARD BUREAU

111 South George Mason Drive Arlington, VA 22204-1373

1. OVERVIEW

a. Program/Equipment Name b. Estimated Price

130th AW Cell Services

c. Authority 10 U.S.C. 3406(c)(5) as implemented in 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.

d. Technical Representative Name Title Email Phone Date

e. Contracting Officer

Requirements Representative (If different from Technical Representative.)

Prepared by (If different from Contracting Officer.)

2. REVIEWS

I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager (If applicable.)

Program Executive Officer (When item is Program Executive Officer managed.)

Controlled by: National Guard Bureau

Controlled by: Local Office

CUI Category: SOURCE SELECTION Limited Dissemination Control: FEDCON

POC:

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Justification for an Exception to Fair Opportunity Guidance

Local Control Number NGB Control Number (if applicable)

1a. CONTRACTING ACTIVITY b. Requiring Activity c. POC 130th MSG/MSC

2a. NATURE OF ACTION Sole source; Individual Basis

b. Contract Action New Contract

c. Contract Type Firm Fixed Price

d. Fund Type O&M, Air

3a. ESTIMATED PRICE

4a. Name of Requirement 130th AW Cell Services

b. Description of Requirement Cell Phone FirstNet services via Spiral 4 base wide

c. Demonstrate, in Detail, Why This Specific Item or Service, is the Only One That Meets Your Requirements The Government requires a secure, resilient, and mission-ready communications solution capable of operating in geographically remote and bandwidth-constrained environments, including mountainous regions such as those found throughout West Virginia. The solution must support mobile data connectivity with priority access, preemption capabilities, and end-to-end encryption to minimize exposure of Controlled Unclassified Information (CUI) during transmission. FirstNet, operated exclusively by AT&T under the Nationwide Public Safety Broadband Network (NPSBN) contract, is the only communications service that meets all of these requirements. FirstNet was established by the First Responder Network Authority and awarded through full and open competition to AT&T, resulting in a single-source provider. No other commercial carrier offers the combination of features mandated by FirstNet, including:Priority and Preemption: Ensures that authorized users have uninterrupted access to the network even during hightraffic emergencies. Dedicated Core Network: Segregates public safety traffic from commercial traffic, enhancing security and reliability.

Enhanced Coverage: Specifically engineered to provide service in rural, remote, and hard-to-reach areas—including the mountainous terrain of West Virginia— where traditional networks often fail. Security and Compliance: Meets federal cybersecurity standards and supports secure transmission of sensitive data, including CUI. Authorized Access: Only eligible federal agencies and personnel are permitted to procure and use FirstNet services, ensuring controlled deployment and usage. Alternative commercial networks lack the dedicated infrastructure, security protocols, and public safety prioritization required for this mission-critical application. Furthermore, technical data packages or specifications suitable for full and open competition were not developed because the requirement is inherently tied to the unique capabilities of the FirstNet network, which is not replicable by any other provider.

5a. HAS THIS BEEN PREVIOUSLY PROCURED?

Yes, details are below. No.✔

6a. AUTHORITY CITED 10 U.S.C. 3406(c)(5) as implemented in 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.

b. Reason for Authority Cited ⋯

The Government requires a highly reliable, secure, and resilient mobile communication capability to ensure uninterrupted connectivity in geographically challenging and bandwidth‑constrained environments. This need is especially critical in mission areas such as West Virginia, where mountainous terrain and remote operating locations significantly degrade conventional commercial network coverage. To mitigate the risk of communication loss and maintain operational continuity, the Government must procure mobile devices and services that provide robust, prioritized, and secure data connectivity. To further reduce the exposure of Controlled Unclassified Information (CUI), the Government requires a solution that leverages a network infrastructure purpose‑built for public safety and authorized federal mission partners. After extensive market research and evaluation, the Government has determined that the First Responder Network Authority (FirstNet), operated by AT&T, is uniquely capable of meeting these requirements.FirstNet is the only nationwide, interoperable broadband network dedicated to public safety and authorized federal users. The Nationwide Public Safety Broadband Network (NPSBN) contract was awarded to AT&T through full and open competition, resulting in a single‑source provider for FirstNet services. This award grants AT&T exclusive rights to deliver FirstNet capabilities, including:Priority and preemption featuresEnhanced security protections Coverage and performance tailored to public safety and federal mission needsIn accordance with FAR 16.505(b) (2)(i)(B), this acquisition qualifies for an exception to fair opportunity because only one awardee—AT&T—is capable of providing the required services at the necessary level of quality. The services are unique, highly specialized, and intrinsically tied to the FirstNet network, which no other contractor is authorized or technically able to provide.This justification is further supported by the Department of the Navy’s ALLNAV message R121659Z FEB 19, which authorizes eligible federal users to procure FirstNet services. Because the requirement is inseparable from the exclusive capabilities of the FirstNet network, no technical data package, specification, or statement of work suitable for full and open competition could be developed. The Government requires prioritized communications to ensure continuity during events that may degrade bandwidth availability.

Additionally, the Government requires mobile devices with data capability that minimize CUI exposure by operating on the most reliable network available in its collllllon operating areas. FirstNet is the only solution that satisfies these requirements. This acquisition will suppo1t authorized federal personnel operating across all 50 states, U.S. ten-itories, and during intemational travel. Only autho1-ized users may procure FirstNet services, and the NPSBN contract-awarded through full and open competition-resulted in a single award to AT&T. Therefore, orders for FirstNet services may be placed with AT&T under the Exception to Fair Oppo1tunity, referencing the FirstNet ALLNAV message as justification.The statuto1y autho1-ity pennitting this exception is 10 U.S.C. 2304c, as implemented by FAR 16.505(b)(2)(i)(B), which allows for directed orders when only one awardee is capable of providing the required supplies or services at the necessaiy level of quality due to their unique or highly specialized nattu·e.

7. POSTING REQUIREMENTS

None.

8. CONTRACTING REQUIREMENTS

a. Effo1ts to Obtain Competition -:.

Due to the mandate requu-ing the use of this specific contract, an Intent to Sole Source will be posted for 7 days. No other actions to increase competition were taken, as proctu·ement is resti-icted to this vehicle.

b. Actions to Increase Competition � A Intent to Sole Source will be posted for 7 days to overcome the competition ban-ier

c. Market Research Market research was conducted by surveying the following Intemet sources; Google, GSA, UNICOR, AbilityOne, SAM.gov, and the SBA Website.

Market research provided that neither UNICOR nor AbilityOne can provide this type of service. Historical acquisitions were reviewed for sunilai· services provided to the govemment. Additional research was conduct within in the Spiral 4 wireless service multiple awai·d conti·act (MAC) for Fu·stN et Services. This reseai·ch established that AT & T is the autho1-ized provided for FirstNet Services, which is mandato1y for the Depa1tment of Defense. A Notice of Intent to Award a Sole Source Contract was published on SAM.gov for a duration of 7 days, providing all interested pa1ties with an opportunity to review and submit theu· capabilities

d. Interested Sotu·ces To date, no other sources have written to express an interest in this requu·ement.

e. Other Facts

NIA

9. REQUIRING ACTMTY CERTIFICATION

Technical and Requu·ements I ce1tify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

11. APPROVAL

Conti·acting Officer (KO)

1. I hereby detemiine that the anticipated cost to the govemment for this contract action will be Fair and Reasonable.

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

12. REDACTION INSTRUCTIONS

After completion and signattu·es, pi-int to PDF. TI1en redact items such as, but not !united to:

1. Dollar amotuits.

2. Naines.

3. Signatures.

4. Proprietaiy u1fonnation.

FAR 5.401, FAR 24.1, and FAR 24.2

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