Spiral 3 -Exception to Fair Opporunity Below SAT Pt Loma Redacted.pdf

Updated on 8/19/2021 1 of 2

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY

FOR A MULTIPLE AWARD CONTRACT ORDER (MAC)

>$10,000 but not exceeding the Simplified Acquisition Threshold (SAT)

1. 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 (N3904023F0041) to the 205 mobile devices identified in paragraph 2 below. The placement of a firm, fixed price order is anticipated.

2. Limited to the following source(s).

The proposed acquisition is to extend the current mobile device contract through a sole source action to modify the original Task Order (TO) to Cellco Partnership doing business as Verizon Wireless (Verizon).

It is intended to acquire for Portsmouth Naval Shipyard Point Loma Location (Pt. Loma): 65 Cell Phones, 135 iPhones, and 5 MiFis, with a Period of Performance (POP) of 05/01/2024 to 04/30/2025 from Verizon Wireless for a . Please see Statement of Work (SOW) for more detailed requirements.

3. Identification of the justification rationale.

The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding the micro-purchase issued under a multiple award contract is 10 U.S.C. 2304c, as implemented by FAR 16.505(b)(2). The justification for limiting sources is:

Current Spiral 3 Verizon contract N0024418D0003/N3904018F0063 expires 04/30/2024. The Department of Navy, Wireless Mobility Services, Blanket Purchase Agreements (DON-WMS BPAs), the follow-on vehicle to Spiral 3 will have effective ordering period beginning 05/08/2024, which is after the current contract’s POP end date – 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 Pt. Loma cannot have any lapse in mobile device service. Our Code 410 office requires complete packages to their office six months prior to award, which isn’t achievable with a 05/08/2024 date; again possibly impacting a lapse in service. Such a lapse in coverage could potentially cause loss of communication for critical iterations required for the work of the Portsmouth Naval Shipyard. This could cause safety concerns for workings in remote places on the shipyard in the event of a medical need or injury. The lapse in coverage would also impact the day to day work on the shipyard through lost communication due to the restrictive nature of the devices required.

These devices allow for communication between supervisors and subordinates at all levels of the shipyard, from the people on the waterfront to the Commander of the shipyard.

4. Specific characteristics of the material or service that limit the availability to this source (unique features, function of the item, etc.):

Cell Tower Signal/Service With the current 5-year Spiral 3 contract, testing was done both onsite and offsite for one month to determine best overall service, with Verizon being the best overall. If contract goes out for bid, additional cell signal testing will be required, taking approximately one month.

Device Transition

Updated on 8/19/2021 2 of 2

A new vendor will need to provide all new devices (smartphones, cell phones, and mobile hotspot devices). The contract will need a one-month overlap (paying both vendors) with current contract for cell phones. The contract will need a three-month overlap (paying both vendors) with current contract for smartphones and mobile hotspot devices.

Navy Required Smartphone Software Transition The Navy-required smartphone email software provides digital signature, decryption/encryption, and disables the camera. PNSY Pt. Loma Code 109 has two employees supporting mobile devices. With each iPhone taking approximately 4 hours, each mobile team member will need more tha or 2 months.

Verizon Wireless will extend the 5-year Spiral 3 Annual Credits to a sole-source, one-year contract.

ne-Year Cost for PNSY Pt. Loma.

5. Description of Market Research:

The requiring activity and contracting activity have conducted market research among the multiple award contractors, at the time of award of the IDIQ market research was conducted on cellular service providers.

This task order IDIQ uses the same information of the original contract from the MAC IDIQ. The requiring activity certifies that the requirement can be met by a commercial item and provides supporting documentation which is attached. Market research indicates that wireless services are widely procured in the commercial space using firm-fixed-price commercial service contracts with commercial provisions and clauses. Additionally, the DON Spiral 3 contract has FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items, which flows down to all task orders issued under the DON Spiral 3 Contract. At the time of competition of the contract Market Research also included analysis of the coverage area for all Vendors of the IDIQ. Coverage area tests indicated the current vendor provided the best coverage and service in the Spiral 3 program. These tests were provided by an independent source and ran for approximately one month. This data is taken into consideration for the current TO.

6. Other information to support a limited source buy: This procurement uses a MAC and will be solicited and awarded in accordance with FAR Subpart 16.5.

7. 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.

CONTRACTING OFFICER CONCURRENCE