Spiral 4-Exception to Fair Opportunity Below SAT_Redacted.pdf

Control Number: 24-23

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1. Nature/Description of Contract Action. The proposed acquisition is to provide continuous wireless communications through the incumbent’s wireless infrastructure. The immediate action is for smartphones and Hotspot/Data Cards with international capabilities. The service or material listed on the

Spiral 4 ELIN excel document is a sole-source action to be awarded as a new task order to the incumbent identified in paragraph (2) below. The placement of a firm, fixed price order is anticipated.

2. Limited to the following source(s). The estimated value for this order is $98,538.56 with T-Mobile with a Period of Performance of one (1) year.

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. 3406(c)(3), as implemented by FAR 16.505(b)(2)(c). The justification for limiting sources is: The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

T-Mobile is currently providing wireless services to the 8th Theater Sustainment Command under task order W912CN-23-F-0153 with an ending period of performance of 06 AUG 2024. This order was previously competed under the fair opportunity processes described at FAR 16.505. Three offers were received in response to the solicitation (see PCF W912CN-23-F-0153).

As of 30 September 2023, the Army’s Network Enterprise Technology Command (NETCOM) has discontinued support given to requiring activities for wireless services (see Command Message 2023-

15). NETCOM was previously providing “wireless customers with validation of wireless requirements as well as technical and cost analysis of vendor offerings before submission to the mission installation contracting command or local contracting office.” This change created multiple issues including management of the portfolio of wireless contracts, NETCOM no longer provides validation of wireless requirements and vetting/support of requirements packages, and an unfamiliarity with the required lead time associated with placing competitive orders.

The DoD CIO Memo - Policy memorandum of 23 May 2024 stipulates that Spiral contracts are mandated to be utilized for DoD procurement of wireless mobile services and devices. The NAVSUP

Spiral 4 contracts were issued on 8 May 2024; however, the memorandum requiring their use, was issued

15 days late. Additionally, training on how to utilize the new contract was not provided until 05 June

2024 and 06 June 2024. The requiring activities have been rapidly trying to put their requirements packages together including the newly issued NAVSUP templates (Price calculator, Device listing, ELIN spreadsheet, Mandatory Requiring Activity Template [MRAT], COR nomination and documents, etc.)

without support from NETCOM. As articulated above, this represents a significant cultural shift aligned to wireless order placement. This change of procedures and multiple delays in placement of the NAVSUP

Spiral 4 contract solution has put requiring activities behind on constructing long-term requirements packages. The current task order ends on 06 AUG 2024; therefore, competing this requirement will cause a disruption of the current services. Without the wireless devices, mission leaders will be unable to effectively communicate with mission partners and subordinates. Additionally, in the pacific theater, international use is critical for numerous units as they conduct rehearsals and operations in austere environments.

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY

FOR A MULTIPLE AWARD CONTRACT ORDER (MAC)

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

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Per the instructions provided in the Spiral 4 ordering guide, the procurement time for this action takes approximately 90 days. The 90-day lead time is a goal, rather than a mandate; however, with the time remaining until order expiration, it will not afford adequate time to receive a full acquisition package, issue an RFQ, evaluate quotes, award, and provide the new awardee time to prepare inventory lists and delivery of phones. Due to the delayed issuance of the Spiral 4 contract, RA learning curve, and required time to put a competitive order in place, this action is being executed as a logical follow-on action. This is considered appropriate since the phones and numbers already have connected services through a wireless provider on the mandatory NAVSUP Wireless contract. This action is being placed on a short-term basis via the new Spiral 4 contract to afford the command and contracts office to place a competitive order.

4. Specific characteristics of the material or service that limit the availability to this/these source(s).

Describe in detail why only this/these suggested source(s) can furnish the requirements to the exclusion of other sources.

This procurement is for one hundred-fifteen (115) smartphones and fifty-five (55) hotspot/data card devices with international capabilities. T-mobile is uniquely situated as the awardee from competitive task order number W912CN-23-F-0153. The devices are currently in the hands of users which will facilitate a seamless transition to the new order under Spiral 4 (no new devices will have to be issued; nor will phone numbers be altered). AT&T has been successfully providing services since FY20 without any issues noted.

5. Provide a description of the market research conducted among schedule holders and the results OR a statement of the reason market research was not conducted.

Market research was conducted among the mandatory use Spiral 4 contract vehicle. All schedule holders list pricing was reviewed utilizing the Spiral 4 Price Calculator.

6. Other information to support a limited source buy:

The time afforded by placement of this order will afford a subsequent order to be competed among all Spiral 4 participants via the Fair Opportunity process. The contracting officer considered the use of the Government Purchase Card for a few months to afford time necessary to place a competitive order; however, due to the international use, the use of the GPC is prohibited (see ordering guide).

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.

Printed Name:

Signature:

Title: Date: 8/1/24

CONTRACTING OFFICER CONCURRENCE

Printed Name: Signature:

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Title: Date: