Spiral 4 JEFO (FirstNet).pdf

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: 925th Contracting Battalion, Fort Drum, New York, deployed in support of Joint Task Force Southern Border (JTF-SB) mission with contracting oversight from Field Directorate Office-Fort Sam Houston, Fort Sam Houston, Texas.

2. Description of Action: JTF-SB requests a firm-fixed-price task order for FirstNet wireless communication services with AT&T under the Department of the Navy (DON) Spiral 4 Wireless Services multiple award contracts. The type of funds to be used is Operation and Maintenance, Army (OMA). An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Performance Period:

Base Year: 16 JUL 2025 to 15 JUL 2026 Value: $422,063.00 OY 1: 16 JUL 2026 to 15 JUL 2027 Value: $397,992.00 OY 2: 16 JUL 2027 to 15 JUL 2028 Value: $397,992.00 OY 3: 16 JUL 2028 to 15 JUL 2029 Value: $397,992.00

Total Value: $1,616,039.00

3. Description of Supplies/Services: The required service includes cellular and wireless communications equipped with FirstNet capabilities to ensure commanders and staff have access to secure voice and data communication while on the move across the JTF-SB JOA.

4. Authority Cited: 10 U.S.C. 3406(c)(2) as implemented by 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.

5. Reason for Authority Cited: Under the DON Spiral 4 multiple award IDIQ, only AT&T offers FirstNet service, a critical communications requirement for military operations conducted by JTF-SB.

a. Background: FirstNet is a government-mandated first responder network ensuring priority communication capabilities during emergencies. The Spiral 4 IDIQ contract specifies that FirstNet services may be sole sourced to AT&T, according to the FirstNet All Navy Message R121659Z FEB 19.

b. Alternatives: FirstNet has demonstrated unparalleled capabilities for command-and-control operations along the border while enhancing the security of JTF-SB personnel. Several Spiral 4 cellular carriers have reduced or no capabilities to provide the same level of service for a highly mobile force placed in precarious positions. Other carriers, including Verizon, do not operate along the Southern Border in Texas. AT&T and T-Mobile are the only carriers with demonstrated reliability along the entire length of the United States border with Mexico. T-Mobile does not provide guaranteed uninterrupted service and situational awareness tools that can track personnel, assets, and incidents in real-time whereas AT&T’s FirstNet service can.

c. AT&T is exclusively authorized to provide FirstNet services. This is because FirstNet was created through a public-private partnership between AT&T and the First Responder Network Authority, which is an independent authority within the U.S.

Department of Commerce.

d. FirstNet operates on AT&T's network infrastructure and includes access to Band 14, a dedicated spectrum that provides priority communications for first responders. The service gives first responders prioritized connectivity that never competes with commercial traffic, ensuring they can communicate during emergencies.

e. Specialized Tools: FirstNet gives JTF-SB the flexibility to acquire deployable assets like portable cell towers and satellite trucks to maintain connectivity if the need arises due to the high mobility of JTF-SB forces.

f. Impact if justification is not approved. If this justification isn’t approved, JTF-SB risks losing access to FirstNet’s secure, prioritized communications critical for coordinating mobile operations and ensuring personnel safety. Using commercial networks could result in unreliable service during emergencies, hinder interoperability with agencies like Customs and Border Patrol, and violate compliance with Spiral 4 contract guidance. Ultimately, it could delay mission execution, compromise security, and reduce operational readiness.

6. Efforts to Obtain Competition: The Government conducted market research to ensure fair opportunity, including the review of seven IDIQ holders under the Spiral 4 contract for capability and pricing.

a. Effective competition. Since only AT&T can provide FirstNet services, competition among multiple vendors is not feasible for this requirement.

b. Subcontracting competition. AT&T, as the sole provider of FirstNet capabilities, is expected to maximize subcontracting opportunities for non-FirstNet services (e.g., device procurement and maintenance).

7. Actions to Increase Competition: The Government will periodically check the FirstNet.gov website for updates, however market research has validated that AT&T has a 25-year exclusive agreement with the Department of Commerce to provide FirstNet wireless services in the United States. Ensuring price reasonableness through market research and historical contract analysis.

FirstNet for JTF-SB’s cellular service requirement ensures effective and compatible communication with the Customs and Border Patrol.

The preemption and priority with unlimited bandwidth provided by FirstNet significantly enhances a more reliable means of protecting soldiers in danger of isolation. These requirements are significant, and FirstNet is the only entity that can provide unthrottled service.

FirstNet ensures secure and uninterrupted communication for JTF-SB mission-critical operations. Without FirstNet capabilities, commanders and operational staff could experience service outages impacting military readiness.

As per ALARACT 015-2019, Army activities must use the Spiral 4 IDIQ contract, making competition not viable for FirstNet-related services.