D -- Sole Source Justification Notification - 7TF-07-0012

The General Services Administration (GSA), Federal Technology Service (FTS) intends to award a firm fixed price IDIQ contract on a sole source basis to NEC, located at DFW Airport. Please see the following sole source justification for further explanation.JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (1)Identification of the Agency, Contracting Activity, and Document being approved: J&A Number: 7T4HP06003 Procurement Office: General Services Administration (GSA), Federal Technology Service (FTS) GSA FTS Project: DFW Airport 7TF-07-0012 Estimated Dollar Value: $950,000.00 (2) Nature or Description of the Action: This Justification and Approval authorizes and approves the sole source award of a Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract for local telecommunication services at the Dallas Fort Worth International Airport (DFW) to NEC Unified Solutions, Inc. (NEC). (3) Description of supplies or services required to meet the agency's need: The Transportation Security Administration (TSA) located at DFW Airport currently obtains their local telecommunication services at Terminal D directly from DFW International Airport Board (DFWIAB) due to the non-availability of any GSA FTS telecommunication services contract vehicle for federal customers located within DFW. The proposed procurement action would establish a sole source FFP IDIQ contract with NEC in order to supply the TSA and GSA's other federal customers with local telecom service at the DFW Airport. The proposed contract would provide telecom services similar to those included under other GSA FTS telecom contracts (i.e., MAA, LSA, etc.). The proposed contract will only provide services within the geographical boundaries of the DFW International Airport. (4) Identification of statutory authority permitting other than full and open competition: Statute Cite 41 USC 253(c)(1), FAR Cite 6.302-1, Exception: Only one responsible source and no other supplies or services will satisfy agency requirements. (5) Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires the use of the authority cited: NEC currently operates and maintains DFW's Public Branch Exchange (PBX) under the DFWIAB's Contract Number 7003598 that was awarded by DFWIAB to NEC on July 21, 2004. The contract performance period includes a five (5) year base period and three (3) one (1) year option periods representing a total period of eight (8) years. NEC also manages billing services under the DFWIAB contract. The DFWIAB was created April 15, 1968, by the Cities of Dallas and Fort Worth pursuant to the Texas Municipal Airports Act (now Transportation Code, Chapter 22). The DFWIAB has sole jurisdiction over any and all entities within the geographic boundaries of DFW. TSA and other Federal agencies that have a presence at the DFW airport are there to support their mission of security and of upholding federal laws and regulations. TSA and all other Terminal D federal tenants/lessees currently procure their telecommunications services directly from the DFWIAB in accordance with the terms and conditions of their leases. Terminal D opened on July 23, 2005. A migration of all DFW terminals, business center, and other outlying buildings within DFW to the PBX is currently in process and will eventually require all telecom services to be obtained via the NEC PBX. GSA FTS cannot provide telecommunication services to TSA or other federal customers located at DFW Airport due to the DFWIAB's contract with NEC. Because of the DFWIAB's jurisdiction and authority, they will only allow GSA FTS to contract with NEC, the DFWIAB's sole provider of telecom services at DFW International Airport. Accordingly, the DFWIAB has authorized GSA FTS to establish a contract directly with NEC to supply TSA and other federal customers with value added telecom service at DFW Airport's Terminal D, and eventually all locations (terminals) of DFW served by the PBX. (6) Description of Efforts to Solicit as Many Offers as Practicable or Exception: Description of the efforts made to ensure that offers solicited from as many potential sources as practicable, including whether a FEDBIZOPS notice was or will be publicized as required by FAR 5.2: FEDBIZOPS notice of intent to award a sole source contract was posted on April 14, 2006. (7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable. A complete analysis of all costs will be utilized prior to award. Additionally, DFWIAB's contract with NEC utilized a best value methodology and was competitively awarded under the provisions of the State of Texas Local Government Code Chapter 252, Purchasing and Contracting Authorities of Counties. and was governed by Chapter 252 Subsection C's procedures for competitive sealed proposals. Accordingly, the prices contained within the DFWIAB contract can be used as one basis for a fair and reasonable price determination for the proposed GSA FTS contract. (8) Description of market research conducted and the results or statement of the reason market research was not conducted: Market research included a thorough review of all acquisition alternatives, including the possibility of utilizing NEC's GSA FSS Schedule 70 under a BPA scenario. No other alternative was feasible. NEC's schedule 70 does not support the specific unique requirements required under a local telecom support contract and the DFWIAB precludes any other contractor from directly providing these services. The sole source open market award of a Firm Fixed Price (FFP) IDIQ contract to NEC represents the best solution to fulfill the requirement. (9) Other facts supporting other than full and open competition: Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been available or are not available: No suitable alternatives are available because of the DFWIAB's jurisdiction and authority. DFWIAB will only allow GSA FTS to contract with NEC, the DFWIAB's sole provider of DFWIAB telecom services at DFW International Airport. (10) List of sources that expressed, in writing, an interest in the acquisition: Initial Sources Sought Posted: 4/14/2006. The following contractors responded: Winstar Government Solutions, LLC ClarkTel Communications Corporation SpectraLink Corporation. All three companies listed above are small businesses. Winstar inquired as to whether they could work with NEC and GSA so that their company, the only minority owned national CLEC, could participate in providing service to DFW Airport. ClarkTel was interested in GSA awarding directly to them under the 8(a) Program. SpectraLink Corporation was interested if any consideration had been given to include wireless phone integration with the PBX at DFW airport. All of the inquiries reflected an obvious misunderstanding of the rationale for a sole source contract with NEC as delineated in the FEDBIZOPS announcement. The contracting officer replied to each inquiry, restating what was already explained in the synopsis, and further clarified that the DFWIAB already has a contract with NEC, that the PBX is already in place, and the DFWIAB was only authorizing GSA FTS to establish a contract with NEC for the benefit of federal government customers located within DFW. All three companies replied and acknowledged the explanation. No further inquiries have been submitted. Due to a delay in project milestones, this special notice is being issued via FedBizOpps for notification purposes only. (11) Statement of Actions, if any, the agency may take to remove or overcome any barriers to overcome barriers of competition before any subsequent acquisition for the services or supplies required: Currently, NEC is the only known source capable of meeting the agency's requirement. Because of the DFWIAB's jurisdiction and authority, DFWIAB will only allow GSA FTS to contract with NEC, the DFWIAB's sole provider of telecom services at DFW International Airport. If it is determined at a later date that DFWIAB will permit another source or other sources to provide the required services, the Government will use competitive procedures to the maximum extent practicable. (12) Statement of delivery requirements: Estimated. January 2, 2007 - September 30, 2008 (Base Period) October 1, 2008 - September 30, 2009 (Option 1) October 1, 2009 - September 30, 2010 (Option 2) October 1, 2010 - September 30, 2011 (Option 3) October 1, 2011 - September 30, 2012 (Option 4)