DG10 - JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY FOR A MULTIPLE AWARD CONTRACT ORDER (MAC) Above the Simplified Acquisition Threshold (SAT) 1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Limited Source Justification. The requiring activity is the Chief Information Officer (CIO), Navy Secretariat, BSO12; the contracting activity is NAVSUP Fleet Logistics Center Norfolk (FLCN), Pentagon Directorate. 2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of 10 U.S.C. 3401 through 3406. This is a limited source action to be awarded as a modification of an existing order, N0018918FZA18, to the large business identified in paragraph 3 below. The placement of a firm, fixed price order is anticipated. 3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is for the procurement of wireless services and device support. It is intended to acquire short-term (one year) wireless communication services and devices while a longer-termed, competitive suite of contracts is awarded for future support. 4. IDENTIFICATION OF THE JUSTIFICATION RATIONALE AND/OR DEMONSTRATION OF CONTRACTORS UNIQUE QUALIFICATIONS: The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding $10,000 issued under a multiple award contract is 10 U.S.C. 3406, as implemented by FAR 16.505(b)(2) and, for orders exceeding $250,000, DFARS 216.505(b)(2). This requirement directly ties into the mission critical need for wireless communication. The existing DON cellular phone task orders were extended for one year while a new suite of contracts is currently being recompeted. Continuing existing service for a one year period allows continued communication support, as well as reducing all administrative costs that would be incurred if this one-year action went through a competitive action. The need for only one year eliminates the governments leverage for discounts if transitioning to a new provider that would normally exist if/when entering into a longer term action consisting of a 12 month base and multiple one year option periods. The pricing with the current provider is inclusive of negotiated discounts established prior to the existing task orders being awarded. These discounts included consideration for a five year period. A one-year extension to this task order maintained the pricing from the final option period. There is no identified benefit to the government in changing the current provider for this short-term period that would offset potential technical issues in transitioning to a new service provider. In this circumstance, Verizon is already at work providing the equipment and wireless services to DON CIO under N0018918FZA18. Based on the above information, the a modification to the existing order must be issued on a sole-source basis in the interest of economy and efficiency as 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. Transition to another service provider for this short period exposes the government to unexpected technical issues, service interruptions (through unknown black-out areas) and the loss of discount leverage. The contracting action that resulted in the desired task order was fully competed, prior to award. No exceptions to full consideration was used. 5. DETERMINATION OF THE BEST VALUE: The contract established pricing for the existing service and devices to be fair and reasonable by the NAVSUP FLCN, Contracting Officer prior to initial award and its one-year extension, utilizing FAR Subpart 15.4 procedural requirements. 6. DESCRIPTION OF MARKET RESEARCH: Market research consisted of a careful analysis of all schedule holders capabilities and review of the current guidance available regarding the Spiral 3 Contracts. In addition, Policy memorandum of September 2018 mandates DoD use Spiral 3 Wireless Services Contracts. There are no other allowable methods of procuring wireless services. Based on the information provided above, no additional market research was not conducted. The requiring activity certifies that the requirement can be met by available commercial services and items, as determined prior to initial awards of the wireless portfolio of task orders. 7. ANY OTHER SUPPORTING FACTS: This procurement uses an existing MAC. The follow-on requirement will be solicited and awarded in accordance with FAR Subpart 16.5. 8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: All future requirements will be handled on a case-by-case basis. 9. CONTRACTING OFFICE POINT OF CONTACT: The point of contact is: Contracting Office: NAVSUP FLCN Pentagon Directorate Name: Alexis Gartner E-Mail Address: alexis.d.gartner.civ@us.navy.mil 10. Note: This form has been signed by the proper individuals including the assigned Contracting Officer and Legal Counsel.