Exception to Fair Opportunity Determination and Findings FAR 16.505(b)(2) General Services Administration Federal Acquisition Service Southeast Sunbelt Region - 1. Requiring and Contracting Activity a. Requiring Activity: b. Contracting Activity General Services Administration Federal Acquisition Service Assisted Acquisition Services Division 401 West Peachtree St., NW, Suite 2700 Atlanta, GA 30308 c. Contracting Officer: Donna Rounds d. Task ID: 4QBD21113604 e. Estimated Value of This Action: $4,700,000.00 f. Contract Vehicle: GWAC CONNECTIONS, Category 3 GS00T03AHD0003 - 2. Findings Description of Supplies or Services: .....) is responsible for managing an overall upgrade of the communications infrastructure at ... This upgrade will result in Information Technologies (IT) communications to all buildings and Gigabit-Ethernet communications to primary/key buildings consistent with the Joint Technical Architecture-.... Approximately one hundred seventy-five (175) buildings on .... have been internally wired to provide the upgrade connectivity with the combination of fiber and copper cable. The primary objective of this task order is to provide turn-key project upgrades and other related telecommunications services, equipment and material that will result in an integrated solution that provides Information Technologies (IT) communications to all buildings and Gigabit-Ethernet communications to primary/key buildings consistent with the Joint Technical Architecture-.... Exception to Fair Opportunity: FAR 16.505(b)(2) states, "The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $3,000 unless one of the following statutory exceptions applies: (i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. (ii) 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. (iii) 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. (iv) It is necessary to place an order to satisfy a minimum guarantee." Additionally, FAR 16.505(b)(5) states, "The contract file shall also identify the basis for using an exception to the fair opportunity process. If the agency uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value)." The selected exception to fair opportunity applies to this action: _____ (i) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. _____ (ii) 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. __X___ (iii) 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. _____ (iv) It is necessary to place an order to satisfy a minimum guarantee." Justification Rationale: The ... has tasked their in-house contracting shop to conduct the recompete solicitation for this project requirement. The solicitation process has started, however due to unforeseen circumstances the evaluation and award process is not expected to occur until the first quarter of CY 2012. A six-month bridge task is necessary to provide continued critical support to .... This six-month bridge task will provide the client in-house contracting shop adequate time to complete proper acquisition planning, solicit, compete and award a new contract/order. This estimate is based on award time and a one-month transition time for the successful offeror under the new contract. ... is a service agency driven by critical time lines of tenants and technology refreshes and implementations. The project level of support is a critical need in order to complete the management and completion of overall upgrade of the communications infrastructure by the critical time schedules of the ..., ... relocations, and other tenant mandatory schedules. The incumbent contractor ... has performed these requirements for the past five and a half years and has in-depth knowledge and experience meeting ... unique requirements and time lines. Lines of communications, processes, and knowledge of ... topology maps are already in place forming a highly functioning client/contractor team. As a matter of practicality disruption of the critical timelines to re-establish a new client/contractor team for only a six-month period would not be cost or schedule effective. 3. Determination Based on the above facts, it is Contracting Officer's determination that the above referenced exception to fair opportunity is required and in the Government's best interest to fulfilled the required acquisition. 4. Signatures: Requesting Activity: I certify that the supporting data under my cognizance which form the basis for this D&F are accurate and complete to the best of my knowledge and belief.
