Inactive

Federal Communications Commission Enterprise Acquisition Center EXCEPTION TO FAIR OPPORTUNITY IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 16.505(b)(2)(ii)(B) Supply Chain Reimbursement Pro... Federal Communications Commission Enterprise Acquisition Center EXCEPTION TO FAIR OPPORTUNITY IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 16.505(b)(2)(ii)(B) Supply Chain Reimbursement Program Administration 1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for an Exception to Fair Opportunity.” This justification was prepared in accordance with FAR 16.505 by the Federal Communications Commission (FCC), Headquarters (HQ), Office of the Managing Director (OMD), Enterprise Acquisition Center (EAC) located at 45 L Street NE, Washington, DC 20554. The managing program is the Office of the Managing Director (OMD). 2. Nature and/or description of the action being approved. The purpose of this requirement is to award a contract for a logical follow on to Task Order 273FCC21F0121 for the Supply Chain Reimbursement Program. The proposed action involves the delivery of professional services, including program management, to assist the FCC in administering the Secure and Trusted Communications Networks Reimbursement Program (“Reimbursement Program” or “Program”) and processing reimbursement claims. Among other tasks, the contract will perform the following program areas related to the Reimbursement Program: strategic planning and outreach; processing payment requests; communications and outreach; data management, analytics, and reporting; program compliance; and program management. This work is necessary to continue to execute the Reimbursement Program, described in more detail below. Because of the unique nature of the work involved to administer this program created pursuant to the Secure Networks Act, the FCC has concluded it is appropriate to continue with the existing contractor of these services, which has developed the particular expertise required to administer this program efficiently and effectively. It is not likely that a new contractor would be able to ramp up and gain the expertise to be able to perform the requirements under the timeframes required. The Period of Performance for the new contract will be a Base Period from 5/3/2024-5/2/2025 and add two additional 1-year option periods 5/3/2025 -5/2/2026, and 5/3/2026 - 05/02/27. 3. A description of the supplies or services required to meet the agency’s needs (including the estimated value. The Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act) directed the FCC to establish the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program) to fund the removal, replacement, and disposal of covered communications equipment or services that pose an unacceptable risk to the national security of the United States or the security and safety of U.S. persons from the networks of providers of advanced communications service. Specifically, recipients of Reimbursement Program funds may use these funds to (1) permanently remove covered communications equipment and services from their networks, (2) replace the covered communications equipment and services with non-covered equipment or services, and (3) dispose of the covered communications equipment and services in accordance with the Secure Networks Act. To access available funds, Reimbursement Program participants must file applications based on cost estimates for the costs for the removal, replacement, and disposal of covered communications equipment or services. On December 27, 2020, the President signed into law the Consolidated Appropriations Act, which, among other things, appropriated $1.9 billion to carry out the Reimbursement Program The Commission contracted with a third party to serve as Reimbursement Program Administrator (Administrator), who is tasked with assisting the FCC by reviewing and providing recommendations as to whether, among other things, applications submitted for reimbursement are complete, whether the applicants are eligible to participate in the Reimbursement Program, and whether, after reviewing relevant cost documentation, the expenses reported for the removal, replacement, and disposal of covered equipment or services are eligible for reimbursement. Once the initial applications are approved, the FCC issues funding allocations as expenses are incurred. Prior to disbursing funds, the Administrator must review and approve submitted requests by recipients that include documentation of costs. Once granted funding, recipients then must complete the removal, replacement, and disposal process within a set period of time. Submission of Cost Estimates. To participate in the Reimbursement Program, eligible providers were required to submit initial estimates of the costs to be reasonably incurred for the removal, replacement, and disposal of covered communications equipment or services to participate in the reimbursement program. Participants were also statutorily required to submit, in addition to cost estimates, “supporting materials substantiating the costs,” a “specific timeline . . . for the permanent removal, replacement and disposal of the covered communications equipment or services,” and the certifications required by section 4(d)(4) of the Secure Networks Act as to the development of a transition plan and the use of funds if approved and in developing and tailoring risk management practices. Funding Allocation Stage. After an applicant has submitted estimated cost forms, the FCC’s Wireline Competition Bureau (Bureau), with the assistance of the Administrator, reviewed the submitted applications for completeness, the applicant’s eligibility for reimbursement, and the reasonableness of the cost estimates provided. Funding was then allocated accordingly. The funding amount allocated represents the maximum amount eligible for draw down by an eligible provider unless a subsequent funding allocation is made. Funding Disbursement Stage. Following the allocation of funds to eligible providers and after eligible providers incur actual costs, recipients must file reimbursement claims along with any required supporting invoices and other cost documentation, as directed by the Bureau, to obtain reimbursement requests as they incur expenses throughout the reimbursement period. The Bureau, with the assistance of the Administrator, reviews reimbursement claims to ensure that disbursements are made only for costs reasonably incurred. Estimated Value: Base + Options = The independent cost estimate (IGCE) projects an estimated 3-years maximum potential value of $25,636,724.97. ?? Base Period: 5/3/2024-5/2/2025; $8,855,968.06 ? Option Period 1: 5/3/2025-5/2/2026; $9,208,206.78 ? Option Period 2: 5/3/2026-5/2/2027; $7,572,550.13 Contract Total: $25,636,724.97 4. An identification of the exception to fair opportunity rationale and the supporting rational, and if applicable, a demonstration of the contractor’s unique qualifications to provide the required supply or service. If the contracting officer 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). 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 and highly specialized. The brief timelines created by the Secure Network Acts and the later Consolidated Appropriations Act of 2020 has resulted in an urgent and compelling need to expeditiously execute the Reimbursement Program to its completion. For the reasons explained below, conducting even a limited competition for a contract for the Administrator of the Reimbursement Program is not feasible. The existing Administrator, which has administered the Program since inception, has developed the particular expertise necessary to carry out the requirements of this Program effectively and efficiently, and its replacement by a new Administrator would significantly hinder the Program’s ongoing operations. Specifically, there is a critical need to ensure the Program continue its operations uninterrupted and without unnecessary complications, which, given the complexity of the Program, would not be possible in the event that the Administrator is replaced at this point in time. By way of example, among other things, the Program Administrator must adhere to an existing Program Readiness Plan for reviewing and analyzing claims documentation submitted by eligible providers for reimbursement of removal, replacement, and disposal costs, which includes comprehensive operational readiness assessments for pre-disbursement, application, and disbursement phases, and follow an existing Reimbursement Process Workflow to standardize and track reimbursement requests and money disbursed from the Reimbursement Fund. Notably, the existing Administrator has designed and documented high-level and detailed business processes and workflows in the required format to ensure effective, efficient, and successful fulfillment of the scope, mission, and milestones related to disbursements for the Reimbursement Program, which include the following: tracking of reimbursement claims and payments, including tracking key dates associated with each claim filed by every fund recipient; analyzing estimated costs; reviewing and approving expense documentation; monitoring and compliance standards; cost reconciliation; recipient final accounting and close-out; reporting; data validations; internal controls; responding to external audits; and site visits. With regard to internal controls, the existing Administrator has developed and maintained documentation to govern the reimbursement process that is sufficient for the Commission to comply with the Payment Integrity Information Act and a OMB Circular A-123 audit. With regard to processing payment requests, the Administrator has developed a complex process for reviewing multiple Reimbursement Forms submitted throughout the contract term, which includes an initial review of submitted Reimbursement Forms to ensure information accuracy, completeness, and fulfillment of the eligibility criteria and requirements, contacting entities that submit incomplete forms, and making recommendations to the Commission whether expense submissions meet the standard of being allowable and reasonable based on each entity’s individual circumstances. Instructing a potential new Administrator on the preparation and use of these processes and workflows would be time-intensive and result in significant inefficiencies and errors, and hinder the Commission’s ability to meet and complete the goals of the Program in an accurate and timely manner. 5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. GSA has already determined the Labor rates for services offered to be fair and reasonable under its Schedule contracts. The Contractor is using competitive rates established on the OASIS GWAC, and the using activity has reviewed the proposed number of Labor Hours and Labor Mix to ensure that it is adequate and appropriate for the tasks required for continued performance. The Contracting Officer has sought additional discounts from the vendor’s schedule contract rates and prices to ensure that the Government receives the best value. An independent government estimate (IGCE) was prepared and compares favorably to the contractor’s proposed pricing. As more fully described herein, Ernst & Young is well qualified and best suited in these circumstances to conduct the implementation of the Reimbursement Program based on its prior directly relevant experience, and the fact that it assisted the Commission to develop the policies and procedures for the filing and processing of reimbursement requests, and therefore is deeply familiar with the steps needed to execute the Program and be able to commence that effort immediately. 6. Any other facts supporting the justification. N/A 7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. While this is a time-critical acquisition resulting from specific statutory requirements of the Secure Network Act, the requirement is expected to be non-recurring. Given the time left for full execution of the Program, and potential transition costs and disruptions, it is unlikely that sufficient procurement administrative lead time exists to recompete the requirements before Program completion. Nevertheless, if the Program should continue past the period of performance for the subject contract with option years, the Commission will review the situation in its entirety and make a determination to recompete the requirement should program conditions, experience with the instant contract, and the competitive environment make that the best course for the Government. 8. The contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.