1.17 - Sole Source J&A_Redacted.pdf

MEMORANDUM TO THE FILE

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

Procurement Request Number: N6404125RC0011Z

Control Number: S02

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Commander, U.S. Naval Forces Southern Command (COMUSNAVSO) requires airtime services and maintenance plans used to operate the KVH V3 HTS antennas to support the U.S. Navy’s missions with South American Partner Nations. The Period of Performance shall be for one (1) Base Period of 12 months and two (2), 12-month, option periods.

Estimated Dollar Value CLIN Description Qty U/I Unit Price Total Price 0001 V3 HTS M1GB-P Airtime Plan 10 Mo $1,700.00 $17,000.00 0002 V3 HTS M2GB-P Airtime Plan 2 Mo $19,850.00 $39,700.00 0003 Technical Support 1 Lot $5,300.00 $5,300.00 NTE 0004 Overage Charges 1 Lot $10,000.00 $10,000.00 NTE Option

V3 HTS M1GB-P Airtime Plan 10 Mo $1,750.00 $17,500.00

Option

V3 HTS M2GB-P Airtime Plan 2 Mo $19,850.00 $39,700.00

Option

Technical Support 1 Lot $5,300.00 $5,300.00 NTE

Option

Overage Charges 1 Lot $10,000.00 $10,000.00 NTE

Option

V3 HTS M1GB-P Airtime Plan 10 Mo $1,800.00 $18,000.00

Option

V3 HTS M2GB-P Airtime Plan 2 Mo $19,850.00 $39,700.00

Option

Technical Support 1 Lot $5,300.00 $5,300.00 NTE

Option

Overage Charges 1 Lot $10,000.00 $10,000.00 NTE

Total $217,500.00

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. XX ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. XX EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

COMUSNAVSO requires antenna airtime and maintenance to support the Combined Enterprise Regional Information Exchange System (CENTRIXS) Fly Away Kits (CFAK) utilizing the KVH Trac-Phone V3-HTS antenna system and airtime plans. The CENTRIXS Fly Away Kits are utilized for UNITAS and PANAMAX JCS exercises with Partner Nations. Maintenance on the KVH V3-HTS antenna systems is required to be serviced and repaired locally within a 72-hour turnaround time to ensure operations are not impacted.

KVH Industries, Inc., is the only manufacturer of the KVH Trac-Phone V3-HTS satellite equipment which operates exclusively and solely on the KVH proprietary Broadband VSAT HTS Network for both Airtime and Maintenance. A Request for Information (RFI) was submitted to General Service Administration (GSA) on 13 November 2024 with no responses received. KVH provided a list of two (2) authorized small business vendors to provide airtime and maintenance services and were contacted by the Contract Specialist to determine capability/interest in providing the required services. Both vendors were determined not to be capable of proving the service.

Therefore, KVH Industries, Inc., Large Business, is considered to be the only responsible source available to provide the required antenna airtime services and maintenance.

3. OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information:

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Signature: Title:

Activity: Date:

B. Certification/Approval.

Contracting Officer Name (Printed) / Phone # Date