1305M218CNWWN0028_Sole_Source_Justification.pdf

FORM CD-492 U.S. DEPARTMENT OF COMMERCE

(REV. 12-16) OAM

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I recommend that the Department of Commerce negotiate only with South Carolina Educational Television

(Propoaad Contnlctor(s)I for maintenance services for fourteen (14) NOAA national weather radio transmitter systems In the state of South Carolina.

(Description of Supplies or Services)

Requisition No. NWWN4100-18-00337 Cost Estimate $ $695,ooo.oo

(Include basic contract period and all options or total syatems life costs)

Requesting Activity NWS Eastern Region Contracting Activity AGO EAD-KC

CERTIFICATION REQUIREMENTS

I certify that the attached narrative justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the attached narrative justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Requisitioner (Name and Title)

Hector Machado, Deputy Chief SOD ER

Signature

_#,zc01,� Phone No.

(631) 244-0145

Date

03/28/2018

Before requesting this acquisition, state the statutory authority for conducting this acquisition under "other than full and open competition" procedures in the following blank 41 u.s.c. 1903 (use only one statutory authority). Also provide a narrative justification to this form. In accordance with FAR Subpart 6.3, the narrative justification must include the facts necessary to reasonably and legitimately lead to the use of the specific authority for other than full and open competition; including adequate information on the nature and/or description of the action being approved and a description of the supplies or services required to meet the agency's needs.

Use of this form is optional when: the justification contains all information required by FAR 6.303-2, is certified by the requisitioner and contracting officer and is approved at the appropriate levels.

As per FAR 13.501(a)(1), sole source acquisitions conducted under SAP are exempt from the requirements in FAR Part 6. In accordance with FAR 13.501(a)(1), paragraphs (ii) and (iii), this sole source justification is prepared using the format at FAR 6.303-2, modified to reflect that the nrocedures in FAR suboart 13.5 were used in accordance with the authoritvof41 U.S.C. 1901.

STATUTORY AUTHORITY

41 USC 3304(a)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements.

The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements.

41 USC 3304(a)(2) - Unusual & compelling urgency

The agency's need for the supplies or services is of such an 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. (NOTE: This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the requiring activity. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (b) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

41 use 3304(a)(4) • International agreement

The terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other then competitive procedures.

41 USC 3304(a)(5) -Authorized or required by statute

A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

41 USC 3304(a)(6) -National security

The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

41 USC 3304(a)(7) - Public Interest

The agency head (Secretary of Commerce) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned, and notifies Congress in writing of such determination not less than 30 days before award of the contract.

APPROVAL REQUIREMENTS

Contracting Officer (CO) Signature

A J II.

Phone No.

/f-- /d-- V'-- (816) 426-7270Sarah Gallagher Appleman

Operating Unit (OU) Competition Advocate - Not exceeding $700,000:

JACK 0. SALMO

Director/HCO, Eastern Region Acquisition National Oceanic & Atmospheric Admlnlstr Ion

Department of Commerce (DOC) Competition Ad - Over $700,000 but not exceeding $68 million:

DOC Competition Advocate (Name and Title) Signature Phone No.

Senior Procurement Executive (SPE) - Over $68 million:

SPE (Name and Title) Signature Phone No.

Date

03/29/2018

Date

Date

NOTE: Use the total cost estimate specified on the front of this document in determining the necessary approvals. Each review must be preceded by lower level approval(s), e.g., over $68 million all approvals are required.

Continuation of CD 492 – Maintenance Services for NOAA Weather Radio Transmitters in the State of South Carolina

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

MAINTENANCE SERVICES FOR NOAA WEATHER RADIO TRANSMITTERS IN

THE STATE OF SOUTH CAROLINA

Identification Number: NWWN4100-18-00337

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO) Eastern Acquisition Division (EAD) located in Kansas City, Missouri, proposes to enter into a contract on a basis of other than full and open competition in support of the NOAA National Weather Service Eastern Region Headquarters (NWS-ERH) located in Bohemia, NY.

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a new contract to the South Carolina Educational Television Commission (SCETV). A firm-fixed-price (FFP) type contract with a twelve (12) month base period and four (4) 12-month option periods is contemplated for award.

3. A description of the supplies or services required to meet the agency’s needs

(including the estimated value) (FAR 6.303-2(b)(3)).

The requirement is to provide routine (preventative) and non-routine (corrective) maintenance services and usage of SCETV towers for fourteen (14) very high frequency (VHF) NOAA Weather Radio (NWR) transmitters and equipment in the state of South Carolina.

In an effort to ensure that the NWS carries out its mission of providing warnings and forecasts directly to the public to protect life and property, the NWS operates the NWR network to provide continuous transmissions of recorded weather and appropriate all-hazards warning information to the public. The NWS is the primary source of weather data, forecasts, and warnings for the United States; therefore the NWR is linked to the National Emergency Alert System (EAS) and the Homeland Security's All Hazard Warning System. This linking of systems enables the NWS to reach a maximum number of citizens with timely, site-specific severe weather warnings.

The total estimated capacity of the FFP contract is $695,000.00 ($139,000.00 per year) for a five-year period of performance, including one (1) twelve (12)-month base year and four (4) 12-month option years.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

Continuation of CD 492 – Maintenance Services for NOAA Weather Radio Transmitters in the State of South Carolina

The statutory authority permitting other than full and open competition is 41 U.S.C.

1901, as implemented by the Federal Acquisition Regulation (FAR) 13.106-1(b)(1), and using the procedures set forth in FAR subpart 13.5.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

SCETV is uniquely qualified to provide these services to the NOAA NWS-ERH based upon the following:

a. The 14 NWR systems in the state of South Carolina are mounted on SCETV-owned towers due to a proportion of South Carolina residents being outside of the listening range of an NWR station. The NWS does not have adequate funding to provide service to cover all of the un-serviced areas.

b. SCETV has existing transmitting towers in these remote locations and is a participant of the EAS as well as the All Hazard Warning System.

c. SCETV towers are designed and engineered for maximum coverage utilizing terrain and other geographic advantages that enable NOAA to meet its mission.

There are no other towers in the state of South Carolina that have the range of heights above ground level necessary to propagate the radio frequency necessary to provide coverage to the area and meet NOAA’s requirements.

d. SCETV provides the facilities, utilities, installation, and ensures the NWR station(s) are in accordance with licenses obtained by NWS and that the broadcast content originates solely from an authorized NWS source. SCETV also ensures that the transmitter site is in compliance with local zoning laws and Federal Aviation Administration (FAA) requirements. The NWS provides communication links, audio programs, and logistical support for broadcast to the NWR. NWS also provides maintenance funding to support SCETV maintenance for the NWR transmitters.

e. SCETV provides the facilities, utilities, installation, and ensures the NWR station(s) are in accordance with licenses obtained by NWS and that the broadcast content originates solely from an authorized NWS source. SCETV also ensures that the transmitter site is in compliance with local zoning laws and Federal Aviation Administration (FAA) requirements. The NWS provides communication links, audio programs, and logistical support for broadcast to the NWR. NWS also provides maintenance funding to support SCETV maintenance for the NWR transmitters.

f. The state of South Carolina has many critical and high-profile facilities, such as the SCETV transmitting towers that are potentially attractive sites for terrorist activity which may cause catastrophic levels of property and environmental damage, injury, and loss of life. Furthermore, according to South Carolina

Continuation of CD 492 – Maintenance Services for NOAA Weather Radio Transmitters in the State of South Carolina

Emergency Management a variety of extremist groups are known to operate within South Carolina. Due to the sensitive and secure broadcasting equipment that SCETV transmitting towers contain and as a security precaution, SCETV only grants access to their employees to perform maintenance and other services.

It is common for TV and Radio Broadcast facilities to restrict access to transmission towers in order to prevent a breach of Homeland Security or interference with radio broadcasts regulated by the Federal Communications Commission (FCC). SCETV has a legitimate interest in preventing an unauthorized individual from taking control of a broadcast facility.

g. Due to the security precautions in place by SCETV, no other contractor is authorized to access the sites to perform maintenance and repairs. Contractor personnel would have to be escorted by SCETV personnel onsite to perform the requisite maintenance if a contract was issued to another source. Such a contractor would have to wait for SCETV to provide an escort within its work hours and all maintenance and emergency repairs would have to be scheduled through SCETV.

Additional expenses may be incurred should such a contractor have to pay for an SCETV escort during the entire duration of performance—costs that would be passed through to NOAA. Furthermore, these towers are located in remote locations which would likely make another contractor’s response time excessive.

Due to these factors, maintenance and emergency repair times would far exceed the required restoration times dictated in NWS directives 30-2100 series. This would result in unnecessary downtime which would be detrimental to the mission of NWS in providing weather information to the public 24 hours a day.

h. The SCETV towers are the only ones in place that properly cover the state with a minimum number of transmitters and have the broadcast towers which offer a range of heights above ground level to propagate the Radio Frequency adequately.

Since SCETV is in the broadcast industry, its sites are designed and engineered for maximum coverage utilizing terrain and other geographic advantages. There are shorter towers available; however, to obtain the exact same coverage as SCETV, the number of towers and GFE would have to be doubled or tripled to obtain the exact same coverage at the lower tower elevation. The cost of locating the number of towers and GFE necessary to obtain the same coverage would cost millions of dollars to complete. The Government would not expect to recover the cost of installing new towers and GFE. SCETV has performed work of a similar scope for NOAA under previously issued sole source contracts EA-133W-13-CN-

0065, EA-133W-08-SE-0033, EA-133W-07-SE-0136, EA-133W-06-SE-1533,

EB-133W-05-SE-3636, EA-133W-05-SE-3213, and EA-1330-02-SE-0017.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

Continuation of CD 492 – Maintenance Services for NOAA Weather Radio Transmitters in the State of South Carolina

Due to the secure nature of the NWR sites in the state of South Carolina, SCETV will not allow any unescorted personnel to access its property with the exception of SC State employees. SC State employees are not qualified to perform the preventative and corrective maintenance of the towers nor can SC State authorize NWS rights to utilize SCETV towers. This precludes the solicitation of offers from other potential sources.

NWS-ERH researched the possibility of forming a Joint Project Agreement (JPA) with SCETV pursuant to 15 U.S.C. 1525. However, because the work involved between SCETV and NWS-ERH is ongoing and strictly maintenance, it does not meet JPA requirements.

Pending approval of this JOFOC, a combined synopsis/solicitation will be published to FBO. In accordance with FAR 5.207(c)(15), the FBO posting will identify the intended source (SCETV) and shall include a statement of the reason justifying the lack of competition. Any responses received as a result of this FBO posting will be considered as appropriate and included in the official contract file.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparison of proposed prices to historical prices paid for identical services under the previous contract number EA-133W-13-CN-0065. The prices on the previous contract were analyzed and determined fair and reasonable.

Prior to award of the proposed contract, a price/cost analysis will be performed and documented in accordance with FAR 13.106-3(a)(2) to sufficiently determine that the cost of the proposed acquisition to the Government will be fair and reasonable, by comparing the prices quoted by SCETV to the prices awarded under the previous contract and other, similar historical requirements (if necessary).

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

As stated in Paragraph (6) above, a combined synopsis/solicitation will be published on FBO, pending approval of this JOFOC. Any responses received as a result of this FBO posting will be considered as appropriate and included in the official contract file.

No additional market research was conducted. As previously noted, the Cooperative Agreement between NOAA and SCETV verifies that SCETV is the only organization capable of providing these services. The services that SCETV shall perform are considered to be commercial services as defined in FAR Part 2.101.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

As per FAR 13.50l(a)(l ) , sole source acquisitions conducted under simplified acquisition procedures are exempt from the requirements in FAR Part 6. In accordance with FAR

13.501 ( a)(l ), paragraphs (ii) and (iii), this sole source justification is prepared using the format at FAR 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with the authority of 41 U.S.C. 1901, and this JOFOC shall be made publicly available within 14 days after contract award as required by FAR 6.305(a).

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b )(10) ).

As stated in Paragraph (6) above, a combined synopsis/solicitation also serving as a Notice oflntent will be published to FBO pending approval of this JOFOC. Any responses received as a result of the FBO posting will be considered as appropriate and included in the official contract file.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated (FAR 6.303-2(b)(l1)).

As stated in Paragraph (6) above, unescorted personnel are unable to access SCETV property with the exception of SC state employees. NWS-ERH researched the possibility of forming a Joint Project Agreement (JPA) with SCETV pursuant to 15 U.S.C. 1525.

However, the work involved between SCETV and NWS-ERH is ongoing and strictly maintenance, therefore it did not meet JP A requirements.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify the requirement meets the Government's minimum need and that the facts, representations, and data included in this justification are complete and accurate .

Hector Machado Technical Representative

Contracting Officer:

04/17/18

Date

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

23 April 2018

Sarah Appleman Date

Continuation of CD 492 - Maintenance Services for NOAA Weather Radio Transmitters in the State of South Carolina

Contracting Officer

13. CONCURRENCE

Concur:

Office of General Counsel (if over legal review threshold) p� General Counsel

�w1.tl!

(if,_p,er $700,000)

Date

Continuation of CD 492- Maintenance Services for NOAA Weather Radio Transmitters in the State of South Carolina