JA for Sole Source To Bushtex - R.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Global Acquisition

Requiring Activity EUR-IO/EX/IM

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Approval is requested to award a Firm-Fixed Price one-time single sole source award to Bushtex, Inc., a woman-owned small business located in Gilbert, AZ, as described in Section 3 below on behalf of EUR Bureau and Global Tactical Communications REACH Program Office who sets the requirements for overseas posts.

This submission is for overseas emergency communication terminals and airtime services for EUR posts. Jon Arbin, Regional IT Manager, is submitting this request.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The requirement is to create a one-time single sole source award to Bushtex for the purchase of SpaceX Starlink terminals for communication continuity for use in the existing program for SpaceX Starlink satellite constellation communications at Post.

The description and quantities are show in the table below:

Description Quantity

SpaceX Starlink / Starlink Mini Terminal and Local Priority Plan

Starlink Equipment

Starlink Mini Terminal 100

Starlink Services

Starlink Priority Business (Local Priority Plan) 100

The estimated value for the entire 12-month period of performance is

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This statutory authority permitting other than full and open competition is 41 U.S. Code 1901 as implemented by FAR 13.501(a) and FAR 13.106(b); specifically, this authority permits contracting on a sole-source basis based on the following:

☒ Other – One-time single sole source award to Bushtex as described in Section 3

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

EUR worked with GTC’s IT personnel discovering their market research conducted in April 2025 to find a technical solution that would:

1) Ensure compatibility with existing products

2) Ensure interoperability with the currently deployed systems

3) Leverage the existing knowledge base of specific brands and product lines.

The Department of State (DoS) requires procurement of SpaceX Starlink terminals as part of a larger initiative for tactical emergency communications support. This specific requirement arises because standard commercial terrestrial communications can be denied by the host nation for any reason and commercial satellite communications can be granted or denied HNA “host national approval”, leaving the DoS unable to support emergency missions effectively. This issue was evident in the REACH program, which faced challenges during various conflicts when local governments shut down all commercial terrestrial internet services.

There are currently only two providers of Low Earth Orbit satellite communications constellation services:

Eutelsat OneWeb and SpaceX. In the case of a lack of satellite coverage from one manufacturer, the products of the other manufacturer must be utilized to ensure crisis communications coverage in any given post. Additionally, Eutelsat OneWeb services are not available in multiple countries due to host government restrictions. SpaceX service and equipment will provide service to mission where Eutelsat OneWeb service is not available. SpaceX constellation of satellites as an alternative to Eutelsat OneWeb at posts where HNA has been denied for Eutelsat OneWeb products.

Satellite Communications (SATCOM) consists of data transfer between two locations over a satellite connection. In SATCOM there are three primary communication satellite orbits, out of the many different trajectories available, and the three primary orbits are Low Earth Orbit (LEO), Medium Earth Orbit (MEO), and Geosynchronous/Geostationary Earth Orbit (GEO). Bushtex has been involved heavily in all three of these orbits, as well as the other orbits, for the last 30 years as a company, making them uniquely qualified to support this LEO order.

Due to the high volume of terminals requested, Bushtex has provided a discount on the single unit price of per unit.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

DT’s engineers conducted internet searches to determine if any entity other than SpaceX could provide the Low Earth Orbit satellite communications services and corresponding satellite terminal equipment while maintaining the warranties and usage agreements.

SpaceX uses a network of resellers around the world. Authorized SpaceX, United States based small-business resellers for NAICS Code: 517410 Satellite Telecommunications are as follows:

▪ Bushtex

▪ SES Space and Defense

▪ Amentum

▪ Intelsat

▪ Lumen

▪ MetTel

▪ UltiSat

The above companies are listed as small business resellers of SpaceX products on the Dynamic Small Business Search (DSBS) search engine on the Small Business Administration (SBA) web site. SpaceX allows resellers, such as Bushtex, to sell Starlink services. Bushtex is one of the authorized resellers and currently has a State Department contract to sell goods and services. The attached quote on the PR is from Bushtex who has provided volume discounted pricing.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer has concluded that the anticipated price will be fair and reasonable, as prices for these supplies are widely available in the commercial marketplace. Furthermore, the Department of State (DoS) program office will provide an evaluation and statement confirming that the total price is reasonable for the Purchase Order. By signing the justification, the Contracting Officer determines that the cost/price to the Government are fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

DT’s engineers conducted internet searches to determine if any entity other than SpaceX could provide the SpaceX products and services while maintaining warranties and usage agreements. DT’s engineers found that SpaceX and its network of authorized resellers were the only entities capable of providing the SpaceX products and services required by GTC.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

None

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

None

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES REQUIRED

Global Acquisition, EUR and Diplomatic Technology will continue to survey the market to determine if any other sources become available for these services and to understand when it will be in the best interest of the