2.05 J&A ANNEX 1 - JUSTIFICATION AND APPROVAL REDACTED.pdf

ANNEX 1 – JUSTIFICATION AND APPROVAL

J&A No. 25-240-0003

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

The contracting activity is the Naval Supply Systems Command (NAVSUP) Fleet Logistics Center (FLC) San Diego Code 200. The NAVSUP FLC San Diego point of contact Yesica Lorena Burrill, who can be reached at yesica.l.burrill.civ@us.navy.mil and 619-556-9627. The activity required is Commander, Navy Region Southwest (CNRSW).

2. Description of the Action Being Approved.

NAVSUP FLC San Diego intends to award a Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) Cable Television (CATV) Programming Services contract on a Sole-Source basis for Commander, Navy region Southwest.

This procurement is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services per 41 U.S.C.1901, and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6 but are still required to use a justification utilizing the format of FAR 6.303-2.

3. Description of Supplies/Services.

The purpose of this contract is to establish CATV Services for the Navy community within the CNRSW area of responsibility. All services will be provided to customers, from office environments with limited channel requirements to lounges and piers for docked Navy ships seeking state-of-the-art television & on-demand services, there are approximately 787 drops. Locations to be serviced include all Navy installations as follows: Naval Base San Diego (NBSD), Naval Base Point Loma (NBPL), Naval Base Coronado (NBC), Naval Air Facility El Centro (NAFEC), Naval Air Weapons Station China Lake (NAWSCL), Naval Weapons Station Seal Beach (NWSSB), Naval Base Ventura County (NBVC), Naval Air Station Lemoore (NASL), Naval Support Activity Monterey (NSAM) and Naval Air Station Fallon

(NASF).

Broadband Internet: Some locations may seek Broadband Internet capabilities in addition to television services. The contractor shall provide all infrastructures necessary for provisioning of Broadband Internet service to prospective customers. Service can be provided to customer locations using additional Cable Modem or other delivery device over existing ISP, primarily coaxial cable wiring. Broadband Internet Service will be the minimum requirement for this contract.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1): only one responsible source and no other supplies or services will satisfy agency requirements. In accordance with FAR 13.106(b) Soliciting from a single source, if no other type of supplies or services will satisfy agency requirements; full and open competition need not be provided for.

5. Rationale Justifying Use of Cited Statutory Authority.

COX CALIFORNIA TELCOM, LLC (CAGE: 66AT6) is the only responsible source capable of providing the required CATV services without significant additional costs, delays and service disruption.

Cox Business maintains embedded infrastructure across CNRSW area of responsibility, including underground cabling, proprietary signal distribution and encryption technology which supports seamless delivery of CATV services, eliminating the need to further expand the physical footprint of restricted modification, coupled with the mounting and altering of building infrastructure that would require DoD review, consensus, and approval.

Failure to award Cox Business Commercial CATV Services contract and use of another vendor would result in significant disruption of CATV services across CNRSW areas of responsibility, adversely affecting mission readiness through quality of life of personnel. CATV ensures seamless delivery of real time news, emergency alerts and recreational content vital for office environments, lounges and piers for docked Navy ships seeking state-of-the-art television & on-demand services.

Historically, Cable television for CNRSW was managed and operated under the Non-Appropriated Fund (NAF) regional cable television/internet contracts with Cox Business. NRSW Fleet and Family Readiness (N9) would provide NRSW Information Technology (N6) in-house support services. With the end of the contract, NRSW Fleet and Family Readiness (N9) has established a delivery order for NAF cable television services under the Air Force Non-Appropriated Fund Purchasing Office (AFNAFPO) contract which APF entities cannot issue a delivery order against.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

This requirement will be synopsized via SAM.gov for 15 days in accordance with FAR 5.2 “Synopses of Proposed Contract Actions”.

Market research determined that this specialized service is only available from one vendor. The required service is not available under any Government mandatory sources, an already existing DoD contract, and is not available under any other federal/non-DoD contract. The determination that this requirement would need to be sole sourced based on the fact that COX CALIFORNIA TELCOM, LLC is the sole provider of the required CATV services for CNRSW areas of responsibility.

The Contract Specialist issued a Sources Sought on 02 JUN 2025 with a close date of 27 JUN 2025 via SAM.gov to determine the capability of potential sources to fulfill the requirement for commercial CATV services. As of the close date and time, capability statements were received from four (4) businesses, of these two (2) were small businesses and two (2) were large businesses, including Cox. The Technical Point of Contact TPOC conducted a comprehensive capability assessment of all four (4) submissions.

Both small businesses were found “Not Capable” by the TPOC. One large business was found “Not Capable” by the TPOC. Cox was the only respondent found “Capable”, as a result the government determined Cox is the only responsible source capable of fulfilling the requirement without incurring unacceptable delays or duplicative costs in accordance with FAR 6.302-1.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will determine the anticipated cost to the Government of the supplies covered under this J&A is fair and reasonable prior to award.

8. Actions to Remove Barriers to Future Competition.

All future acquisition will be evaluated on a case-by-case basis and whenever feasible, NAVSUPFLC San Diego will issue competitive requests for quotes to maximize competition for specified equipment/service.

ANNEX 1 – JUSTIFICATION AND APPROVAL