25Q0008 BNSS_Redacted.pdf

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Date: 01/19/2025

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): __N7027225PRCOX23______________________________

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, 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 because 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:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

COX COMMUNICATIONS LLC.

b) the required delivery date/period of performance and

MARCH 01, 2025 TO FEBRUARY 28, 2025

c) its intended use.

TDM CIRCUITS FOR TELECOMMUNICATION SUPPORT

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

COX COMMUNICATIONS LLC.

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

a. Explain what is subject to the restrictive rights.

TIME DIVISION MULTIPLEXING (TDM) CIRCUITS SPECIFIC TO TELECOM SUPPORT

SERVICES APPLICABLE FOR INTERNET AND PHONE LINES PROVIDED BY COX

COMMUNICATIONS.

b. If drawings are included, who is identified as “owning” the drawings.

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COX COMMUNICATIONS OWNS THE PROPRIETARY RIGHTS TO SYSTEM AS ALL

AFFECTED SUPPORTED EQUIPMENT IS PROVIDED BY THE PROPRIETARY OWNER,

OTHER CARRIERS DO NOT HAVE RIGHTS OR ACCESSIBILITY TO CONNECTIONS OR

EQUIPMENT PROVIDED BY COX COMMUNICATIONS

2. ____ 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.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

b. Identify the distributors / authorized technical representatives for the item or service.

Provide evidence of the licensing or OEM certification agreement as an attachment to this document.

3. _XX_ OTHER REASON:

a. _XX__ CRITICAL EQUIPMENT: The required item is critical equipment, the failure of which poses a hazard to the operational system, the crew, or the environment.

i. Explanation on how requirement and intended purpose is critical:

CURRENT SYSTEMS ARE DIRECTLY CONNECTED TO EXISTING

CIRCUITS APPLICABLE TO LOCATIONS. CONNECTIVITY IS VITAL TO

MAINTAIN MISSION AND OPERATIONAL FUNCTIONS APPLICABLE

TO ALL AFFECTED AGENCIES. ANY ATTEMPT TO OPEN

COMPETITION IF THE INCUMBENT IS NOT PROVIDED AWARD

WOULD REQUIRE RESTRUCTURE OF LINES AND EQUIPMENT

RESULTING IN AN UNACCEPTABLE PERIOD OF NO CONNECTIVITY

ADVERSLY AFFECTING MISSION AND OPERATIONS, AS WELL THE

COST TO THE GOVERNMENT TO REALIGN WITH A NEW SYSTEM

WOULD DRASTICALLY EXCEED THE VALUE OF MAINTAINING

CURRENT SYSTEMS IN PLACE.

b. _____ STANDARDIZATION / BRAND NAME: only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): ___________________

ii. Identify other systems with this Make / Model:

c. ___ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

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ii. Describe how the equipment must be compatible with the existing configuration.

d. _____ OTHER:

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

a. Date on which the requirement was identified: ______________________________

b. Required delivery date / Period of Performance: _____________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time: ______________________________

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: .

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V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement 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.