36C10X18Q9156-001.pdf

Justification and Approval for Other Than Full and Open Competition

6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

1. Contracting Activity:

Department of Veterans Affairs (VA) Office of Acquisition Operations Strategic Acquisition Center-Frederick 321 Ballenger Center Drive – Suite 125 Frederick, Maryland 21703

2. Nature of Action Being Approved:

This justification requests for the issuance of a sole source contract with Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, LLC. The estimated dollar value is $84,230.80 for base period, with two subsequent one-year option periods totaling $252,692.40.

3. Description of Services:

Comcast shall provide services for hard wired Cable Television and Internet/WiFi for the VA Law Enforcement Training Center located at 2200 Fort Roots Drive, North Little Rock, AR. A continuance of services is needed for cable television and internet Wi/Fi for the VA Law Enforcement Training Center (LETC). The LETC requires a hard wired cable solution. Comcast currently provides hard wired cable of up to 60 channels in four (4) building, two (2) of those buildings being dormitories with approximately 78 rooms total. Comcast also provides internet Wi/Fi in six (6) buildings, that’s a total of 9 circuits and 11 modems throughout the LETC campus. LETC is a training center that runs year-round. The classes provided daily require the usage the internet Wi/Fi to run the chrome books that each student is issued when they attend a course at LETC. All academic functions (i.e. test, classwork, research, etc.) is powered by the access to the internet Wi/Fi system. Comcast equipment is installed throughout the LETC facilities and if service is not renewed Comcast will remove all their equipment.

4. Authority Cited:

FAR 6.302-1 (b)(3) “Only one responsible source and no other supplies or services will satisfy agency requirements”. FAR 6.302-1 (b)(3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2041_1.html#wp1074547 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2041_2.html#wp1074945

5. Demonstration of Qualifications:

LETC requires a hardwired, reliable internet Wi/Fi and television programming solution.

Comcast Cable is the only source capable of providing the required services. A new service provider would have to come and rewire the buildings and install new equipment which is not very cost effective. The federal government will have to pay for new installation and Comcast’s equipment is already in place. The cost to install new equipment would be a waste of Government funds. A new contractor would cause work stoppage at LETC, which is not acceptable, all training would seize while waiting for Comcast to uninstall their equipment and a new provider to install new equipment. This is a major security concern for the Department of Veterans Affairs due to the nature of LETC training. Officers that protect our Veterans would not be training and become certified VA Police Officers. LETC is the sole provider of Law Enforcement Training to the Department of Veterans Affairs, all Officers must go through a 10-week basic training course and multiple mandatory and certifying courses (1 week to 2 weeks long).

The VA Law Enforcement Force consists of over 4,000 Officers and LETC averages 200 students weekly year-round. A work stoppage of this magnitude, uninstalling and reinstalling cable and internet Wi/Fi is to large.

a. Awarding to another vendor will result in increased cost the LETC initially and monthly there-after.

b. Awarding to another vendor that could not provide a hard-wired solution would not be feasible as that is what the LETC is moving away from and would not allow the LETC to meet mission requirements and would not alleviate the problem of signal loss during overcast days and inclement weather.

6. Exception

The propsed action was not synopzied IAW FAR 5.202 (a)(5) Exception, The propsed contract action is for utility services other than telecommunications and only one source is available.

7. Determination that the Order Represents Best Value Consistent with Fair and Reasonable Pricing:

It is determined that the price is reasonable. Comparison of the cost and features of upgrading existing services and the cost and features of converting to hard wired services has determined the price to be reasonable.

8. Description of Market Research Conducted:

Market research was performed via GSA eLibrary, NASA SEWP and Veterans Information Pages (VIP) and there is no known vendor who can provide services to the installed equipment by Comcast.

9. Any other facts supporting the use of other than full and open competition:

No Additional facts.

10. List of Interested Sources:

No additional sources.

11. Actions Necessary to Overcome Any Barriers to Competition:

We will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

12. Technical and Requirements Certification:

I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Signature: Roderick T. Cross, Business Manager Date: 02/28/2018 Name/Position

COR Signature: Gregory Holland, Lead Criminal Investigator Date: 02/28/2018 Name/Position

12. Contracting Officer’s Approval:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on an analysis of the contractor’s price to fulfill this requirement. The contractors priced rates will be verified to confirm that they are in fact less than the area market prices.

Robert Cody Contracting Officer