4.01b Attachment 2 - J&A_Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION SAT

1. Identification of Agency and Contracting Activity

Agency: NAVSUP FLC PEARL HARBOR HI

Contracting Activity: NASUP FLC CONTRACTING PEARL HARBOR, HI

2. Nature and/or Description of the Action Being Approved

Description: Business Internet and Cable TV Service.

Intended Use: Internet access for additional personnel using multiple spaces in multiple bldgs. under NAVSUP FLC Pearl Harbor at Naval Station Pearl Harbor and at Hickam AFB.

Required Source: Charter Communications/Spectrum Business Internet

Estimated Cost:

Required Delivery Date: 07/01/2025

Period of Performance: 07/01/2025-06/30/2026

07/01/2026 06/30 2027

07/01/2027 06/30/2028

07/01/2028-06/30/2029

07/01/2029 06/30/2030

FY/Option/Ordering Period OM&N OPN RDT&E

2025 0.00 0.00

Subtotals 0.00 0.00

Total

4. Statutory Authority Permitting Other Than Full and Open Competition

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, 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, as 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.

J&A #: 1

3. Description of Supplies/Services to Meet the Agency's Needs Including Estimated Value

Requesting to continue current service with Charter Communications and to grow current Business Internet and Cable TV services for NAVSUP FLC Pearl Harbor employees at Bldgs. 475, 1st and 2nd Floors. Bldg. 2652 and 1757. Current Internet in these Bldgs. does not provide sufficient connections for additional personnel required to be there actively working. Charter Communications modems with existing connectivity are currently functioning at these buildings.

Estimated Cost:

Funding is set to expire 09/30/2025 , for Cable TV currently in use at 647th LRS, Hickam AB, Bldgs. B1072 and B2003.

Funding is set to expire 09/30/2025 for Business Internet currently in use at B1757, NB Pearl Harbor.

All other locations are for Base and (4) option years on the new Contract.

Is the requested material or service represents the minimum requirements of the Government Estimated Dollar?

Estimated Dollar Value:

41 U.S.C. 1903 as implemented by FAR 13.106 1(b)(1)(i) One Source Reasonably Available

Additional Information Regarding Statutory Authority if Applicable

N/A

Procurement Request/Solicitation/Purchase Order Number:

Control Number:

I. Background

II. DESCRIPTION OF ITEM OR SERVICE

Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, the estimated cost/price, and the required delivery date/period of performance

Description: Business Internet and Cable TV Service.

Intended Use: Internet access for additional personnel using multiple spaces in multiple bldgs. under NAVSUP FLC Pearl Harbor at Naval Station Pearl Harbor and at Hickam AFB.

Required Source: Charter Communications/Spectrum Business Internet

Estimated Cost:

Required Delivery Date: 07/01/2025

Period of Performance: 07/01/2025-06/30/2026

07/01/2026 06/30 2027

07/01/2027-06/30/2028

07/01/2028-06/30/2029

07/01/2029 06/30/2030

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING:

A. ONLY ONE RESPONSIBLE SOURCE Yes

1. Restrictive Rights No The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. Exclusive Licensing Agreements No 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.

3. Other Reasons Yes Provide details on mission impact if requirement is not solicited from only one source

Charter Communications Operating LLC (CCO) is the only responsible source that can provide both cable TV and high-speed internet access with hard-wired cable connections to all required customer locations on JBPHH. The existing fiber optic and copper coaxial cable infrastructure that provides cable TV and internet signals to these locations are owned by CCO. As opposed to satellite or any other alternative, hard wired cable is required to sustain services due to restrictions on modifying, adding, and mounting fixtures and materials of any type on buildings designated as or within historical districts, which are commonplace on JBPHH. Additional market research resulted in confirmation from Hawaiian Telcom that they are unable to offer cable TV services. Any other source attempting to provide all required services would be required to develop and install new infrastructure, which would not be able to be completed prior to the expiration of the existing contract, resulting in unacceptable delays or interruptions in cable TV and internet services.

Current Contract Number N00604 24P 4059 expires 06/30/2025. Without a new Contract Awarded, internet service will not be available until a new contract is awarded. Existing and additional personnel working in NAVSUP FLC Pearl Harbor locations identified will not have internet connectivity to continue normal operations, resulting in work stoppage for their required duties.

B. BRAND NAME

Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies' similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency's needs

N/A

C. UNUSUAL AND COMPELLING URGENCY No

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 bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government's requirements and why a "brand name or equal" purchase description cannot be used (see FAR 11.1014). Describe how market research indicates other companies similar products and products lacking the particular feature do not meet, or cannot be modified to meet, the agency's need.

N/A

1. Date on which the requirement was first identified: 10/03/2022

2. Required delivery date/period of performance: 07/01/2025 to 06/30/2026

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as "urgent," estimated production lead time for the item, etc.

N/A

4. If appropriate, include any additional pertinent information:

N/A

CERTIFICATIONS/APPROVALS:

TECHNICAL CERTIFICATION