9523ZY24Q0018 Attachment B_R.pdf

FOR OFFICIAL USE ONLY

Source Selection Information -- See FAR 2.101 and 3.104

FOR OFFICIAL USE ONLY

BRAND NAME JUSTIFICATION

In accordance with FAR 13.501 and 13.106-1(b)(1), the use of specifications peculiar to one manufacturer is justified by the following facts and rationale:

(1) Identification of the agency and the contracting activity

The Division of Administration, Business Operations Branch of the Commodity Futures Trading Commission (CFTC) seeks to competitively procure Spectrum Internet and Cable Television services for its New York Regional Office (NYRO), located at 290 Broadway STE 6th Fl, New York, NY.

(2) Nature and/or description of the action being approved.

CFTC proposes to competitively procure Spectrum Internet and Cable Television services on a brand-name only basis. CFTC intends to solicit multiple resellers, but will only accept quotations that include Spectrum Internet and Cable Television Services. No equivalent services from other vendors will be considered.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

CFTC requires television and internet services at its NYRO office. CFTC requires these services for one year, as Spectrum does not allow for option years.

The estimated cost of this procurement is

(4) Identification of the exception to fair opportunity (13.106-1(b)(1) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

This brand name acquisition is being conducted under FAR 13.106-1(b)(1) for brand-name items and services.

CFTC requires broadband internet and television services at its New York Regional Office in order to conduct its routine business. Only Spectrum (owned by Charter Communications Holdings, LLC) can provide these services to this address. No other vendor provides wired internet and television service to this address.

Accordingly, this procurement will be a competitively solicited, brand-name only solicitation.

FOR OFFICIAL USE ONLY

(5) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determined that the independent government cost estimate is fair and reasonable based on market research (informal vendor quotations for the necessary products) as well as historical contracts for the same or similar items. Also, the cost to the Government is anticipated to be fair and reasonable, as adequate price competition is anticipated for this procurement.

(6) Any other facts supporting the justification.

None.

(7) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The agency intends to competitively solicit this requirement. Should other wired internet and television service providers offer service at the NYRO in the future, CFTC would compete this requirement among all such providers.

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FOR OFFICIAL USE ONLY

Certifications and Approvals

Technical/Requirements Personnel Certification

I certify the data supporting recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer’s Certification

I certify that the data supporting the recommendation to solicit and award on a brand-name basis is accurate and complete to the best of my knowledge and belief.

Benjamin Van Wormer Date Contracting Officer