A02 Limiting-Competition-under-SAT_ACC for Satellite TV for redaction_published.pdf

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: US Army Medical Research Acquisition Activity (USAMRAA), Fort Detrick, MD acting on behalf of the Walter Reed Army Institute Research (WRAIR).

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _0011932785_______________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2023

Name of Proposed Contractor(s) and Address:

Directv, LLC 2260 E Imperial HWY El Segundo, California 90245-3501

Brand Name Buy: Yes No

3. Description of Services or Supplies:

WRAIR intends to acquire the services of the vendor to supply of cable /satellite TV network to provide local (Washington D.C. Metro area) and international news and information for the administrative support teams at WRAIR and for the Sleep studies research at WRAIR. Access to the local and international news and information is a necessary asset for WRAIR.

The access to satellite TV programming is needed for sleep studies research as subjects are at the facility for multiple days.

Period of Performance: 1 August 2023 to 31 July 2028 Total Value:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

A Request for Information and Request for Quotes was published via SAM.gov with no responses. Research has identified only one provider for satellite cable services for this area. The previous provider is no longer providing services to the Federal Government.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research was completed in March 2023. The present provider is not taking on new government contract. An RFI was posted to SAM.gov between 5 to 19 May 2023. There were 2 responses that were not technically acceptable by the customer. After more market research, it was found that Direct TV is the only contractor capable of meeting the requirement.

8. Other Facts: This is a new requirement.

9. Technical/Requirements Certification: I certify 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.

Typed Name:

Date:

Title: Sr. Administrative Officer

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date: 08/03/2023

Title: Contracting Officer

Signature: