A04_Justification and Approval for Sole Source_Comcast_redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES

FOR CERTAIN COMMERCIAL ITEMS

UNDER FEDERAL ACQUISITION REGULATION (FAR) 13.5

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense, Washington Headquarters Services, Acquisition Directorate on behalf of the Office of

Local Defense Community Cooperation.

2. DESCRIPTION OF ACTION: The purpose of this action is to procure a new firm-fixed price (FFP) contract using Operations and Management (O&M) type funds with an estimated value of XXXX.

3. DESCRIPTION OF SUPPLIES/SERVICES: The Office of Local Defense

Community Cooperation (OLDCC) is seeking to acquire internet and cable services.

OLDCC is a current consumer of internet services provided by Comcast Communications in Arlington, VA. To date, OLDCC has been purchasing services through the

Government Purchase Card Program, but due to micro purchase thresholds and current pricing for existing services, the Agency is no longer able to procure services through this program and therefore is seeking to transition the account onto a contract vehicle. These services are needed per the period of performance dates and cost estimated provided in the table below:

Performance

Periods

Performance Period Dates Amount

Base Period 15 NOV 2022 – 14 NOV 2023

Option Period I 15 NOV 2023 – 14 NOV 2024

Option Period II 15 NOV 2024 – 14 A NOV 2025

Option Period III 15 NOV 2025 – 14 NOV 2026

Option Period IV

15 NOV 2026 – 14 NOV 2027

Base + All Options 15 NOV 2022 – 14 NOV 2027

4. AUTHORITY CITED: This action is under the procedures of Federal Acquisition

Regulation (FAR) 13.5 under the authority of:

☒41 U.S.C. 1901, Simplified Acquisition Procedures

☐41 U.S.C. 1903, Special Emergency Procurement Authority

5. REASON FOR AUTHORITY CITED: The Office of Local Defense Community

Cooperation seeks to acquire internet services through Simplified Acquisition

Procedures. Furthermore, no vendor besides Comcast Communications was identified to be able to provide services as requested and to do so would require vendors to upgrade their service infrastructures that would cause both financial and timely burdens on all parties.

a. The Office of Local Defense Community Cooperation is currently utilizing internet services provided by Comcast Communications. Two additional service providers have been identified by OLDCC as providing similar services to the building location. Though the leaser, JBG Smith provides internet services, it was determined that neither had the infrastructure necessary to support the Agency’s requirements. Furthermore, OLDCC does not have adequate staff to support multiple network topology and DoD CIO wireless gig waivers, as would be necessary with the other vendors. Cable service speeds are dictated by the number of users access the service through the service area, which results in fluctuations as more users access the service. OLDCC requested upgrading to fiber optic services in July of 2021, to support a more reliable and consistent internet service as necessary to maintain continuity of operations. This did not provide a viable option for the Agency and hindered its ability to maintain internal infrastructure capabilities.

b. An other than full and open competition procedures approach to this acquisition would enable the continuity of operations and utilization of services currently being provided that have been deemed successful and reliant, and reduces the burden both administratively and financially for the government and potential vendors who are currently incapable of providing these services.

c. The Leaser to the building where OLDCC’s offices are located, JBG Smith, Verizon and Allied Telecom were identified as two additional cable services providers. Of these two companies, OLDCC determined that only Allied Telecom provides a fiber optic based cable service, but that it does not have the infrastructure to support the agency’s requirements. This was determined through contact with the vendor to obtain an overview of the services provided. The

Verizon services only provides traditional broadband which does not adequately support load requirements necessary to effectively and efficiently meet the agency’s needs. Utilization of these resources would require additional effort from the agency to provide network topology and to manage DoD CIO wireless gig waivers, for which the Agency is not adequately staffed to support.

d. FAR Part 13 procedures apply to this requirement because it promotes efficiency and economy avoiding unnecessary burdens for agencies and contractors alike.

The requirement is not greater than the simplified acquisition threshold and is being used to purchase commercial services.

e.

f. If an award is not made to Comcast Communications, OLDCC will be unable to acquire services as necessary to meet its mission requirements or sustain operations as internet services are a critical and necessary component to the information technology infrastructure. Without the required services that

Comcast provides, the Agency will not be able to utilize web based resources or communicate with customers and will fail to provide the technical and financial support to over 200 grantees consisting of State and Local Communities and will have a major adverse economic impacts, while also preventing the Agency from performing services provided in the administration and management of

Congressionally mandated programs of assistance.

6. EFFORTS TO OBTAIN COMPETITION: This requirement does not have to be synopsized because the exception at FAR 5.202(a)(13) applies. The Request for Quote will be posted on SAM.gov.

7. FAIR AND REASONABLE COST DETERMINATION: The Contracting Officer determines that the anticipated prices will be fair and reasonable by using the techniques identified at FAR 13.106-2(b) to ensure award will be at fair and reasonable prices.

Certified Cost and Pricing Data is not required.

8. MARKET RESEARCH: Market research was conducted by the OLDCC Procurement

Analyst who reviewed the historical services requirements for the agency. A search was done to obtain a listing of available sources within the Arlington County, Virginia servicing area. Two (2) vendors, in addition to Comcast, resulted from that search, Verizon and Allied Telecom. Verizon is unable to support the agency’s needs only offering traditional broadband, and neither is able to adequately support load requirements necessary to effectively and efficiently meet the agency’s needs.

9. ANY OTHER FACTS SUPPORTING THE USE OF SOLE SOURCE: No additional information.

10. INTERESTED SOURCES: Not applicable.

11. ACTIONS TO INCREASE COMPETITION: Due to the limited options of internet service providers, it is difficult to increase competition. If additional providers become available in the future, they will be considered.

12. Is this acquisition for a non-competitive follow-on acquisition previously awarded on a non-competitive basis?

☐Yes. A copy of the previous justification is attached1.

The Actions to remove any barriers to competition cited on the previous justification were completed:

☐Yes.

1 IAW PGI 206.303-2(b)(i)(B).

☐No2

☒No.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Contracting Officer Representative/Program Office Date

APPROVAL

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

2 If no, then the approval of the J&A shall be IAW PGI 206.304(a)(ii).