A08_JA_Redacted.pdf

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

OFFICE OF INSPECTOR GENERAL

Justification for Other Than Full and Open Competition

FAR 6.302-1

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1. Contracting Activity: Department of Health and Human Services (HHS) Office of Inspector General (OIG) Acquisition Division (AD) 330 Independence Avenue, SW Washington, DC 20201

2. Description of Action: The purpose of this Justification for Other Than Full and Open Competition is to acquire Comcast Business Services. The proposed action is for a Firm Fixed Price (FFP) purchase order

3. Description of Products and Services: HHS OIG, Office of Investigations (OI), Digital Investigations Branch (DIB), requires the acquisition of Comcast Business Service (including: three internet connections (Two - Business Internet 1Gb 1 and One - Business Internet 300 Plus 1) to provide nationwide access to investigative resources to OI staff for investigations.

The following table are the details of the requirement.

Optional CLINs Yearly Cost Option 1 (07/01/2022 - 06/30/2023) $ Option 2 (07/01/2023 - 06/30/2024) $ Option 3 (07/01/2024 - 06/30/2025) $

4. Identification of Authority and Justification Rationale: As defined in 41 U.S.C. 253 (c)(1) as set forth in FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Nature of the acquisition and proposed unique qualifications of contractor: In December 2020, DIB reviewed information from the two vendors with access to the area around the facility (Comcast and Verizon) to obtain information on availability of services and the proposed items in

Page | - 2 -the building, Patriots Plaza III (PP III). After reviewing the information from all vendors, Comcast was deemed the only vendor able to provide these services in the PP III building. Additional vendors would have to come to an agreement with the building (which is privately owned) and must absorb a hefty upfront cost of connecting their lines from the street Verizon was unable to provide current services, which would disqualify them through the “Lowest Price Acceptable” clause. To simplify broadband internet service renewal requirements, DIB is bundling all services into this one annual procurement. Comcast was deemed the only vendor able to provide these services in PP III building.

This will be an annual renewal requirement.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practical: A synopsis for this requirement will be published on beta.Sam.gov website, as required by FAR Subpart 5.2. A copy of the redacted Justification for this requirement will be posted with the synopsis.

7. Fair and Reasonable Determination: The Contracting Officer will evaluate the price in accordance with FAR 13.106-3 to ensure that the price is fair and reasonable.

8. Description of Market Research: In accordance with FAR 10.002, market research was conducted by a technical representative to determine if other vendors could provide the same capabilities. There were no service providers other than Comcast Business Service that holistically met the requirements for HHS-OIG without requiring completely new and significant investment effort by other providers for services to HHS-OIG.

9. Other Facts Supporting the Justification: Additional vendors would have to come to an agreement with the building (which is privately owned) and must absorb a hefty upfront cost of connecting their lines from the street. Verizon was unable to provide current services.

10. Interested Sources. No other sources have expressed an interest in this proposed acquisition.

11. Effort to remove barriers to/increase competition: HHS OIG will continue to evaluate technology, conduct market research and keep abreast of innovation occurring in the space to understand whether other products that provides these services.

12. Technical Representative’s Certification: I certify that the supporting data under my cognizance that are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________ Date_____________________

Print Name: ______________________________ Office: _____________________ Contracting Officer’s Representative

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APPROVAL

Approval is granted subject to the availability of funds and provided, if the products/services described herein have otherwise been authorized for acquisition.

13. Contracting Officer (required): I certify that the facts and representations included in this Justification are accurate and complete to the best of my knowledge and hereby determine that the anticipated cost to the Government will be fair and reasonable. This approval represents the best value.

Signature: ________________________________ Date: ______________________

Print Name: ______________________________ Office: _____________________