A16_Redacted_JOTFOC_REDW_Starlink_1.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

Point Reyes National Seashore

Point Reyes, California 94956

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

for SIMPLIFIED ACQUISITIONS OVER $3,000 AND UP TO $150,000

(See FAR 13.106-1)

Date: 17 November 2023 PR Number: 0040644656

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated cost):

The National Park Service, with the approval of the Head of the Contracting Activity, have agreed to terms with Starlink that allows for the purchase and use of the self-installed Starlink antennas.

Starlink is operated by SpaceX and provides two-way satellite-based internet service. Their self-installed units provide high-speed, low-latency broadband satellite Internet access to remote and rural businesses across the globe.

Starlink is not a preferred or required source. Nonetheless, after conducting a market analysis, Starlink is the only practical option for the nine sites selected due to technical impediments with other providers (e.g. physical obstructions prevent connectivity to provider’s equipment, land subsidence has damaged provider’s cables and the provider has determined it is cost prohibitive to repair, etc.)

Pursuant to the Bureau wide EIS Waiver, there are not required sources for low Earth orbit satellite services. If a mandatory source is approved in the future, services will be converted to an

EIS contract within 90 days.

REDW currently has 9 Starlinks deployed. 7 are configured with a 2TB data cap, billed at

/month, and 2 are configured with a 1TB data cap, billed at /month, for a total monthly recurring charge of for a one-year contract totaling

2. Sole Source Justification rationale (Check one and explain below):

FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements [41 U.S.C. 253(c)(1)]:

The supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements.

Explain: The existing mandatory DOI EIS contract currently only covers VSAT geostationary satellite service (i.e. HughesNet). VSAT satellite service is only capable of providing a limited

JOTFOC Form Under $150,000 (Revised March 2014) amount of data bandwidth (typically up to 20 megabits download, under 1 megabit upload), and has very high latency (typically 650 to 1200 milliseconds). Most of the time, actual speeds are much slower than this.

Starlink, a subsidiary of Space Exploration Technologies Corp. (aka SpaceX), provides LEO

(low-earthorbit) satellite service with significantly faster data bandwidth (typically up to 150 megabits download, up to 50 megabits upload) and lower latency (30 to 60 milliseconds). This service will provide more than sufficient bandwidth to allow the same level of connectivity and functionality available to employees in developed areas. Currently Starlink is the only commercial satellite internet service provider available in the world providing this service on the open market.

In an effort to find other available internet options, the park contacted local Internet Service

Providers (ISPs), including Charter Spectrum and Frontier. The service providers either responded that they would be unable to service the locations, or they would be able to service the locations under conditions that would be cost prohibitive or unacceptable in terms of network performance.

Starlink is not a preferred or required source. Nonetheless, after conducting a market analysis, Starlink is the only practical option for the seven sites selected due to technical impediments with other providers (e.g. physical obstructions prevent connectivity to provider’s equipment, land subsidence has damaged provider’s cables and the provider has determined it is cost prohibitive to repair, etc.)

FAR 6.302-1(c) – Only one responsible source and no other supplies or services will satisfy agency requirements - Brand Name Justification. [41 U.S.C. 253(c)(1)]:

The use of such descriptions in the acquisition is essential to the Government’s requirement, thereby precluding consideration of a product manufactured by another company. (NOTE:

6.302-1(c) - Brand Name or Equal requirements do not require a JOTFOC.)

If selecting this authority, indicate how the particular brand name, product, or feature is essential to the Government’s requirements, and provide market research indicating other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs, in your justification below.

Also check the appropriate box below:

This Brand Name Justification covers the entire acquisition.

This Brand Name Justification covers only the portion of the acquisition which is brand-name or peculiar to one manufacturer.

FAR 6.302-2 – Unusual and compelling urgency [41 U.S.C. 253(c)(2)]:

The agency’s need for the supplies or services is of such an 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. (NOTE: These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. A lack of advance planning is not justification for use under this authority.)

If selecting this authority, include critical delivery or performance dates, and when you became aware of the requirement, in your justification below. Provide a specific statement of the impact on Government operations, financial or otherwise, if the required delivery or performance dates are not met.

United States Department of the Interior

NATIONAL PARK SERVICE

Point Reyes National Seashore

Point Reyes, California 94956

Other Authority: 29 CFR § 541.301 Learned professional

3. Market Research. Please explain the results or why one was not performed. State whether any other offers were received, or anyone expressed interest:

Contacted local Internet Service Providers (ISPs), including Charter Spectrum and Frontier. The service providers either responded that they would be unable to service the locations, or they would be able to service the locations under conditions that would be cost prohibitive or unacceptable in terms of network performance.

Market research has determined that Starlink is the only commercial satellite internet provider in the world currently capable of providing high-bandwidth low-latency service in areas with no other comparable terrestrial-based option available. They are currently only offering their service on the open market.

4. If this is a determination for sole source, the Contracting Officer certifies:

a. Only one source is available, or urgent and compelling circumstances exist.

b. The anticipated price will be determined fair and reasonable using the price analysis techniques described in FAR Part 13.106-3(a).

(Signature): /s/ Mike Rademaker (Date): 17 November 2023

Type or Print Name: Mike Rademaker

Title: Lead IT Specialist

(Signature) _____________________________________________ (Date)

Type or Print Name: _____________________________________

Contracting Officer

Over $50,000:

(Signature) _____________________________________________ (Date)

Type or Print Name: _____________________________________

Delegated Assistant Bureau Competition Advocate or Assistant Bureau Competition Advocate

Elizabeth Chico

12/21/23