AM-Pro - Justification for Other Than Full and Open Competition REDACTED.pdf

Federal Communications Commission

Enterprise Acquisition Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 6.302

AM-Pro IB & MB Support

ITC2300065

February 9, 2023

Approval of the use of other than full and open competition of the proposed contractual action pursuant to the authority of 41 U.S.C. 3304(a)( ) pursuant to FAR 6.302-1.

1. Identification of the agency and contracting activity.

The Federal Communications Commission (FCC), Enterprise Acquisition Center (EAC), proposes to enter into a contract on a basis of other than full and open competition for Office of Managing Director (OMD)/Information Technology Center (ITC). This document is a justification for other than full and open competition (JOFOC).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This requirement is to purchase AM-Pro 2 Software, AM Mapping and Frequency Search Program. The FCC requires 13 user licenses under a Firm Fixed Price Contract in support the FCC’s International Bureau (IB) and Media Bureau (MB). V-Soft Communications is the sole developer and distributor of the software application. The estimated total dollar value of this procurement is $64,650.00 for a base year with four, (4) option Periods.

POP Dates Estimates Costs

Base Period 3/16/23-3/15/24 $12,420.00

Option Period 1 3/16/24-3/15/25 $12,670.00

Option Period 2 3/16/25-3/15/26 $12,925.00

Option Period 3 3/16/26-3/15/27 $13,185.00

Option Period 4 3/16/27-3/15/28 $13,450.00

Total Cost $64,650.00

3. A description of the supplies or services required to meet the agency’s needs.

The Federal Communications Commission regulates interstate and international communications through cable, radio, television, satellite and wire. The goal of the Commission is to promote connectivity and ensure a robust and competitive market. The engineers in the Media Bureau contribute to the FCC’s mission by helping regulate interstate and international communications through radio, and specifically through AM radio. Since 2007, our AM processing engineers have been using AM-Pro review which AM applications are granted and then licensed. AM-Pro allows our engineers to perform studies such as city coverage studies, daytime allocation studies, nighttime allocation studies, critical hours studies, clipping studies and overlap studies.

We are not aware of another commercial software package that includes all the AM tools that we need to fulfill our mission. It is software that is used by the most respected U.S.

broadcast consulting engineering firms to conduct their AM studies.

4. The statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) § 3304(a) as set forth in Federal Acquisition Regulation (FAR) 6.302-1 “entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The potential loss of AM-Pro at this time would significantly impair our ability to perform our regulatory responsibilities. For example, when a daytime allocation study is conducted in AM-Pro the program automatically provides an output which shows the amount of overlap, both caused and received. This is crucial in evaluating daytime proposals. Our current programs do not have this capability. Without AM-Pro, critical hours studies would have to be done manually and would greatly increase the amount of time to complete the studies and it greatly increases the potential for making errors. These critical hours studies haven’t been done manually in the last 15 years. Furthermore, determining necessary population counts within contour overlap areas would not be possible as we don’t have the population data available in our existing programs.

Many specialized studies can be done quickly and efficiently in AM-Pro that would either take significantly more time using our older AM engineering programs or would not be possible. For example, inputting measurement data for a station that is providing ground conductivities instead of defaulting to M3 data. This data can easily be entered into AM-Pro and manipulated which is not the case for our existing programs. It is essential that we maintain our access to these essential tools provided by AM-Pro. Without it, we cannot complete many of the necessary studies efficiently and effectively.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a SAM announcement was made and what response, if any, was received, or include the exception under FAR 5.202 if not synopsizing. Describe whether any additional or similar requirements are anticipated in the future [this may not be included as an addendum, but must be in the body of the

JOFOC].

The FCC IT team conducted market research by reviewing industry capabilities. We searched required sources of supply, to include Federal Supply Schedules and the open market and were unable to identify any vendors capable of providing the services required.

This justification will be posted on SAM at contract award.

The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The FCC anticipates awarding a contract at a fair and reasonable price that consists of a twelve (12) month base period and includes four (4) twelve (12) month option periods. The base period is estimated at $12,240 and the total contract is estimated at $64,650.

7. A description of the market research conducted and the results.

The market research revealed AM-Pro was the only technology solution that met at all the essential functional features required and on a best value determination basis without the need to purchase additional hardware, software, and the need to train users on a new technology. Additional market research was conducted to determine if there is sufficient competition among qualified vendors to support this brand name request. The Government conducted market research by contacting the Original Equipment Manufacturer (OEM), reviewing the OEM’s website, and researching available vendors on NASA SEWP and GSA Schedule(s). During these efforts, no OEM resellers were identified.

8. Any other facts supporting the use of other than full and open competition.

The Justification is based on FAR 6.302-1 Only One Responsible Source and No Other Supplies or Service Will Satisfy Agency Requirements. The period of performance will provide a minimal acceptable period to continue vital services that manage maintenance for the AM-Pro Licenses. This maintenance is vital to the ITC to maintain the current functionality of the current system as well as all dependent systems across the Commission.

9. A listing of any sources that expressed a written interest in the acquisition.

N/A

10. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The FCC IT team will continue to survey the market place for “like” services that provide similar functionality as the current subscription service; to include reviewing Gartner reports and conducting internet research.

Certification

[Technical and requirements personnel are required to certify that the supporting data which is their responsibility is complete and accurate. The contracting officer is required to certify that the facts and statements made in the justification are accurate and complete.] Please note that the COR should provide their name below but should not sign until the CO has reviewed the justification and requested signature.

Contracting Officer Representative (COR) Certification:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Name/Title/Office:

Signature and Date: _____________________________________

Contracting Officer (CO) Certification and Approval (up to $750 K):

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name/Title/Office: Click or tap here to enter text.

Reviews and Approvals

Senior Procurement Executive (SPE) Approval (if over $750 K):

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Activity Competition Advocate Approval (if over $5 M):

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.