ATTACHMENT 3 - REDACTED JA - COMCAST NC.pdf

DEFENSE LOGISTICS AGENCY

DLA CONTRACTING SERVICES OFFICE - PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PENNSYLVANIA 19111-5092

CUI | Source Selection Information – See FAR 2.102 & 3.104

CUI

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY.

Requiring Activity:

Contracting Activity:

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED.

This justification authorizes the use of other than full and open competition for the procurement of brand name specific Comcast as a Business High Speed Internet Service Providor (ISP) to support DLA Distribution, New Cumberland, PA. The solicitation will be issued on an unrestricted basis as a Request for Proposal (RFP) posted to the Contract Opportunities in the Beta.SAM.GOV website, which has since replaced the Federal Business Opportunities (FBO) website. The award of a firm-fixed price contract is contemplated.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS, INCLUDING THE ESTIMATED VALUE.

The DLA Information Operations Network and Telecom Branch (J64B) is responsible for procuring and managing Business Internet Services requirements for Non-DLA connected equipment, augmentation of communication capabilities and support for cellular support for DLA locations and customers. Business High Speed Internet is necessary to provide a means of communication for increased wireless signals and a means for connection communication for non-DLA equipment within the DLA Enterprise.

CUI Designation Indicator Controlled By: DLA DCSO Philadelphia CUI Category: SSEL (Source Selection)

Distribution/Dissemination Controls (FED ONLY) POC/Contracting Officer: Christopher P. Lawrence / (215) 737-0987 / Christopher.Lawrence@dla.mil

For Official Use Only (FOUO)

The estimated dollar value for the proprosed FFP requirement is . This requirement will consist of one (1) 12-month Period of Performance (PoP). The PoP will be from October 13, 2023 through October 12, 2024. This requirement will be fully funded using FY24 funds.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION:

Pursuant to FAR 16.505(a)(4) and FAR 16.505(b)(2)(i)(B), an exception to the fair opportunity process is justified because brand-name Comcast services are essential to the Government’s requirements, and other companies’ similar products and services do not meet and cannot be modified to meet the Government’s needs. A brand-name item, whether available on one or more contracts, is an item peculiar to one manufacturer and may be procured by brand-name specification if essential to the Government’s requirements. The brand-name description for this acquisition effort – “Comcast” – are essential for the Government to fulfill its need to maintain interoperability throughout the DLA Enterprise, satisfy information security requirements, mitigate the risk of communication lapses and interruptions resulting from incompatibilities, and meet communication mission requirements.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF ACQUISITION REQUIRES USE OF

THE AUTHORITY CITED:

The Federal Communications Commission (FCC) defines high-speed internet as having a minimum download speed of 25 megabits per second (Mbps) and a minimum upload speed of 3 Mbps. Computers connected to the internet transfer information to each other in electronic packets which is simply a unit of data. Download speed is the speed at which information travels from the internet to your internet-connected device. Upload speed is the opposite. It is the speed at which information travels from your internet-connected device to the internet.

To help accomplish its mission of supporting the warfighter, DLA has a need to obtain High Speed internet Services from Comcast for its local and field site personnel. No competitor service exist in the market at this time as DirectTV doesn’t have internet and would require a DirectTV bundle with AT&T or CenturyLink. Verizon Internet solution is not available or compatible. Additionally, Comcast Internet plans are in 40 states and the download speed is 15-2,000 Mbps where Verizon is 9 states and has a Download speed of 200- 940 Mbps. DLA Information Operations (J6) has been designated to support DLA communication mission requirements. Obtaining Internet Services is one such way DLA Information Operations supports mission-critical communication.

Only brand-name Comcast services are capable of meeting the Government’s needs. There are no other similar products and services on the market that can meet, or be modified to meet, the Government’s need for high speed internet services in New Cumberland while satisfying information security requirements and ensuring the reliable transmission of mission-critical communication.

The brand name description “Comcast” is essential for the Government to meet mission requirements. The use of different Internet Service Providers services and equipment introduces risks that compromise communication, such as incompatible software and unavailable security patches.

DLA Distribution New Cumberland, PA requires High Speed internet connection in Building 430. The only other provider that provides service near DLA Distribution New Cumberland, PA is Verizon. However, Verizon does not currently provide service to the DLA Distriubtion complex location in New Cumberland, PA. Failure to procure this annual internet service will adversely impact DLA’s communication and informational service.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE:

The current action will be issued as a Request for Proposal (RFP) posted to the Contract Opportunities in the Beta.SAM.GOV website, which has since replaced the Federal Business Opportunities (FBO) website in accordance with FAR 5.201(b). All responsible parties will be given an opportunity to submit a proposal.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

As the Contracting Officer, I hereby determine that pricing will be fair and reasonable based on pricing analysis in accordance with FAR 15.404-1. It is anticipated that the Government will use various price analysis techniques including, but not limited to, (1) Comparison of proposed prices received in response to the solicitation; (2) Comparison with competitive published price lists; and/or (3) Comparison of proposed prices with the Independent Government Cost Estimate.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS:

The procurement and integration of a Business High Speed Internet other than Comcast would eliminate the current technologic integration currently established and create a burden on the government by requiring the removal and connection of equipment and applications that could compromise the DLA network by introducing devices and applications that cannot be harden in accordance with the mandated cybersecurity requirements.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION:

N/A.

10. A LISTING OF THE VENDOR SOURCES, IF ANY, WHICH EXPRESSED IN

WRITING AN INTEREST IN THE ACQUISITION:

11. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE

ANY SUBSEQUENT ACQUISITION FOR SUPPLIES OR SERVICES

REQUIRED:

DLA has and continues to exercise competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, both in industry and in the Government. As a continuing effort, DLA uses a variety of vendors, manufacturers, and contracts to fulfill its requirements and will continue its practice of surveying the market to ensure full and open competition.

12. CERTIFICATIONS.