J_and_A_for_Ibrahim_Final_Form_11_18_16_Final.docx

Broadcasting Board of Governors (BBG) Justification for Other Than Full and Open Competition (JOFOC) Frequency Modulation (FM) Broadcast Support in Middle East and North Africa

Based on the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractm1l action pursuant to the authority of 41 U.S.C. 3304(a) and the Federal Acquisition Regulation (FAR) Part 6.302-1 entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Identification Number (purchase request/solicitation number): _

1. Identification of the agency and contracting activity, The Broadcasting Board of Governors (BBG), Office of Management Services/Contracts (OMS/C), proposes to award a sole source contract on the basis of other than full and open competition for the Office of Technology, Service and Innovation (TSI). 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.

The action being approved is the award of a sole source contract for operational, maintenance and technical support throughout the Middle East and Arabic speaking North Africa. The contract requirements are highlighted in Paragraphs 3 and 5 below. The agency anticipates the award of an Indefinite Delivery, Indefinite Quantity (IDIQ) contract.

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

The total estimated value of this IDIQ contract is $15,846,507.00 for a base year and four (4) option periods. The work will be done under Firm Fixed Price (FFP) task orders. The incumbent Contractor shall provide the services listed below

a. Provide hosting services, operational and maintenance services and technical oversight for twenty-six (26) FM transmitter systems and five (5) television transmitter systems located at fifteen (15) widely separated sites in Iraq;

b. Provide technical oversight for two (2) FM transmitter systems in Jordan.

c. Provide technical oversight for six (6) FM transmitter systems in Lebanon, with one (1) providing coverage into Damascus, Syria;

d. Provide hosting services, operational and maintenance services and technical oversight for three (3) FM transmitter systems in Libya;

e. Provide site survey, installation, operational, maintenance and other technical oversight for one (I) FM transmitter system in Chad;

f. Provide site survey, installation, operational, maintenance and other technical services throughout the Middle East and Arabic speaking North Africa as required by the agency;

g. Provide timely technical support to maintain high transmission availability at all responsible transmission locations that the Contractor is responsible for supporting under the contract; and h: Provide ability to communicate in Arabic by telephone, simple messaging system (SMS) and/or email with all transmission locations.

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

The statutory authority permitting other than full and open competition is 41 U.S.C. § 3304 (a)(l) as implemented by FAR Subpart 6.302-1 entitled "Only one responsible source and no other supplies or services will satisfy agency requirements, full and open competition need not be provide for.

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

The intended Contractor is the incumbent. As a direct result of the efforts of this Contractor, the agency is currently operating twenty six (26) radio stations and five (5) television (TV) stations in Iraq, which are of critical importance to the agency's mission. In the event that the agency were to lose this FM and TV broadcasting infrastructure in the Middle East and Arabic speaking North Africa, it would be very costly and would require significant additional expenditures for the agency to re-establish such an infrastructure. Also, the agency could lose the audience that it has already established and it may not be able to get that audience back. This would be detrimental to the agency's mission. Therefore, it is vital that the agency have this broadcasting apparatus within the Middle East and Arabic speaking North Africa because this infrastructure is a critical part of the agency's mission to broadcast in the Middle East. In addition to the Middle East, the agency also operates, in significant part through the efforts of this Contractor, two (2) FM radio stations in Jordan, with one ( I ) providing coverage into Damascus, Syria, and three (3) FM radio stations in Libya. The required services of the Contractor are also needed to keep these Arabic speaking North African stations up and running or the agency will lose audiences in another strategic region of the world. There is no other known vendor who has the required facilities available, who possesses the detailed knowledge of the Agency's broadcast network and requirements, and has contacts in the region which have greatly benefited the Agency. Based on the agency's familiarity in these areas, it is the agency's opinion that the Contractor is presently the only known source who is reliable and capable of and authorized to continue the uninterrupted 24-hour FM transmissions and other broadcast operations support in the above countries required for the agency to carry out its statutorily mission. Additionally, because the Contractor has entered into leases throughout the area allowing the placement of agency's transmission equipment at appropriate locations, replacing the Contractor would require relocating the transmission equipment. Any attempt to relocate the transmission equipment to any other site (s) at this time would result in an undetermined length of interruption of FM broadcast support services, as well as considerable additional costs to the U.S. Government.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable. Include whether or not a FedBizOpps 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 notice of the Agency's intention to make a sole source contract award will be posted in accordance with FAR Part 5.202.

7. 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 Contracting Officer for this acquisition has determined that the cost to the Government for the above-stated acquisition will be fair and reasonable based on comparison to the Independent Government Cost Estimate (IGCE), and to prices the agency has paid for same and/or similar broadcast transmission services.

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

Market research conducted through Agency contacts in the region and on-line could not identify any additional sources beyond the Contractor, Mr. Ibrahim Alhajaj, who can meet the Agency's requirements. Should subsequent acquisition of the services required by this acquisition be necessary, the agency will conduct additional market research to try and identify additional firms that can provide the required specialized services and thus establish competition for such acquisitions.

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

Other than the information already stated above in this JOFOC, the Agency does not know of any other facts that are pertinent to supporting the use of other than full and open competition for this acquisition.

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

No sources have expressed any interest, either orally, or in writing, in this acquisition. All reasonable attempts have been made to encourage competition for this contract.

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

Should subsequent acquisition of the supplies and services required by this acquisition be necessary, the Agency will conduct additional market research to try to identify additional firms that cam provide the required supplies/services, and attempt to establish competition for such subsequent acquisition.