E20 Sole Source J_A_FAR 13.5_Redacted.pdf

CUI//SP-SSEL

Teleport Satelite Services- Diego Garcia

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Controlled By: DMA Controlled By: Mission Support CUI Category: Acquisition & Procurement Distribution/Dissemination Control: FEDCON POC: dma.meade.ms-tech-svs.list.ts-requirements-division@mail.mil

(Source Selection Information - See FAR 2.101 and 3.104) updated August 15, 2023

SOLE SOURCE JUSTIFICATION AND APPROVAL (J&A)

Federal Acquisition Regulation (FAR) Subpart 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR Subpart 13.5 procedures)

Purchase Request Number:

Contract Number: TBD Task/Delivery Order Number: N/A Procurement Title: Teleport Satelite Services- Diego Garcia Estimated Value:

Statutory and Regulatory Authority: (See Para. 4 below)

J&A Log Number:

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR Subpart 13.5.

1. REQUIRING ACTIVITY AND CONTRACTING ACTIVITY:

Requiring Activity:

DMA HQ/American Forces Network (AFN)-Diego Garcia 6700 Taylor Avenue Fort Meade, MD 20755

Contracting Activity:

DMA HQ, Acquisition and Procurement Directorate 6700 Taylor Avenue Fort Meade, MD 20755

2. NATURE/DESCRIPTION OF ACTION: The satellite reception services required for Defense Media Activity (DMA)/American Forces Network Diego Garcia (AFN/DG) cannot be procured via full and open competition because the services are unique to this contractor.

DMA/AFN/DG is the AFN Television (TV) and radio station for Naval Support Facility Diego Garcia, a part of the British Indian Ocean Territory (BIOT). The programming originates from the AFN uplink in Riverside, California (CA) in the form of digital signals and is transmitted to the Indian Ocean Region (IOR) via satellite. AFN/DG picks up AFN programming from the satellite and broadcasts it over the air to the local audience. The contractor must have the appropriate equipment, expertise and requisite authority granted via an exclusive license from

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(Source Selection Information - See FAR 2.101 and 3.104) the British Government to receive the TV, radio and data from the satellite and transport it to the AFN station.

This will be a Firm Fixed Price contract utilizing FY24 O&M funds.

3. DESCRIPTION OF SUPPLIES/SERVICES: DMA/AFN DG has a requirement for continuous leased video/audio/data downlink and connectivity satellite service in support of the AFN Radio and Television Service Direct to Sailor (DTS) service. The primary purpose of this required service is to provide downlink of the C-Band signal from the IOR SES New Skies (NSS-12) and any follow-on international satellite serving Diego Garcia, BIOT under separate ongoing contract(s). The government provides a single carrier (MCPC) digitally compressed video, audio and data signal containing: four video channels with associated stereo audio and four stereo music channels. The contractor provides a primary downlink with fully redundant electronics, and connectivity of this signal to the government-provided decoder(s) in the DMA/AFN Broadcasting Detachment, Diego Garcia. This service is required 24 hours a day, seven (7) days per week, continuously. The contractor shall manage, operate, and maintain the services end-to-end (downlink and connectivity from downlink to DMA/AFN-DG.

1. The contractor provides a primary downlink with fully redundant electronics, and connectivity of this signal to the government-provided decoder(s) in the DMA AFN Broadcasting Detachment, Diego Garcia.

2. There is only one satellite which beams the full spectrum of DTS programs in the Diego Garcia region: SES New Skies 12 (NSS-12). A large, complex, and expensive, 7.3 meter satellite antenna is required to receive the signals.

SURE (Diego Garcia) Limited (LTD) has the required antenna installed and the exclusive landing rights granted by the British Government and assigned to SURE Diego Garcia, LTD

The Delivery Schedule Period of Performance is proposed to be five (5) years, to include a base year and four (4) option years to be exercised at the Government�s convenience.

DMA and AFN must have a follow on contact to HQ0516-23-P-0020 which will expire on 17 August 2024. Without a contract, AFN on Diego Garcia will cease program delivery, causing mission failure.

4. IDENTIFICATION OF STATUTORY AUTHORITY

(a) 41 United States Code 1901 as implemented in Federal Acquisition Regulation

13.501(a)(1)(ii), Brand Name Sole Source Acquisitions using Simplified Procedures for Certain Commercial Products and Commercial Services.

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(Source Selection Information - See FAR 2.101 and 3.104)

5. DEMONSTRATION OF CONTRACTOR�S UNIQUE QUALIFICATIONS: SURE (Diego Garcia) LTD is the only telecommunications entity on Diego Garcia. It has exclusive rights, granted by the British government, to provide commercial communications for the island. SURE, has provided satellite and telephone service to the DG community for more than 30 years. They have experience acquiring and delivering the digital signals needed by AFN DG.

Unique Equipment: There is only one satellite which beams the full spectrum of AFN programs in the Diego Garcia region. A large, complex, and expensive, 7.3-meter satellite antenna is required to receive the signals. SURE, has the required antenna already installed.

(a) Justification.

(1) Minimum Government Requirements.

SURE Diego Garcia, LTD is the only approved telecommunications provider on Island and has the requisite exclusive approval from the British Government for delivery of Telecommunications Service including downlink capability of Satellite Transmission.

(2) Proposed sole source contractor.

SURE (Diego Garcia) Limited House, 9th Floor.

Hamilton, Pembroke HM 11 Bermuda

CAGE: KD6J0

(3) Discussion regarding cause of the sole source situation.

The sole source is due to the exclusive landing rights granted by the British Government and the location of Diego Garcia being a part of the British Indian Ocean Territory (BIOT).

(4) Impact.

The detrimental effect of not providing this service would be the loss of AFN programming on Diego Garcia.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES: A sources sought synopsis posted on System for Agency Management will not yield any sources.

7. DETERMINATION OF FAIR AND REASONABLE COST: The anticipated cost of the extended services to the Government is fair and reasonable based upon total cost of previous contract agreements with SURE Diego Garcia, LTD for the fact that the cost does not exceed one half of the cost for the current option period.

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(Source Selection Information - See FAR 2.101 and 3.104)

8. MARKET RESEARCH: Market research shows that SURE is the only source with authorized rights, granted by the British Government, to provide commercial communications for the island of Diego Garcia. There are no other sources with the required rights/license granted by the British Government to date.

Copy of the License is included as Attachment A.

9. OTHER SUPPORTING FACTS: Not applicable.

10. LISTING OF INTERESTED SOURCES: None. When market research was conducted, no other sources expressed interest in this requirement. As stated in Para. 6 above, a synopsis will be published prior to issuance of solicitation or contract award.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

Procurement History.

Contract number HQ0516-23-P-0020 Competitive status Sole Source Type of set aside Large (Foreign)

Contract number HQ0516-18-C-0010

Type of set aside Large (Foreign)

Contract number HQ0516-15-P-0020

Type of set aside Large (Foreign)

(a) Actions to Remove Barriers The agency will continue to monitor the status of available sources in the market to procure this service. If a new source becomes available, the agency will assess its ability to meet all the requirements and provide this service in the future.

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CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104)

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

DATE:

Chief, COMMUNICATIONS Mission Support/Enterprise Engineering

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

DATE:

Director, Mission Support/Enterprise Engineering

PHONE:

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

DATE:

Contracting Officer/ DMA A&P

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO