Justification_and_Approval_(CATV)_-_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

I. Contracting Activity.

US Air Force 5th Contracting Squadron 165 Missile Ave Minot AFB, ND 58705

II. Nature and/or description of the action being processed.

The 5th CS proposes to procure by means of other than full and open competition, services from MidContinent Communications to provide, repair, and maintain cable TV service for Minot AFB, ND.

III. Description of supplies/services required to meet agency needs.

The Contractor shall provide all personnel, transportation, equipment, tools, parts, materials, supervision, and other items and services necessary to provide Cable Television (CATV) Services to include constructing, installing, operating, maintaining and/ or removing cable systems as defined in the Franchise Agreement. This service is for the base year of 1 October 2015 through 30 September 2016, with four option years.

IV. Statutory authority permitting Other than Full and Open Competition.

Acquisition by other than full and open competition is provided under the authority of 10 U.S.C. 2304(c)(1) and FAR 6.302-1(b) (1)(i) when there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by unique services that are available from only one source.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Minot AFB will be in the first year of a five-year Franchise Agreement with MidContinent Communications (MidCo) that takes effect on 1 October 2015 and expires 30 September 2020. This Franchise Agreement permits MidCo to install cables and other required infrastructure in government-owned facilities. To change cable providers would require the establishment of a Franchise Agreement with another vendor, plus the installation of all new infrastructure materials. MidCo provides local television channels, has the sole Franchise Agreement, and is the only cable television provider for the city of Minot and for Minot AFB. These local channels provide critical information on local events, weather issues, and other concerns that are vital to the base populace.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A special notice of intent to award a sole source contract to MidContinent Communications was posted on Federal Business Opportunities on 24 Aug 2015.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The complete contract price (base year and four option years), including all services, parts, infrastructure, travel and labor is estimated at Because of the sole source justification, prices will be compared with previous purchases and comparable/similar purchases made at other locations to ensure best value.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Research conducted revealed that MidContinent Communications is the only viable option to provide cable TV services to Minot AFB. The only other cable TV provider in the area is SRT Communications. However, when contacted, they stated that even

Justification and Approval (J&A) for Other Than Full and Open Competition though they provide cable TV services to small communities located in Bottineau, McHenry, McLean, Renville, and Ward Counties; they do not have the capability nor are they interested in providing this service to Minot AFB at this time.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

FAR 6.302-1(a)(2)(iii) states “For DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in --

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency's requirements.”

The current contract for cable services expires on 30 September 2015. To prevent a lapse in cable television services, performance under the contract awarded from this sole source procurement is required to start no later than 1 October 2015. It is not reasonable to believe another cable provider can install/construct a cable infrastructure in this time frame; nor is it economically feasible to assume that a cable provider would incur the cost of installing cable service for Minot AFB without passing a substantial amount of that expense onto the Government. In addition, if another contractor were to buy or lease the existing cable infrastructure from Midcontinent Communications, a substantial duplication in cost to the Government would be created.

X. List of sources, if any, that expressed interest in the acquisition.

No cable provider expressed an interest in providing this service to Minot AFB.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

N/A

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.