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

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Updated: 15 Mar 16

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

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

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

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< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M Contracting Activity: 87th Contracting Squadron, Joint Base McGuire-Dix-Lakehurst, NJ 08641 Purchase Request / Local ID Number: F3A3L35293AC01 Program / Project (and PE, if applicable): Cable Television Program Type (PEO or Other Contracting): Other Contracting Authority (include full title): 41 U.S.C. 1901 as implemented by FAR 13.501(a)(1)(ii) Sole Source Acquisitions Estimated Contract Cost (including options): $917,160.00 J&A Type: Class Individual file_2.wmf

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

FOR OFFICIAL USE ONLY

Sign and Save Procedure COORDINATION (A F F A R S 5 3 0 6 . 3 0 4 ( a) ) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date 04 May 2016 Contracting Officer Christine T. Lehtinen

87 CONS/LGCC/609 754-4843

Signature LEHTINEN.CHRISTINE.T Digitally signed by LEHTINEN.CHRISTINE.T.1228949112 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=LEHTINEN.CHRISTINE.T.1228949112 .1228949112 Date: 2016.05.04 14:54:30 -04'00' Date

5 MAY 2016

Project Lead / Program Mgr / Requiring Activity Adam McGeer [ Office Symbol / Phone Number ] Signature MCGEER.ADAM.12409 Digitally signed by MCGEER.ADAM.1240958771 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, 58771 ou=USAF, cn=MCGEER.ADAM.1240958771 Date: 2016.05.05 08:14:56 -04'00' Date 06 May 2016 Installation Competition Advocate Suzanne Edgar

87 CONS/LGCD/609 754-5927

Signature EDGAR.SUZANNE.MAR Digitally signed by

EDGAR.SUZANNE.MARTHA.1029454945

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, THA.1029454945 ou=USAF, cn=EDGAR.SUZANNE.MARTHA.1029454945 Date: 2016.05.06 09:59:06 -04'00' Date 12 May 2016 Local Legal Reviewer Capt Anthony Chanrasmi

87 ABW/JA / 609-754-8020

Signature CHANRASMI.ANTHONY Digitally signed by

CHANRASMI.ANTHONY.VINCENT.1464354847

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, .VINCENT.1464354847 cn=CHANRASMI.ANTHONY.VINCENT.1464354847 Date: 2016.05.12 08:09:03 -04'00' Date 17 May 2016 Chief of the Contracting Office (COCO) Aarti U. Puri, Lt Col

87 CONS/LGCC/609 754-5926

Signature PURI.AARTI.U.1020918 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, Digitally signed by PURI.AARTI.U.1020918140

140 ou=USAF, cn=PURI.AARTI.U.1020918140 Date: 2016.05.17 07:46:16 -04'00'

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

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APPROVAL (A F F A R S 5 3 0 6 . 3 0 4 ( a) ) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date 17 May 2016 Command Competition Advocate Gregory S. Oneal

AFICA/KM/DSN 779-0267

Signature ONEAL.GREGORY.S.12 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, Digitally signed by ONEAL.GREGORY.S.1230391013

30391013 ou=USAF, cn=ONEAL.GREGORY.S.1230391013 Date: 2016.05.17 15:26:10 -05'00'

Note 1: See guidance at the end of this document for completing the following sections. Note 2: Each field will expand automatically if additional space is needed.

Contracting Activity.

The 87th Contracting Squadron, 2402 Vandenberg Avenue, Joint Base McGuire-Dix-Lakehurst (JB MDL), NJ 08641 is responsible for this justification for other than full and open competition. The respective funding document is F3A3L35293AC01.

Nature and/or description of the action being processed.

This action will be awarded as a new firm-fixed-price requirements "subscription" contract with an estimated ceiling cost of $917,160.00 under the sole franchise agreement for cable television services. The resulting "subscription" contract will be for a base period of one year and four option years.

Description of supplies/services required to meet agency needs.

Under the contemplated contract, Comcast of Garden State, LP will furnish all labor, equipment, repair/ replacement parts and supplies, services and materials for the engineering, installation, operation and maintenance of Cable Television (CATV) service on the McGuire and Dix areas of JB MDL in accordance with the signed franchise agreement. The contractor shall perform operation and maintenance of the CATV infrastructure required to ensure the CATV is available 24 hours per day, seven days per week. The quantity of cable drops and boxes is projected to fluctuate; however, the most current need is 1,572 standard basic cable drops, six CV boxes, three DVR's, two HBO drops, and eleven J7000 drops. Note: While the Franchise agreement does cover Lakehurst, the current need is only for the McGuire and Dix areas of JB MDL and the existing infrastructure within these areas. Furthermore, the state franchise agreement for Ocean County (Lakehurst) is also with Comcast.

The total estimated cost for this requirement is $917,160.00 which will be funded with O&M and NAF funds. The period of performance are 24 May 2016 thru 23 May 2017 (base year); 24 May 17 thru 23 May 18 (option year 1); 24 May 18 thru 23 May 19 (option year 2); 24 May 19 thru 23 May 20 (option year 3); and 24 May 20 thru 23 May 21 (option year 4).

Statutory authority permitting Other than Full and Open Competition.

41 U.S.C. 1901 as implemented by far 13.501(a)(1)(ii)

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

In accordance with AFFARS 5341.102(b)(3) Cable Television Services Resources Guide a franchise agreement is required to allow a cable operator to transmit television signals and operate a cable television (CATV) system on the installation. Furthermore, although 47 U.S.C. 541 (a)(1) states that a franchising authority may award more than one franchise within its jurisdiction, JB MDL has solicited interested concerns to submit their capabilities, however, no responses were received.

Comcast of Garden State L.P., is the sole holder of a franchise agreement for JB MDL, and has been the sole provider of CATV services for McGuire since 2002. They provide, at no cost to the Government, one Government Access Channel and one Educational Access Channel on the system for non-commercial use by the Government IAW Title 47, United States Code, Sections 53 l and 54 l(a)(4). The access channel is designed and constructed to permit the government to originate programming for the Government access channel from facilities located on the base. One of the requirements of the Government access channel is that it cannot be viewed outside of the base. This is not technically feasible for satellite-based TV programming providers.

The 87 Communications Squadron believes that award to any other source besides Comcast, as they are presently the only firm capable of providing these CATV services, would result in unacceptable delays in fulfilling the Joint Base's requirements. While other companies may have the capability to provide this service, to include Verizon with their Fiber Optic System (FiOS) none have expressed any interest. Contact was made with Verizon New Jersey POC on 29 April 2016 who stated that their business plan does not include plans to implement FiOS at JB MDL. Unacceptable delays incurred by awarding to any other source than Comcast would effectively shut-down the CATV services throughout McGuire and Dix and their mission partners to include Air Force, Marine Corp, Navy, Army Reserves and National Guard, Coast Guard, Air National Guard, Communications Electronics Research and Development Command, Red Cross, etc.

Accordingly, Comcast is the only firm capable of providing services described in Section III above without JB MDL experiencing unacceptable delays in fulfilling its requirement.

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

Because the establishment of a franchise agreement does not mean exclusivity, a search of SBA's Dynamic Small Business search was conducted on 13 November 2015 and 8 February 2016, using NAICS code 517110 and keyword "television", which resulted in five additional small business sources. Three of the sources were contacted in Mar/Apr 16 (Core Technologies is listed as excluded in SAM and UMC did not respond to our call), however, Near Future was not interested and Advanced Communication and E&E did not provide cable television services.

A notice of intent to award a sole source contract was posted on FBO 17 Feb 16 under solicitation FA4484-16-R-0017 which stated that any interested concerns having the ability to meet the government's requirement may submit a capabilities statement. No responses were received.

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

Although NJ Board of Public Utilities Office of Cable Television reviews the rates charged for basic service, the contracting office will determine the price fair and reasonable by comparing the latest published prices to the prices of the two previous contracts which had previously been found fair and reasonable IAW FAR 13.106-3(a)(2).

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

In addition to the research noted above in Section VI, satellite television providers were researched, however, this is not an acceptable solution because of the requirement for a government access channel and uninterrupted service. The mission requirements of CATV users across JB MDL require reliable, uninterrupted access to monitor local, national and international events, and significant weather trends. The Emergency Operations Center (EOC) needs to track weather several days in advance in order to ensure that responders are properly prepared for the elements. Satellite television is subject to rain, cloud, ice, snow and tree fades and therefore, cannot provide uninterrupted service. CATV functions in all weather conditions, making it a much more viable and safer choice in extreme conditions. Leadership relies on that capability to make decisions based on significant weather trends.

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

None.

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

See Section VI above.

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.

87 CONS and 87 CS will continue to search for additional sources for cable television services by periodically placing sources sought notices on FBO. 87 CS is currently testing IPTV at multiple locations across the Joint Base for possible implementation throughout the entire Joint Base in the future.

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.

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.

Remove the Guidance pages below. Remove the IACR pages below.