JUSTIFICATION FOR SOLE SOURCE AWARD.pdf

FCC 12R0008 - SamKii's Sole Source

JUSTIFICATION FOR SOLE SOURCE AWARD

I. Contracting Organization

Federal Communications Commission Contracts and Purchasing Center 445 12th ST SW Washington, DC 20554

II. Description of Action

The Federal Communications Commission (FCC) intends to award a sole source Firm- Fixed-Price contract for continued data collection services to SamKnows, with an estimated total contract price (including the option period) of $1,000,000 - $1,500,000.

This contract will have a period of performance of 1 base year and one (1) one (1) year option period.

III. Description of Supplies/Services

Prior to the Commission's undertaking of a national broadband plan, consumers wishing to learn more about their broadband performance had relied upon web based speed tests or load software onto their personal computers (PC's). Both are considered as "useful tools, but unreliable" by the industry experts and government regulators.'

Information that would allow consumers to answer questions about their broadband performance was not readily available in a consistent and easily understandable form, and studies show that consumers' awareness of their broadband service and its characteristics is limited. This lack of consumer awareness of basic elements of broadband performance led to the recommendation in the National Broadband Plan (NBP), released last year, that the Commission undertake several initiatives to help improve the availability of information for consumers.2 As part of the NBP, in March of 2010 the FCC made available a consumer-initiated online test of broadband speed. The purpose of the Consumer Broadband Test is to give consumers additional information about the quality of their broadband connections across their chosen ISP networks and to increase awareness about the importance of broadband quality in accessing content and services over the Internet. The Consumer Broadband Test has gathered data about how well the Internet is functioning, both generally and for specific ISPs at specific times. But the results of the software-based Consumer Broadband Test do not reliably capture the baseline connection quality provided by the consumer's broadband service: the core connectivity between an ISP and its subscribers, rather than between the rest of the Internet and those subscribers. Additionally, there is no standard testing methodology for

See CONNECTING AMERICA: THENATIONAL BROADBAND PLAN (2010), available at http://www.broadband.gov/plan/ ("NBP").

2 Id.at44-46.

Page 1 of8

FCC 12R0008 - SamKi1.. .is Sole Source software-based broadband performance tests, and the Consumer Broadband Test therefore uses two alternative testing methodologies, which also affects the consistency of the results.

In order to assess the speed claims made by ISPs, and to see how particular activities -such as browsing the web or watching streaming video - are impacted by different speeds, the FCC determined to complement the more general Consumer Broadband Test with more consistent tests of the speed of broadband delivered to American homes. In response to this and other concerns, the Commission began the 2011 broadband performance measurement study and report to satisfy the NBP's other recommendation to obtain and publicly release detailed and accurate measurements of consumer broadband performance on a national level.3 The 2011 report presented results of the first nationwide performance study of residential wireline (or "fixed," as opposed to mobile) broadband service in the United States using measurement technology deployed in the consumer's home, focusing on three technologies-digital subscriber line (DSL), cable, and fiber-to-the-home. The study examined service offerings from 13 of the largest broadband providers--which collectively account for approximately 86 percent of all U.S.

wireline broadband connections-using automated, direct measurements of broadband performance delivered to the homes of thousands of volunteer broadband subscribers during March 2011.

The FCC issued a Request for Quotations (RFQ) in March 2010 for its original requirement to study actual broadband speeds.4 Five quotes were received in response to this RFQ, and a contract was awarded to SamKnows in April 2010. That contract expired on March 31, 2011. On April 14, 2011, the FCC published a notice of intent to issue a sole source contract to SamKnows for continuation of the broadband measurement and testing services for an additional six months. The FCC awarded that sole source contract to SamKnows on May 3, 2011 and the contract expired on November 2, 2011.6

The FCC has determined that additional data collection, testing and verification are necessary to ensure that the FCC continues to have access to accurate broadband performance measurement data. The FCC intends to award a follow on contract to SamKnows for an additional period of one-year to enable the preparation of a 2012 study, with a one-year option period to include further data analysis and the preparation of a

NBP, Recommendation 4.4 at 45 See Consumer Information and Disclosure Public Notice CG Docket No. 09-158, CC Docket No. 98-1 70, WC Docket No. 04-36, Public Notice, DA 10-670 (rel. April 20, 2010), available at http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-1 0-670A1_Rcd.pdf Broadband Services Testing & Measurement, Solicitation Number:

RFQ-10-000013,

https://www.fbo.gov/index?s=opportunity&mode=form&id=96345 lb 1 f544b3 14a2524fa1 3dfb4325&ta b=core&cview= 1.

Contract Award Number: CON10000006.

6 Continued Test and Measurement Data Solicitation Number: RFQ11 0000SP 1, Contract Award Number:

PURl 1000013, available at httos://www.fbo.gov/?s=opportunity&mode=form&id=4f2th4 lb 1 6828e0d8fa40f60c96 I fb3b&tab=core & cview=0

FCC 12R0008 - SamKL s Sole Source

2013 study. The execution of a 2012 study will require that the technical features and methodologies of the 2011 study be replicated. Among the key tasks required to replicate the study are:

Task A. Plan of Action and Milestones (POA&M) within thirty (30) days after contract award (or 30 days after exercise of an option), addressing the following (at a minimum):

The contractor will work with the FCC to develop a work plan for replicating the 2011 measurement study and release of a 2012 "Measuring Broadband America V2.0" Report. The contractor's work plan will provide for milestones that will ensure the major tasks of the program are completed according to the proposed deliverable dates.

Task B - Attendance and support of collaborative meetings with interested stakeholders on a monthly basis.

Overall, 22 stakeholders contributed to the 2011 study, including 13 wireline ISPs; academic researchers from MIT and Georgia Tech; technology vendors and consumer groups; and other industry representatives. Most stakeholders, including all participating ISPs, signed a Code of Conduct, included in the Appendix to this Report, which helped ensure the integrity of the study and its results. Participants contributed significantly to this project by, among other things:

creating and agreeing on a standard methodology for testing broadband performance;

collaborating on the parameters for these tests; providing proposals for how to analyze the data;

validating the panelist information to ensure that the test results were properly correlated to the correct service tier; and developing strategies to maintain the privacy of the panelists and the integrity of the testing. The Contractor shall continue to support these efforts, including among other things, through attendance of these meetings.

Task C - Maintenance of the existing panel used in the 2011 study and report and such additional recruitment necessary to maintain the statistically relevant, technologically and geographically representative nature of the panel of consumers within 90 days after contract award (or 90 days after exercise of an option).

Task D - Monthly status on deployment of testing and measurement hardware and software solution at 30, 60, 90, 120, and 150 days after contract award (or exercise of an option).

Principals of the Contractor will brief FCC staff to support the ongoing analysis and planning of the program. Meetings may be deferred at the direction of FCC staff and meetings may be conducted by phone or at FCC headquarters.

Task E - Maintenance of a secure, publicly accessible web-based database that reports actual service coverage and performance by region and provider within 60 days after contract award (or 120 days after exercise of an option).

The contractor shall manage and perform such additional development of web-based visualization and data management tools that support the FCC's management and analysis of the study.

FCC 12R0008 - SamKL s Sole Source

Task F - Maintenance of existing measurement of speeds and performance of sample of panelists as specified in Task C. This work shall begin no later than 60 days after contract award (or 90 days after exercise of an option).

The Contractor shall continue the measurement of the speeds and performance of the existing representative, cost-effective, statistically relevant sample of US fixed broadband households across geographies, technologies and providers; continuing the measurement of performance of fixed line and fixed wireless broadband networks at various points across the network, on a weekly basis; measuring, collecting and reporting performance data at various points across the network as cunently measured; consistent with the technical features, policies and procedures defined in the FCC's "Measuring Broadband America" Technical Appendix [hereinafter Technical Appendix], available at http ://transition. fcc. gov/cgb/measuringbroadbandreport/technical appendix/Technical Appendix _Full.pdf.

Task G - Delivery of "US State of Broadband" report due within 210 days after contract award (or 240 days after exercise of an option) reporting results of data collected under Section 2.5 of the Statement of Work9 and addendum to report to be delivered within 345 days after contract award reporting results of data collected subseciuent to first main report.

The Contractor shall analyze data collected in the study and produce a report in cooperation with FCC staff. The report shall include a technical appendix describing the methodologies of the study, data analysis performed, and other technical descriptions to support third-party review and replication of the results described in the study. The data collected in the study and delivered with the report shall be delivered to the FCC in an digital format to be specified by the FCC.

IV. Authority

41 U.S.C. §sS 1901(a)(2) & (e) and 3305(a)(2), as implemented under FAR 13.501(a).

In furtherance of the National Broadband Plan and the necessity to continue the collection of broadband performance measurements, the agency intends to award a sole source contract to SamKnows. SamKnows is currently providing highly specialized data collection services to the Commission through the use of proprietary systems and processes it has developed. This acquisition will be conducted under FAR's Subpart

13.5 "Test Program for Certain Commercial Items" and pursuant to the sole source requirements of FAR 13.501(a).

V. Applicability of Authority

The software and hardware currently being used under this project are proprietary to SamKnows. The hardware with the propriety software contained within, has already been deployed and is being used by the pool of approximately 9000 panelists who were

FCC 12R0008 - SamKi. s Sole Source selected to participate in the study based, in critical part, on statistically relevant selection criteria proprietary to SamKnows, and whose identity known only to SamKnows.7

At this stage of the broadband performance measurement test, only one source exists to supply the services and materials necessary to repeat the 2011 study and continue this work to ensure the quality and consistency of the data results. For continued testing to be seamless and fully compatible with the data obtained in the 2011 study, the 2012 study must be conducted using the same panelists as used in 2011, which requires SamKnows' proprietary knowledge, software and hardware.

SamKnows holds expert knowledge of the performance aspects of how Internet Protocol functions as well as the implications of these performance characteristics for the suite of modern applications that consumers often use. The measurement and performance testing architecture held by the company include proprietary elements that are not replicable by other vendors. The software components are proprietary and held by SamKnows.

Significantly, the "white box" hardware deployed to the approximately 9000 sample participants are the property of the company and the identity of the panelists is known only to SamKnows. Thus another vendor would not be able to recommence testing with the existing sample group, which would qualify the integrity of the collection process and the compatibility of the data for purposes of comparative studies, projections, etc.

Replicating the measurement study with the existing panel and technology is of key importance to the policy goals of the program. The data must be gathered from the prior panel in order to develop time series analysis of changes in the panel's broadband use over the relevant periods. Moreover, a different panel would introduce methodological problems that would compromise the policy value of data gathered in the study.

In addition to the above, the time delays and duplication of efforts required by recompeting this requirement would severely impact the program's continuity.

Regardless of such adverse impacts, however, the study would be compromised by inconsistencies in data sources and collection processes that are proprietary to SamKnows, thereby jeopardizing the very integrity of the program's data and its usefulness in the FCC's analysis and development of policies to improve the public's access to broadband.

VI. Efforts to Obtain Competition

The original services were procured through a competitive process that resulted in the award of a contract to SamKnows in April 2010. After that contract expired, in April 2011 the FCC issued a notice of its intent to negotiate a 6-month sole source contract with SamKnows for continued measurement and testing services. No information is available that indicates a response was received to this request.

More than 78,000 consumers volunteered to participate in this study and a total of approximately 9,000 consumers were selected as potential participants and were supplied with specially configured routers. [2011 Report at 10].

FCC 12R0008 - SamKi s Sole Source

In accordance with FAR 5.20 1 a notice for this contract action was published in FedBizOpps on November 17, 2011

VII. Fair and Reasonable Costs

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the history of the FCC's contracts with SamKnows. The original requirement was awarded through the process of competition. Pricing for these services were evaluated at the time of the award and SamKnows was determined to have fair and reasonable pricing at the time. The current need for services is similar to that of the original requirement

VIII. Market Research

The FCC issued a Request for Quotations (RFQ) in March 2010 for its original requirement to study actual broadband speeds. Five quotes were received in response to this RFQ, and a contract was awarded to SamKnows in April 2010. That contract expired on March 31, 2011. On April 14, 2011, the FCC published a notice of intent to issue a sole source contract to SamKnows for continuation of the broadband measurement and testing services for an additional six months.

The FCC intends to award a follow on contract to SamKnows to enable preparation of a 2012 study, with a one-year option period to include further' data analysis and the preparation of a 2013 study.

SamKnows is the only vendor capable of repeating the 2011 study and report. The FCC requires the data to be collected and analyzed in the same manner and to be consistent with the 2011 data study. No further market research has been conducted

IX. Other Facts

N/A

X. Interested Sources

N/A

XI. Steps to Foster Competition

The FCC only intends to implement this program for no more that 2 years. The FCC intends to transition this program to an industry lead measure and value there by eliminating the need for direct FCC involvement

FCC 12R0008 - SamKnows Sole Source

Technical Certification:

I certify that the above facts, with respect to the technical requirements to include the historical data, are complete and accurate to the best of my knowledge and belief.

r Attorney Advisor e of Engineering and Technology

Contracting Officer's Certification:

'Date

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

Contracting Officer Office of Managing Director - CPC

HCA Concurrence:

I concur with the content of this justification and recommend approval by the Competition Advocate.

Timothy Smith Date Head of Contracting Activity Office of Managing Director - CPC

SPE Concurrence:

I concur with the content of this justification and recommend approval by the Competition Advocate.

is/17/ori oseph Giuliani Date Senior Procurement Executive Office of Managing Director - CPC

FCCI2R0008 SamKnows Sole Source

Approval:

This justification is a Droved.

LI

Competition Advocat Office of Managing Director

Page 8 of S