JA_BWU_Final_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification, Supporting Procurements under

FAR Part 12, FAR Subpart 13.501, and FAR Part 15

Purchase Request Number: CMTNSK146006 Contract Number: To be determined (TBD) Procurement Title: Commercial Satellite Communications (COMSATCOM) Bandwidth Monitoring and Utilization Assessment and Reporting Contracting Office: Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO)-Scott, PL8222 Statutory Authority: Section 4202 of the Clinger-Cohen Act of 1996 and FAR 6.302-1

JUSTIFICATION FOR OTFAOC

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate, hereby approve the use of OTFAOC of the proposed contractual action pursuant to the statutory authority of Section 4202 of the Clinger-Cohen Act of 1996. The regulatory authority is FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agency:

DISA (COMSATCOM) Center (NSK2)

6906 Cooper Avenue Fort Meade, Maryland 20755-7086

b. Contracting Office:

DISA/DITCO/PL8222

2300 East Drive Scott Air Force Base, Illinois 62225-5406

COMSATCOM Bandwidth Monitoring and Utilization Assessment and Reporting

2. NATURE/DESCRIPTION OF ACTION(S):

a. The nature of this action is to issue a sole-source firm fixed price contract for COMSATCOM Bandwidth Monitoring and Utilization Assessment and Reporting to SAT Corporation, a large business. COMSATCOM Bandwidth Monitoring and Utilization Assessment and Reporting will enable DISA’s COMSATCOM Center to track and report actual spectrum utilization across all COMSATCOM contracts. This reporting will be used to gain a more comprehensive understanding of how efficiently Combatant Commands, Services, and Agencies (CC/S/As) are actually utilizing the bandwidth they have procured. Results derived from this service will enable the COMSATCOM Center to make better informed procurement decisions on future COMSATCOM contracts.

b. The period of performance (PoP) is for 1-year, from date of award, estimated from September 15, 2014 through September 14, 2015, and will include four, 1-year option periods.

Fiscal year 2014 Defense Working Capital Funds are provided using an Air Force Form 9, CMTNSK146006. The applicable North American Industry Classification System Code is 517410, Satellite Telecommunications.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. The SAT Corporation’s globally managed Satellite Communications (SATCOM) Network Operations Services utilizes their global network of antenna sites equipped with SAT Corporation satellite carrier monitoring system, MONICS®, to monitor the satellite carrier performance of all planned satellite carriers on a transponder lease.

b. This effort is underway to provide the Government with a solution that will enable the

COMSATCOM Center to expand its ability to accomplish its current mission as well as provide the capability to meet future mission requirements. Use of SAT Corporation’s COMSATCOM Bandwidth Monitoring and Utilization Assessment and Reporting Service by the Department of Defense (DoD) will enable greater efficiencies and reduce risk to the mission.

c. The results of the COMSATCOM Bandwidth Monitoring and Utilization Assessment and

Reporting Service will be used to drive further cost savings in the total amount the DoD spends on COMSATCOM leases by identifying underutilized leases and either sharing that bandwidth with another CC/S/A or re-competing the contract at the end of its PoP for a smaller amount of bandwidth.

d. The PoP for this action is as follows:

Base Year September 15, 2014 – September 14, 2015 Option Year 1 September 15, 2015 – September 14, 2016 Option Year 2 September 15, 2016 – September 14, 2017 Option Year 3 September 15, 2017 – September 14, 2018 Option Year 4 September 15, 2018 – September 14, 2019

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4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements, Section 4202 of the Clinger-Cohen Act of 1996 and FAR 6.302-1/Defense FAR Supplement 206.302-1.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. Description of events. The amount that the DoD spends on, and how it uses, COMSATCOM bandwidth has been the focus of multiple inquiries and directed studies from Congress, Office of the Secretary of Defense, and United States Government Accountability Office. DISA is charged with procuring all COMSATCOM services for the DoD, and, as a result of these studies and reports, including the directed COMSATCOM Assessment Tiger Team Study and the DoD response to Senate Report 113-44, “Satellite Communications Strategy Report,” the need for greater knowledge of actual use of satellite capacity leased by the DoD has been identified multiple times.

b. Justification:

(1) Minimum Government requirements. The Government requires near-real-time monitoring of all identified COMSATCOM radio frequency (RF) links, networks, and bandwidth segments leased by the DoD on commercial geostationary communications satellites at C-, X-, Ku-, and Ka-band frequencies. This monitoring must be accomplished independent of Government owned facilities using commercially available capabilities owned or leased and operated by the contractor. Using the results derived from the RF monitoring, the contractor shall measure and compare rates of power and bandwidth in use to those rates authorized and/or planned for each specified bandwidth segment. Data shall be compiled monthly and reported for each reporting period, along with cumulative statistics on utilization to-date. Metrics shall be developed and reported in the form of: ranges of spectrum occupancy over the reporting period by segment; average amount of bandwidth used (as a percent of the total authorized) for each segment; network utilization rates (for RF spectrum reserved for demand access multiple access or multi-frequency time division multiple access network use), total number and average length of access for designated part-time (occasional) users for each segment.

(2) Proposed sole source contractor. SAT Corporation, a large business, is the only contractor that can perform this task using their globally managed SATCOM Network Operations Monitoring Services. No other contractors were identified, other than SAT Corporation, that provide spectrum monitoring and bandwidth utilization as a commercially available service.

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

Bandwidth Monitoring and Utilization Assessment and Reporting service is required to be performed across all commercial satellites that are leased by DISA globally. This service must be satellite owner/operator and reseller agnostic in order to effectively monitor all of the leased COMSATCOM bandwidth and report the global spectrum utilization across all COMSATCOM constellations and contracts. Due to the complexity of this requirement, the

3 of 4 Pages large amount of capital investment costs of procuring the spectrum monitoring equipment, antenna and commercial teleport leasing costs, terrestrial network infrastructure, and 24x7 staffed Network Operations Center required to accomplish this task for a global network, there are no other companies that provide this type of service.

(4) Demonstration of unique source. Interviews with satellite owner/operators and resellers, SAT Corporation capabilities demonstrations, online research, interviews with subject matter experts familiar with the technical requirements of this effort, and other market research concluded that no other service providers have been identified that can provide global enterprise COMSATCOM Bandwidth Monitoring and Utilization Assessment and Reporting Service.

(5) Procurement discussion. Due to the unique features and mandatory requirement, the only known service to meet the Government minimum requirement is SAT Corporation’s services. No other COMSATCOM service provider can independently conduct this type of service.

(6) Impact: Failure to procure this service would result in an inability to provide new situational awareness reporting requirements for COMSATCOM, and a continued status quo in the inefficient use of COMSATCOM by the DoD.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES:

A synopsis for this action will be published on the Federal Business Opportunities (FedBizOpps) website, as required by FAR 5.201. The synopsis will completely identify the Government’s minimum mandatory requirements.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will perform an evaluation of the offeror’s proposal and proposed costs to ensure the costs are fair and reasonable based on comparison with the cost or prices outlined below. The Contracting Officer will also determine the pricing information valid for comparative purposes. Certified cost or pricing data is not required for this commercial acquisition, in accordance with FAR 15.403-1(b)(3). Proposal pricing of the sole source provider will be compared with the following pricing information:

a. Commercial price list or published market prices for the service.

b. Independent Government cost estimate pricing for the required support renewal.

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