HC101317A0004_JA_BRIDGE_MOD02_20231129 Redacted.pdf

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LIMITED SOURCE JUSTIFICATION & APPROVAL (J&A)

FEDERAL ACQUISITION REGULATION (FAR) PART 8 ACQUISITIONS

Multiple Award Schedule (MAS)/Multiple Award Contract Orders under MAS/General Services Administration Schedules (GSA)/Federal Supply Schedules

(FSS) FAR 8.405-6

Purchase Request Number: Not Applicable (N/A) Contract Number: GS-35F-0122X/HC101317A0004 Task/Delivery Order Number: N/A Procurement Title: CSS0068 – Consolidated Standard Inmarsat Broadband Global Area Network (BGAN) and Global Xpress (GX) Services for the Department of Defense (DoD) and Federal Agencies Blanket Purchase Agreement (BPA) Bridge Estimated Value: $ + $ (MOD 01) + $ (MOD 02) (BPA ceiling remains $ ; no additional ceiling required for the bridge action) Statutory and Regulatory Authority: 41 U.S.C. 152(3) and FAR 8.405-6(a)(1)(i)(C)

J&A Number: N/A

Upon the basis of the following justification, I, as Contracting Officer, hereby approve this limited source justification pursuant to the authority of FAR 8.405-6(a)(1)(i)(C). The acquisition referenced herein is conducted under the Statutory Authority of the Multiple Award Schedule Program, 41 U.S.C. 152(3).

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

United States Space Force (USSF) Space Systems Command (SSC) Commercial Satellite Communications Office (CSCO) 6910 Cooper Avenue Fort Meade, Maryland 20755

Contracting Activity:

Defense Information Systems Agency (DISA)/Defense Information Technology Contracting Organization (DITCO) PL8221 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S):

ORIGINAL: The nature of this action is to procure continued critical communications services in support of DoD and Federal Agencies via a bridge modification to the current BPA

CSS0068 - Consolidated Standard Inmarsat BGAN and GX Services for the DoD and Federal Agencies BPA Bridge MOD 02

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(HC101317A0004, tracked as CSS0068 and issued under GSA Multiple Award Schedule Contract GS-35F-0122X). The current BPA expires March 31, 2023, and there is an urgent need to continue services. The period of performance (PoP) for the bridge modification is three months. This action will ensure continued service for BPA orders until the remaining orders are discontinued or transitioned from HC101317A0004 to the competitively awarded HC101322A0007 (tracked as CSS0100). The estimated price of this extension period (already included in the current BPA ceiling) is $ . Funding will continue to be obligated at the order level utilizing the appropriate fiscal year Defense Working Capital Funds. This bridge supports the remaining 817 individual BGAN orders and will ensure no service interruption while providing these mission partners sufficient time to transition services to the new BPA.

MOD 01: The current BPA expires June 30, 2023, and there is an urgent need to continue services. An additional bridge modification will be issued to ensure continued service for BPA orders for five months. The estimated price of the original extension period (April 1, 2023 through June 30, 2023) is $ . The estimated price of the MOD 01 extension period (July 1, 2023 through November 30, 2023) is $ , for a total of $ (MOD 01 increase of $ above the original J&A). This modification will maintain the original BPA ceiling .

Funding will continue to be obligated at the order level utilizing the appropriate fiscal year Defense Working Capital Funds. This bridge supports the remaining 261 individual BGAN orders and will ensure no service interruption while providing these mission partners sufficient time to transition services to the new BPA.

MOD 02: The current BPA expires November 30, 2023, and there is an urgent need to continue services. An additional bridge modification will be issued to ensure continued service for BPA orders for two months. The estimated price of the original extension period (April 1, 2023 through June 30, 2023) is $ . The estimated price of the MOD 01 extension period (July 1, 2023 through November 30, 2023) is $ , for a total of $ (MOD 01 increase of $ above the original J&A). The estimated price of the MOD 02 extension period (December 1, 2023 through January 31, 2024) is $ . This modification will maintain the original BPA ceiling. Funding will continue to be obligated at the order level utilizing the appropriate fiscal year Defense Working Capital Funds. This bridge supports the remaining 107 individual BGAN orders and will ensure no service interruption while providing these mission partners sufficient time to transition services to the new BPA.

3. DESCRIPTION OF SUPPLIES/SERVICES:

ORIGINAL: This BPA bridge will provide continued BGAN services under existing orders in support of the DoD and Federal Agencies. The requirement allows continuation of critical, real-time communications in support of warfighter missions and deployed units in all regions of the globe until such time as the existing orders can be transitioned to the already-awarded follow-on BPA, HC101322A0007. The PoP for the bridge modification will be three months.

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The estimated price of this extension period (already included in the current BPA ceiling) is

MOD 01: The estimated price of the additional extension period (already included in the current BPA ceiling) is $ .

MOD 02: The estimated price of the additional extension period (already included in the current BPA ceiling) is $ .

4. IDENTIFICATION OF LIMITED SOURCE AUTHORITY AND DEMONSTRATION OF

CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Circumstances Justifying Limiting the Source.

FAR 8.405-6 (a)(1)(i)(C), in the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

(b) Description of the Justification.

ORIGINAL: This justification is to extend services previously awarded on a competitive basis to COMSAT, Inc., hereafter referred to as COMSAT. Failure to maintain the existing communications services provided by COMSAT until services can be transitioned to the replacement BPA would result in loss of critical communications to hundreds of end users. The current Inmarsat BGAN and GX Services BPA, HC101317A0004, is scheduled to expire March 31, 2023. The follow-on BPA, HC101322A0007, has been competitively awarded to the incumbent contractor. Since the September 2022 award of HC101322A0007, 1,762 of the 2,579 then-active orders under HC101317A0004 have been discontinued or transitioned to the new BPA. USSF CSCO, DITCO, and the contractor (COMSAT) have made significant attempts to contact all mission partners with active orders remaining under HC101317A0004, but additional time is required to transition or discontinue the remaining orders from the predecessor BPA to the newly awarded BPA. This transition is anticipated to be completed within the next 3 months. COMSAT understands the requirements and possesses the requisite expertise and relevant experience to continue performance.

MOD 01: The current Inmarsat BGAN and GX Services BPA, HC101317A0004, is scheduled to expire June 30, 2023. The follow-on BPA, HC101322A0007, has been competitively awarded to the incumbent contractor. During the April 1, 2023 through June 30, 2023 extension period, 556 orders were discontinued or transitioned to the new BPA. Since the September 2022 award of HC101322A0007, 2,318 of the 2,579 then-active orders under HC101317A0004 have been discontinued or transitioned to the new BPA. USSF CSCO and DITCO have continued to contact mission partners to request the

Page 4 of 8 Pages services be discontinued or transitioned. To avoid a lapse in critical communications services, this modification will extend the BPA and 261 still active orders an additional five months, through November 30, 2023.

MOD 02: The current Inmarsat BGAN and GX Services BPA, HC101317A0004, is scheduled to expire November 30, 2023. The follow-on BPA, HC101322A0007, has been competitively awarded to the incumbent contractor. During the July 1, 2023 through November 30, 2023 extension period, 154 orders were discontinued or transitioned to the new BPA. Since the September 2022 award of HC101322A0007, 2,472 of the 2,579 then-active orders under HC101317A0004 have been discontinued or transitioned to the new BPA. USSF CSCO and DITCO have continued to contact mission partners to request the services be discontinued or transitioned. To avoid a lapse in critical communications services, this modification will extend the BPA and 107 still active orders an additional two months, through January 31, 2024.

(c) Justification:

(1) Minimum Government requirements.

The Government requires continuation of the active Inmarsat BGAN orders to avoid a loss of service to hundreds of end users on the current BPA, HC101317A0004.

BGAN services include dynamic IP, voice, video, data, and messaging in all regions of the globe (except polar regions) on a worldwide basis for landmasses between 60 degrees North and 60 degrees South. BGAN services support the full spectrum of DoD and Federal Agency operations, to include Overseas Contingency Operations;

therefore, maintaining full-time availability of services is of the highest importance.

(2) Proposed sole source contractor.

ORIGINAL: The proposed sole source contractor is COMSAT. COMSAT is the incumbent and thus the only source that can meet the Government’s required transition actions without service interruption. Due to the requirement for critical communications to continue beyond the March 31, 2023, expiration of HC101317A0004, the incumbent, COMSAT, is the only source that can fulfill this requirement without risk of a break in service/support to end users. The newly awarded follow-on BPA, HC101322A0007, was competitively awarded to the incumbent, so the bridged services will continue to be provided by the same contractor during the extension period and once transitioned to the follow-on BPA.

MOD 01: COMSAT is the incumbent and thus remains the only source that can meet the Government’s required transition actions without service interruption. Due to the requirement for critical communications to continue beyond the June 30, 2023, expiration of HC101317A0004, the incumbent, COMSAT, is the only source that can fulfill this requirement without risk of a break in service/support to end users.

MOD 02: COMSAT has been novated to Satcom Direct Government, Inc.

(SDG). SDG (previously known as COMSAT) is the incumbent and thus remains the only source that can meet the Government’s required transition

Page 5 of 8 Pages actions without service interruption. Due to the requirement for critical communications to continue beyond the November 30, 2023 expiration of HC101317A0004, the incumbent, SDG (previously known as COMSAT), is the only source that can fulfill this requirement without risk of a break in service/support to end users.

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

ORIGINAL: The follow-on BPA HC101322A0007 was awarded September 2, 2022, and 1,762 (68%) of the then-active orders have been discontinued or transitioned since that time. All new orders are issued under HC101322A0007, but the Government requires a short-duration extension of HC101317A0004 to bridge services between the predecessor BPA and the follow-on BPA, both of which are agreements with the same contractor, COMSAT.

MOD 01: Since award of HC101322A0007, 2,318 (89.9%) of the then-active orders have been discontinued or transitioned. The Government requires extension of HC101317A0004 to bridge services between the predecessor BPA and the follow-on BPA, both of which are agreements with the same contractor, COMSAT.

MOD 02: Since award of HC101322A0007, 2,472 (95.9%) of the then-active orders have been discontinued or transitioned. The Government requires extension of HC101317A0004 to bridge services between the predecessor BPA and the follow-on BPA, both of which are agreements with the same contractor, SDG (previously known as COMSAT).

(4) Demonstration of limited source.

ORIGINAL: COMSAT, the current BPA holder, is uniquely postured to support the DoD’s active satellite communications services without risk to critical communications. As indicated in 4(b) above, COMSAT understands the requirements and possesses the requisite expertise and relevant experience. Because active services are slated to be transitioned to HC101322A007 over the course of the 3-month bridge period, provision of services by any contractor other than COMSAT would result in duplicative transition of services.

MOD 01: COMSAT remains uniquely postured to support the DoD’s active satellite communications services without risk to critical communications. Active services are slated to be discontinued or transitioned to HC101322A0007 during the extension period, but this is contingent on mission partner approval of requests to discontinue or transition services. DITCO and USSF CSCO continue performing customer outreach to minimize required extensions of HC101317A0004.

MOD 02: SDG (previously known as COMSAT) remains uniquely postured to support the DoD’s active satellite communications services without risk to critical communications. Active services are slated to be discontinued or transitioned to HC101322A0007 during the extension period, but this is

Page 6 of 8 Pages contingent on mission partner approval of requests to discontinue or transition services. DITCO and USSF CSCO continue performing customer outreach to minimize required extensions of HC101317A0004.

(5) Procurement discussion.

This action will extend the current, competitively awarded BPA until services provided via all active orders can be transitioned to the new BPA that was competitively awarded to the incumbent. Upon transition of all active orders to the follow-on BPA, HC101317A0004 will be allowed to expire.

(6) Impact.

Failure to maintain the existing/active communications services provided by COMSAT until transitioned to the new BPA would result in loss of mission-critical communications for hundreds of end users around the world. Should these services not be continued, critical communications in support of warfighter missions and deployed units in all regions of the globe would be interrupted, resulting in unacceptable risk.

5. BEST VALUE DETERMINATION:

This requirement is for Commercial Satellite Communication (COMSATCOM) services for DoD. COMSATCOM services must be acquired using one of the Future COMSATCOM Services Acquisition (FCSA) contract vehicles, IAW the Acquisition Strategy for the FCSA and the subsequent approval by the Director, Defense Procurement and Acquisition Policy (approved Memo dated July 22, 2009). GSA has already determined that prices of supplies, fixed price services, and rates for services offered at hourly rates are fair and reasonable for the purpose of establishing the schedule contract. In addition, the prices in place for both the existing BPA (HC101317A0004) and the newly awarded BPA (HC101322A0007) were evaluated and determined fair and reasonable prior to award of the respective BPAs using the proposal analysis techniques in FAR 15.404-1. The price of this action is not expected to exceed the pricing in place under newly awarded BPA HC101322A0007, which was competitively solicited and awarded to the lowest-priced offeror. Proposed bridge extension pricing will be analyzed via comparison to the Independent Government Cost Estimate to ensure GSA Schedule rates have not been exceeded. By placing an order against a schedule contract using the procedures in FAR Part 8, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. A further determination will be made by the Contracting Officer that the bridge extension action represents the best value to the Government by conducting a price analysis as part of a fair and reasonable price determination.

6. MARKET RESEARCH:

Market research was conducted from December 2020 through September 2021 in advance of award of CSS0100, and this research reflected six GSA MAS schedule contractors with sufficient offerings to meet the Government’s requirements for the since-awarded BPA.

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CSS0100 was solicited among GSA MAS 517410 schedule holders and awarded to COMSAT, Inc. on a competitive basis. The Government requires continuation of the Inmarsat BGAN orders active under HC101317A0004 to avoid a loss of service to hundreds of end users until services can be transitioned from the current BPA, HC101317A0004, to the replacement BPA, HC101322A0007. Thus, market research identifies that only the incumbent, COMSAT, Inc., a large business, is able to provide the required services without a significant break in service for end users until such time as service can be transitioned to the new BPA, also with COMSAT, Inc.

7. ANY OTHER SUPPORTING FACTS: None.

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE BARRIERS THAT LED TO THE

RESTRICTED CONSIDERATION:

(a) Procurement history.

HC101317A0004 was competed amongst GSA MAS holders under Special Item Number (SIN) 132-55, and this competition was open to all schedule contractors in this SIN.

COMSAT, Inc., a large business, was awarded the BPA (HC101317A0004) on March 27, 2017, with a period of performance consisting of a 1-year base period, four 1-year option periods, and a 6-month option period IAW FAR 52.217-8 (expiring September 30, 2022).

All services currently active under HC101317A0004 will be transitioned to the competitively awarded follow-on BPA, HC101322A0007, as soon as practicable, and no new orders will be issued under HC101317A0004. Upon completion of transition or the bridge extension, HC101317A0004 will expire. Future similar BPAs are anticipated to be awarded on a competitive basis.

MOD 2: During the December 1, 2023 through January 31, 2024 bridge extension, USSF CSCO will draft and send memorandums to customers for the remaining active services under HC101317A0004. These memorandums will advise customers that service needs to be discontinued or transitioned to HC101322A0007 by January 31, 2024. If USSF CSCO is not able to contact a customer, USSF CSCO will have the ability to discontinue services so HC101317A0004 can expire.

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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.

NAME: Jessica Estrogano SIGNATURE:

TITLE/ORGANIZATION: Program Analyst, COMSATCOM Technical Support Branch, Commercial Satellite Communications Office

PHONE: 301-225-4584 DATE:

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.

NAME: Jared Reece SIGNATURE:

TITLE/ORGANIZATION: Chief, COMSATCOM Technical Support Branch, Commercial Satellite Communications Office

PHONE: 301-225-4784 DATE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort does not exceed $750K, this certification serves as APPROVAL.

NAME: Jenalle L. Hilmes SIGNATURE:

TITLE/ORGANIZATION: Contracting Officer; Mobile Satellite Section, DISA/DITCO/PL8221

PHONE: 618-418-6585 DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Jenalle L. Hilmes, 618-418-6585, jenalle.l.hilmes.civ@mail.mil, and Ashley Hubert, 618- 418-6249, ashley.t.hubert.civ@mail.mil.