JA - Cable TV Satellite Service_Redacted.pdf

Contractor: Al Pacific LTD Supply/Service: Cable TV & Satellite Service in Support of ASG-KU Est Dollar Value:

I JUSTIFICATION REVIEW DOCUMENT

FOR JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Cable TV services in support of ASG-KU

Authority: 10 U.S.C. 2304(c)(1)

Prepared by: Daniel Cutler DSN: 793-4992 Contract Specialist Email: daniel.c.cutler2.civ@mail.mil

Contracting Officer: MAJ Brian Burton DSN: 793-3869 Procuring Contracting Officer Email: brian.j.burton.mil@mail.mil

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Advisor:

(b) (4)

(b) (6) in Support of ASG-KU Est Dollar Value:

Department of Army Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command – Rock Island (ACC-RI) Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: The Area Support Group-Kuwait (ASG-KU) requests a firm fixed-price contract modification to W52P1J-13-D-0086 with Al Pacific LTD to extend the contract. ACC-RI projects award for

Operations and Maintenance funds. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

ASG-KU did not compete the requirement prior to this action under the authority of Federal Acquisition Regulation (FAR) 6.302-1, as supported by J&A 19-022. That justification’s paragraph 7, Actions to Increase Competition stated. “The Government intends to compete the succeeding contract with award on or before 15 November 2019.

Milestones include a transition period of 90 days and a potential protest period of 100 days, but still achieves the goal of the successor being fully mission capable by 14 February 2020.” As described in paragraph 5, ASG-KU delayed ACC-RI’s progress on the follow-on contract by a change in the requirement and

Furthermore, the current COVID-19 pandemic has halted the necessary site surveys to identify ownership of infrastructure. Access during ASG-KU’s COVID-19 response measures is very limited. ASG-KU requires a contract extension to avoid a break in critical services until the Government and Al Pacific come to an agreement on what infrastructure is owned by each party and follow-on is complete and normal access authorizations resume.

3. Description of Supplies/Services: This contract provides all personnel, equipment, tools, materials, supervision, and other items and services necessary to provide cable television (TV) drop point installation to include satellite service at U.S. Military Camps and facilities in Kuwait. Al Pacific provides community access television (CATV) or direct-to-home (DTH) satellite TV, based on the requirements of the customer. The contractor provides cable TV in living quarters, common areas, and work areas providing entertainment and news feeds in accordance with (IAW) mission requirements. The four subscriptions that are being extended/available will be: CATV Air Force Network (AFN) + Commercial subscription; AFN + News subscription; AFN subscription only; and AFN DTH subscription.

The plan laid out in the prior J&A 19-022 was for ACC-RI to extend the basic contract from 15 February 2019 to 14 February 2020, including an option from 15 February 2020 to 26 May 2020, and award all required task orders prior 26 May 2020. Performance would continue under the task orders for 52 weeks beyond the end of the contract, or May 2020. This strategy would avoid a break in critical services as ACC-RI planned to

(b) (4)

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(b) (4) award and transition the follow-on prior to February 2020: award (November 2019), 90-day transition (February 2020), and 100-day option period (May 2020). However, the requirement changed after the Competition Advocate approved the J&A and the ongoing discussion in regards to infrastructure ownership continues to evolve. ASG-KU is currently working with Al Pacific, conducting a survey of the infrastructure al all locations to set a clear distinction between what is owned by the Government and Al Pacific. As a result, the requiring activity is re-evaluating the scope of the new requirement as it pertains to Cable TV.

The current contract ceiling is and this action will not require an increase to the ceiling as current obligations and extension obligations will be far below this amount.

The Government anticipates executing all 7 current task order requirements via new task order awards, sufficient room under the ceiling to award additional task orders for cable & satellite service requests across the AOR if necessary. The anticipated dollar value for

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4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: As described in FAR 6.302-1(a)(2)(iii)(B), 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 of any other source would result in unacceptable delays in fulfilling the Agency’s requirements.

After approval of J&A 18-0112, ASG-KU developed an acquisition strategy that included procuring Cable TV services under the K-BOSSS Contract W52P1J-10-C-0062 with

In January 2019, during the development of this strategy, a vendor submitted a protest to the U.S. General Accountability Agency contending the Army’s intended modification of the contract to include community television services constituted an impermissible out-of-scope modification. In response to the protest, the Army took corrective action and determined that it would not transition any of the requirements under the current Cable TV contract W52P1J-13-D-0086 to Vectrus’ K-BOSSS Contract.

(b) (4)

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(b) (4) in Support of ASG-KU Est Dollar Value:

Al Pacific LTD., who is currently supporting ASG-KU (via 7 active task orders) with cable TV services, is the only responsible source available that can meet the requirement due to their ownership of part of the cable wiring infrastructure, until the Government awards a competitive, follow-on contract.

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6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(12), ACC-RI will not synopsize this action as the extension is being made and performed outside the United States and its outlying areas, and only local sources will be solicited. Because this is a sole source action, effective competition is not applicable. The Government will achieve subcontracting competition by incorporating FAR clause 52.244-5, Competition in Subcontracting in the base award, which states that the contractor shall select subcontractors on a competitive basis to the maximum extent practicable.

7. Actions to Increase Competition: The Government intends to compete the succeeding contract with award

8. Market Research: In accordance with DFARS 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information 206.302-1(d), ACC-RI posted a sources sought to Beta.Sam.gov on 11 May 2020 for four days. The sources sought requested industry confirm if they could provide all the personnel, equipment, tools, material and supervision necessary to provide cable TV drop point installation in the Kuwait AOR starting on 27 May 2020. The May date was the most critical element of the sources sought as it is the date the current contract expires. Companies that responded to the posting were as follows:

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9. Interested Sources: To date, no other sources have expressed a written interest in this requirement.

10. Other Facts:

Procurement History

Contract: W52P1J-13-D-0086, Modification P00012 Contractor: Al Pacific LTD Award Date: 14 February 2019 Competitive Status: Not competed Authority: FAR 6.302-1, as supported by J&A 19-022

Contract: W52P1J-13-D-0086, Modification P00011 Contractor: Al Pacific LTD Award Date: 14 August 2018 Competitive Status: Not competed Authority: FAR 6.302-1, as supported by J&A 18-0112

Contract: W52P1J-13-D-0086 Contractor: Al Pacific LTD Award Date: 01 August 2013 Competitive Status: Full and Open Authority: N/A

Contract: W52P1J-13-D-0086 Contractor: Al Pacific LTD Award Date: 01 August 2013 Competitive Status: Full and Open Authority: N/A

Contract: W52P1J-08-D-0069 Contractor: Al Pacific LTD Award Date: 14 August 2008 Competitive Status: Full and Open Authority: N/A

(b) (4)

11. Technical Certification: I certify that the supporting data under my cognizance which that are included in the justification are accurate and complete to the best of my

12. Requirements Certification: I certify that the supporting data under my cognizance which that are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be based on the comparison of historical prices paid and the Independent Government Cost Estimate IAW FAR 15.404-1(b)(2)(ii) and FAR 15.404- 1(b)(2)(v). Certified cost or pricing data is not required IAW FAR 15.403-1(b)(3).

Date: _________________ ____________________________

MAJ Brian Burton Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date: _________________ ____________________________

BURTON.BRIAN.JOSEP

H.1271918174

Digitally signed by

BURTON.BRIAN.JOSEPH.1271918174

Date: 2020.05.21 06:12:49 -05'00'

BURTON.BRIAN.JOSEPH.1

271918174

Digitally signed by

BURTON.BRIAN.JOSEPH.1271918174

Date: 2020.05.21 06:13:32 -05'00'

(b) (4)

Approval

Based on the foregoing justification, I hereby approve the procurement of Cable TV services on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Date: Signature:

BURTON.BRI

AN.JOSEPH.

1271918174

Digitally signed by

BURTON.BRIAN.JOSE

PH.1271918174

Date: 2020.05.21 06:13:55 -05'00'