Justification and Approval.pdf

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

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I. Agency and Contracting Activity.

90 CONS

II. Nature and/or description of the action being approved.

An individual J&A for a single blanket purchase agreement (BPA). The BPA will replace an existing BPA, FA461318A1000 Base Cable and Internet BPA.

III. Description of supplies/services required to meet agency needs.

Cable and Internet services for government and non-government entities on F. E. Warren AFB.

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

This is a follow on blanket purchase agreement to FA461318A1000 Cable and Internet Service awarded as a sole-source award to provide cable and internet services on 02 Oct 2017 and set to expire on 30 Sep 2022. Therefore, this acquisition will be a follow-on blank purchase agreement for the continued provision of specialized services.

Bresnan Communications, LLC has purchased, installed, and maintained the cable and internet infrastructure on F. E. Warren AFB and is the largest provider of such services in the local market. In order for a competing vendor to provide similar services, the competition would have to install new infrastructure or purchase all or some portion of the exisiting infrastructure from Bresnan Communications, LLC.

90 CS has determined that award to any other source would result in unacceptable delays in fulfilling the agency's requirements. Bresnan Communications, LLC is not looking to sell their infrastructure at this time and there would be an unacceptable delay in fulfilling the agency's requirements if a new vendor was installing infrastructure to provide the services on F. E. Warren AFB.

Accordingly, Bresnan Communications, LLC is the only firm capable of providing the services described in Section III above without the Government experiences unacceptable delays in fulfilling its requirements.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

F. E. Warren AFB has a Franchise Agreement with Bresnan Communications, LLC which expires on December 31, 2023 with a renewal planned to begin on 01 January 2024. The Franchise Agreement is a non-exclusive agreement, permitting the government to engage with any vendor that is capable of providing similar services, in whole or in part, in the area. If in the future a vendor enters the market and is able to provide a similar level of services F. E. Warren AFB will engage in a similar non-exclusive agreement with the new vendor and establish a new BPA with them.

The notice will be publicized IAW FAR subpart 5.2.

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

Based on the requirement for Bresnan Communication, LLC to submit an annual Price Sheet that must be approved by the contract officer and the history of the previous Price Sheets, the contracting office expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable.

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

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

A review of the local market showed no change from the market research performed for the current BPA, FA461318A1000.

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

N/A

IX. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The BPA is based on a non-exclusive franchise agreement which does not prevent the Government from using other vendors to satisfy the requirement for cable and internet services, thus it does not represent a barrier to competition.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

N/A