Justification and Approval_FAR Part 6_1SFC Spectrum_Redacted.pdf

Control No: PANMCC-20-P-0000 009759 Contractor: Time Warner Cable Enterprises LLC Program: 1st SFC

Broadband/Television Services

Version – September 2018 FOR OFFICIAL USE ONLY

Bragg. The term of this franchise agreement is for ten (10) years with one automatic five

(5) year extension; expiring on 19 September 2022, with an automatics five (5) year extension. Per the signed Fort Bragg Franchise Agreement “No additional Cable Television System operator shall provide service on the Installation without a franchise…” Time Warner Cable/Spectrum is the only cable provider that has an established franchise agreement to provide cable services on Fort Bragg. There are no other franchise agreements to provide cable services on Fort Bragg. As a result Time Warner (Spectrum Enterprise) is the only responsible source that can provide this service on Fort Bragg.

6. Efforts to Obtain Competition:

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Subcontracting competition will not be required due to the nature of the required services.

7. Actions to Increase Competition: Should Fort Bragg cancel, or allow other vendors to provide the requested service on the installation, the Government intends to compete to the fullest extent to increase competition.

8. Market Research: Market Research was conducted 03 March 2021 to identify similar or identical requirements. A search was conducted within the Paper Contract File (PCF) using Spectrum and Cable as key words for contract description. Reviewed market research of recent contracts awarded as well as the terms identified in the Fort Bragg Franchise agreement with Time Warner.

9. Interested Sources: Not Applicable

10. Other Facts:

a. Procurement History

Contract number, awarded Contractor: W91247-19-P-0176, Time Warner Cable Enterprises LLC Description of requirement: WAMC Cable TV and Internet Services Method of procurement: Unrestricted, sole source Contract type: Firm Fixed Price Period of performance: 30 Sep 2019 to 29 Sep 2020 Total awarded amount:

Number of option periods: 0 Number of Offerors: 1 Source Selection Method: Price Basis for fair and reasonable pricing: Review of historical prices on other contracts previously awarded.

Contract number, awarded Contractor: W91247-18-P-1018, Time Warner Cable Enterprises LLC Description of requirement: WAMC Spectrum Method of procurement: Unrestricted, sole source

Contract type: Firm Fixed Price Period of performance: 30 Sep 2018 to 29 Sep 2019 Total awarded amount:

Number of option periods: 0 Number of Offerors: 1 Source Selection Method: Price Basis for fair and reasonable pricing: Review of historical prices on other contracts previously awarded.

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

Signature:

Typed Name: Kevin Osborne Title: Contracting Officer Representative

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

Typed Name: Kevin Osborne Title: Contracting Officer Representative

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. A price analysis of previous acquisitions and a review of the Independent Government Estimate will be used to determine fair and reasonable cost determination. IAW with FAR 15.403-1 (b)(3) certified cost or pricing data is not required.

This determination will be made using the following: ☐cost analysis ☒price analysis ☐ should cost IGCE ☐ audit: ☐ other:

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☐ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☒ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐ The contract action is a modification to a contract or subcontract for commercial item(s).

☐ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

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

Typed Name: James Brown III Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of cable services for 1st SFC for the estimated amount of on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), Contracts:

competition requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Type Name: James Brown III Title: Contracting Officer