Justification and Approval_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

FOR OFFICIAL USE ONLY

18 Jun 2019 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

673d Contracting Squadron 10480 Sijan Ave, Suite 240 Joint Base Elmendorf-Richardson, Alaska 99506

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

The 673d Medical Group (MDG) and 673d Air Base Wing (ABW) have an ongoing requirement for cable television programming services. Cable television services are available to the general public, this requirement will be processed as a commercial, firm fixed-price contract and procured as a sole source acquisition under NAICS code 515210. The contractor shall provide all personnel, equipment, facilities, tools, materials, supervision and other items and services necessary to provide cable or satellite television service at Joint Base Elmendorf-Richardson (JBER), Alaska, as defined in the Statement of Work (SOW).

The estimated Period of Performance is as follows:

Base Period - 1 October 2020 through 30 September 2021 Option Period 1 - 1 October 2021 through 30 September 2022 Option Period 2 - 1 October 2022 through 30 September 2023 Option Period 3 - 1 October 2023 through 30 September 2024 Option Period 4 - 1 October 2024 through 30 September 2025

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

The contractor shall provide, at a minimum (as defined in the SOW) 24 hour News and Weather Programming, Sports and Children's Programming, Public Broadcast Services, Major Network Programming and Educational Channels. The contractor shall also provide a channel guide with general descriptions of the channel and programming. The contractor will be responisble for providing a cable boc/receiever for each location,one (1) high Definition (HD) cable box per location upon request, all necessary remoter controls but no less than one (1) per cable box and cable mini heads for use in fitness centers.

The total estimated value of this acquisition is as follows:

The awarded contract will have the following CLIN structure:

CLIN 0001 - Cable Television (CATV) Initial Admin Fee CLIN 0002 - Television Programming (News, Weather, Sports and etc IAW SOW 1.1.1) CLIN 0003 - 37 Cable Mini Heads (Fitness Center)

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

In accordance with 10 U.S.C. 2302b the simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 1901 of title 41 shall apply as provided in such section to the agencies named in section 2303(a) of this title and, In accordance with 41 U.S.C 1901(a)(2) to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items, as implemented by

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 3 of 4

FAR 13.501(a)(ii) which states to prepare sole source (including brand name) justifications using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

As implemented by FAR 13.501(a)(1)(ii), General Communication, Inc (GCI) is a large business and is the only contractor capable of providing cable or satellite television programming services on JBER, AK.

The incumbent contractor (GCI) is providing cable programming using contractor installed infrastructure on JBER. A competing contractor would be required to install new infrastructure or purchase/rent the current infrastructure from GCI, which will significantly increase the cost of this requirement. The previous acquisition for this requirement was competed as full and open without exclusions. Only one (1) quote was received.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Request for Information (RFI) was posted to a Government Point of Entry (GPE, beta.SAM.gov) in December 2019 in which no responses were received. A Sources Sought notice (Notice ID: FA500020Q0076) was posted to beta.SAM.gov (GPE) on 15 July 2020 for seven (7) days. A total of four (4) responses were received three (3) small businesses and 1 large business (GCI). As part of the sources sought notice, a site visit was held, in which only 1 small business, Microcom Business Solutions, attended.

A solicitation, FA500020Q0076, was posted to beta.SAM.gov 14 August 2020 and closed 24 August 2020. The Contract Specialist informed all interested parties from the sources sought and site visit that were small business of the solicitation posting through email. The Government received no quotes from the solicitation.

In an effort to locate additional contractors capable of fulfilling this requirement, the CS contacted MTA Solutions and Alaska Communications (ACS), both large businesses, that are located within Alaska and currently provide cable and satellite television programming to the residential marketplace. Neither MTA Solutions or ACS offer cable or satellite television programming to businesses.

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

IAW FAR 13.106-3(a)(2)(i)(ii)(iv)(vi) the anticipated cost will be determined fair and reasonable based on comparison of the proposed price to prices obtained through market research, historical prices paid (current contract), and the independent Government estimate.

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

A Request for Information (RFI) was posted to a Government Point of Entry (GPE, beta.SAM.gov) in December 2019 in which no responses were received. A Sources Sought notice (Notice ID: FA500020Q0076) was posted to beta.SAM.gov (GPE) on 15 July 2020 for seven (7) days. A total of four (4) responses were received from three (3) small businesses and 1 large business (GCI). As part of the sources sought notice, a site visit was held, in which only 1 small business, Microcom Business Solutions, attended. Microcom did not submit a quote in response to the solicitation.

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

N/A

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

18 Jun 2019 FOR OFFICIAL USE ONLY Page 4 of 4

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

The following contractors expressed interest, in writing, to the acquisition;

None of the contractors that expressed interest through the sources sought notice submitted a quote in response to the solicitation.

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

Technology continues to increase rapidly within the digital entertainment realm. The 673 MDG and 673 ABW may forgo cable television services in favor of expanding patron wireless internet capacity and signal strength so that patrons acan access their preferred entertainment. Service may also be transitioned to the competitive internet based streaming services, such as Netflix or Hulu. The upfront installation costs for cable based television and internet service will remain a competition barrier unless a less expensive transmission method is available.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.