Limiting-Competition-under-SAT_ACC-Phoenix Cable Services.pdf

Control No: 21-003

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: RCO-GTMO, 410th Contracting Support Brigade (CSB)

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________ Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: _2021_

Name of Proposed Contractor(s) and Address:

__Phoenix Cable INC ________________________ __17 S Franklin TPKE, FL 3____________________ __Ramsey, NJ 07446-2536 ____________________

Brand Name Buy: Yes No

3. Description of Services or Supplies: This is a non-personal services contract to provide twelve (12) months and four (4) 12-month option periods of cable services to twenty-three (23) existing cable boxes. The contractor shall provide “subscription service” for the eight (8) basic Armed Forces Network channels: FOX News, CNN, Headline News, the Pentagon Channel, C-SPAN Weather Channel and the TV Guide Channel. Monitoring media sources via cable television is necessary to enhance the situational awareness and support the Joint Task Force’s Command Element, Public Affairs, and Legal Department stationed on Naval Station Guantanamo Bay, Cuba.

For Actions with Options:

Base Period: 11-01-2020 to 10-31-2021 Value: $_9,660.00__ Option Period 1: 11-01-2021 to 10-31-2022 Value: $_10,143.00_ Option Period 2: 11-01-2022 to 10-31-2023 Value: $_10,650.00_ Option Period 3: 11-01-2023 to 10-31-2024 Value: $_11,182.65_ Option Period 4: 11-01-2024 to 10-31-2025 Value: $_11,741.78_

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Phoenix Cable Inc. is the only vendor capable of providing cable services to Naval Station Guantanamo Bay due to their unique agreement with VIASAT, who provides the signal to Naval Station Guantanamo Bay. Based on market research, no other vendor has this agreement, which means they cannot provide cable services without installing their own signal infrastructure, which is not economical, nor feasible, which is reliant on installation permission. Based on the significant barriers to entry for new vendors, sole-source action to Phoenix Cable Inc. is the only suitable procurement strategy for this effort.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 (a) (12).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research indicates the item falls within the commercial items definition as it is customarily used by the general public and has been sold, leased, or licensed to the general public. Based on information gained from Naval Station Guantanamo Bay’s program manager for cable services, it is determined that Phoenix Cable, Inc. is the only vendor cable of providing cable services. Currently, Phoenix Cable, Inc. is the only vendor with an agreement with VIASAT, the signal provider, to use their signal. Due to Phoenix Cable, Inc.’s unique interoperability with VIASAT, the Contracting Officer recommends that this contract-action be solicited sole-source to Phoenix Cable, Inc.

8. Other Facts: Currently, Phoenix Cable Inc. is the only vendor who possesses an exclusive agreement with VIASAT, the signal provider for Naval Station Guantanamo Bay.

9. Technical/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: SSG Matthew Jewell Date: October 20, 2020 Title: J6 FUOPS NCOIC

Signature:

10/20/2020

X Matthew M. Jewell Right-Click "Signature Setup"

Signed by: JEWELL.MATTHEW.MICHAEL.1285330706

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon pricing on previous contracts.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: MAJ Eva L. Reed Date: October 20, 2020 Title: Contracting Officer

Signature: