Cable&Internet_J&A_final.doc

J&A No. MCINCR-RCO-JA-18003

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE QUANTICO

3250 CATLIN AVENUE

QUANTICO VIRGINIA 22134 5001

IN REPLY REFER TO:

C-25

MCINCR-RCO-JA-16007

02 January 2018

JUSTIFICATION AND APPROVAL FOR

USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Marine Corps Installations Command, National Capital Region-Regional Contracting Office, Quantico, VA.

2. Description of Action Being Approved.

This Justification and Approval (J & A) authorizes and approves the award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract to Comcast of Virginia, Inc. (CAGE: 1WRG4) for cable and internet services aboard MCB, Quantico. The maximum value of this procurement is estimated at $2M for an initial 12-month base period of performance and four (4) 12-month options. The ordering period may be extended up to six (6) additional months under the authority at FAR 52.217-8 resulting in an ordering expiration date of 24 September 2023.

3. Description of Supplies/Services.

This requirement is for cable and internet services aboard MCB, Quantico. The Performance Work Statement (PWS) task requirements include task 1: bulk expanded basic cable and HD cable service, task 2: internet services, task 3: wiring services, and task 4: static IP address support.

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U. S. C. Section 2304 (c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 (a)(2), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

In response to the requirement, the RCO,in collaboration with the requiring activity, conducted market research, as follows:

Sources Sought

A Sources Sought or Request for Information (RFI) was not pursued given the nature of the requirement and associated industry. In the cable and internet industry, either a single entity has a monopoly over providing these combined services in a specific region or very few entities share a competitive area. In the region wherein MCB, Quantico resides, the three (03) internet and cable service providers are Direct TV, Comcast, and Verizon.

Small Business Sources

The Small Business Administation (SBA) Dynamic Small Business Search website was consulted on 05 December 2017 with no results associated with small business vendors capable of providing cable and internet services in the MCB, Quantico region.

Previous Contracts

As of the inception of the Comcast Franchise Agreement aboard MCB, Quantico in 2007, all previous contracts were awarded to Comcast of Virginia, Inc for the required services.

Market Survey

On December 6 , 2017 a search was also conducted on the capabilities of Verizon and Direct TV via website query and phone correspondence. This research provided that neither of these companies are capable of providing the full scope of services of this requirement. Services offered by Verizon were queried through phone correspondence betwene the RCO-NCR Contract Specialist and the Verizon Fios Government Contract Point of Contact wherein the capability for Verizon to perform both internet and cable services inthe MCB, Quantico zip code of 22134 was discussed. This correspondence indicated that Verizon is equipped to provide internet related services; however, it does not offer cable services in the region in which MCB, Quantico resides. Services offered by Direct TV were queried through its website by using the MCB, Quantico zip code of 22134. This search indicated that Direct TV does not offer cable or internet services in the region in which MCB, Quantico resides.

As a result of these market research initiatives, the requirement for cable and internet support services aboard MCB Quantico must be fulfillfed on a non-competitive basis by Comcast of Virginia, Inc. Further, Comcast of Virginia, Inc. is the only vendor with an existing franchise agreement and therefore, is the only vendor with the contractual rights necessary for the provision of the required cable and internet services.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Possible As noted above, market research was conducted to determine the viability of competitive methods to fulfill the requirement. This market research yielded that an expectation for adequate competition cannot be reasonably expected through competitive solicitation methods. However, the RCO will comply with FAR part 10 market research requirements to gather and analyze current market data to ensure the Government is receiving the best value for cable and internet services prior to exercising option periods of performance and upon the expiration of the pending contract.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer will solicit under FAR 13.5, Simplified Procedures for Certain Commercial Items as these services are commercially available and are estimated to be less than $7M over the entire IDIQ ordering period. Using FAR 13.5, the Contracting Officer will expedite proposal evaluations using a two-fold process to support award: 1) determination of technical sufficiency of non-price data submitted by Comcast and 2) determination of fair and reasonable pricing using historical unit pricing available for similar or identical services procured under prior contracts. Additionally, the Contracting Officer will seek discounts relative to open market pricing offered by Comcast available from the procurement of bulk services on a DoD installation.

8. Actions to Remove Barriers to Future Competition.

As stated in item #6, the RCO will comply with FAR part 10 market research requirements to gather and analyze current market data to ensure the Government is receiving the best value for cable and internet services prior to exercising option periods of performance and upon the expiration of the pending contract.

CERTIFICATIONS AND APPROVAL

Technical/Requirements Certification I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

(Signature)______________________________________________Date:

Printed Name and Phone No. William C. Hauptfleisch (703) 784-2381 Requirements Cognizance:

(Signature)______________________________________________Date:

Printed Name and Phone No. Michael A. Lujan (703-784-03218 Legal Sufficiency Review I have determined that this Justification is legally sufficient.

(Signature)______________________________________________Date_________________

Printed Name and Phone No._____________________________________________________ Contracting Officer Certification

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(Signature)______________________________________________Date_________________

Printed Name and Phone No.____________________________________________________

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