J A.pdf

UNITED STATES MARINE CORPS

CONTRACTING DEPARTMENT

MARINE CORPS BASE

P.O. BOX 8368

CAMP LEJEUNE, NORTH CAROLINA 28547-8368

IN REPLY REFER TO:

CONT

12 July 2016

MCIEAST 1611

SOLE SOURCE JUSTIFICATION FOR ACQUISITION OF COMMERCIAL ITEMS

PURSUANT TO FAR 13.501

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the proposed sole source acquisition pursuant to the authority of the simplified procedures for certain commercial items as implemented by FAR Subpart 13.5, Simplified Procedures for Certain

Commercial Items. Pursuant to FAR 13.501 (a)(ii), this sole source justification is prepared using the format at FAR 6.303-2.

Justification

1. Agency Contracting Activity

II MEF G-6 Contracting Department

Marine Corps Base Camp Lejeune P. O. Box 8368

Camp Lejeune, NC 28547 Camp Lejeune, NC 28547

2. Nature/Description of Action.

This Justification and Approval authorizes issuance of a new sole source, Original Equipment

Manufacturer (OEM) contract awarded under FAR 13.5, utilizing other than full and open competition procedures. Only one responsible source and no other suppliers or services will satisfy agency requirements. A firm fixed-price contract will be used in order to minimize the risk to the Government. The total estimated cost of the maintenance services is $354,974.71.

3. Description of Supplies/Services

This J&A authorizes and approves the award of a Firm Fixed Price (FFP) contract to DataPath

Inc., 2205 Northmont Parkway, Duluth, Georgia 30096 for the CCT-120 Satellite Extended

Warranty in Support of the G-6, II MEF at Camp Lejeune, North, Carolina.

The period of performance will be for a one year period from date of award with two (2) one year option periods.

4. Identification of the Justification Rationale

10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(iii), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rational for Use of Authority Cited.

DataPath Inc., is the sole source provider of the Extended Warranty for the CCT-120 Satellite.

DataPath is uniquely qualified to provide the complete range of proprietary services and/or hardware required for the extended warranty. The SWEDish CCT-120 is a quick deploy system that offers automated satellite acquisition with motorized antenna pointing and optimization driven by user-entered or pre-programmed satellites, satellite channel, and transmission channels. DataPath demonstrates a unique capability offered to II MEF to provide particular parts for Satellite maintenance not otherwise available to the Government. In addition, much of the technical data, material, and parts for these maintenance services and/or hardware/software can be provided by DataPath Inc. and no other suppliers known to the Government. DataPath has the unique qualified instructors to conduct training on the specialized CCT-120 current system.

The CCT-120 features multiple modules which support different frequency bands, power levels and modem types. The CCT-120 supports task and operational training on X-Band Tx7.9-8.4

GHz Rx 7.25-7.75, Ku Band Tx 13.75-14.50 GHz Rx 10.70-12.75 for communications to achieve mission accomplishment, health and welfare, safety, and crisis responses by II MEF activity.

II MEF G-6 procured two types of SWEDish CCT-120 Satellites(Very Small Aperture Terminal

(VSAT)) for a total of nine (9) SWEDish CCT-120 Satellite, over the past four years. The CCT-

120 satellite terminals warranties have expired and have no coverage on any repair parts. To resolve this issue Datapath can provide an extended maintenance for one year to cover each terminal to include a deep clean for these CCT-120 terminals. Without this extended warranty, any parts, or repairs needed on these terminals II MEF’s may incur an estimated $170,000 per year in maintenance and repairs cost. In addition, delays in the CTC-120 Satellites being repaired as needed will severely limited II MEF’s capability to provide essential warfighter training and support for the mission accomplishment.

This is a follow on extended warranty for the maintenance and parts of this highly utilized specialized equipment system with the existing contractors support. Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays in fulfilling the requirement. Datapath currently is the provider for these systems and has been the provider since the CCT-120 was procured. The SWEDish CCT-120 is highly utilized by II MEF units and is the main piece of equipment used by SPMAGTF Crisis Response Teams in critical communications.

6. Determination of Fair and Reasonable Cost

The Contracting Officer, will assistance from the experienced contract specialist, shall determine the cost and price to be fair and reasonable. All negotiated prices will be evaluated against an

Independent Cost Government Estimate derived from historical pricing data from prior/existing contracts. The integration pricing is determined to be fair and reasonable based on historical comparison for the same or similar items for extended warranties.

7. Description of Market Research

On 7 June 2016, a Sources Sought Synopsis Request for Information was posted resulting in zero small business vendors or other large business vendors being capable of providing this requirement for the CTC-120 extended warranty, maintenance and repairs. No responses were received on either FEDBIZOpps or GSA Ebuy by the closing date.

The market research (i.e. review of GSA Advantage website search and review of historical data) conducted and completed to determine if Federal Supply Schedule holders or open market commercial companies were capable of satisfying the Government’s needs. The results of the market research determined that Pathfinders is the only source capable of providing this warranty services. In accordance with FAR 5.201, a notice of intent to procure these services on a sole source basis was posted on Federal Business Opportunities website 6 July 2016 and no responses were received at the RFI closing. Any responses received from interested vendors will be evaluated for capability by the MCIEAST Contracting Office.

8. Action Taken to Remove Barriers to Competition.

Marine Corps Installation East shall consider new types of Satellite equipment with extended warranty plans including maintenance and repair services for future communication equipment requirements covered by this J&A.

CONTRACTING OFFICER CERTIFICATION

REQUIRED BY FAR 8.405-6(c)

Technical Certification:

I certify that the facts and representations under my cognizance, which are included in this

Justification, and which forms a basis for the Justification are complete and accurate.

Technical Cognizance:

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Name and Title Date

Contracting Officer Certification

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

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Name and Signature Date

Review for Legal Sufficiency (NMCAG G5206.303-90)

This justification is determined legally sufficient. ____ CONCUR ____ NON-CONCUR

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