N0060423Q4007 Sole Source Justification_Redacted.pdf

MEMORANDUM TO THE FILE

SUBJECT: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE

Manufacturer or Service Provider: ___________________________________________________

Point of Contact: _ _ Phone Number: _ _

Street: _________________________________________________________________________

City: _______________________ State: ________________ Zip Code: ________________

Dealer Representative (if applicable): ________________________________________________

Point of Contact: __________________________ Phone Number: ________________________

Street: _________________________________________________________________________

City: _______________________ State: ________________ Zip Code: ________________

Estimated Cost: _______

Required Delivery Date or Period of Performance: _________________________

Provide a description of the item or service required, to include its intended use. If applicable, provide manufacturer part number.

Time Warner Cable Enterprises, LLC

745 Fort Street #1220 Honolulu HI 96813

18 Jan 23 thru 17 Jan24

Continuing need for Enterprise TV and Fiber Connect Plus services which are currently provided by Time Warner Cable Enterprises on contract N0060420P4145 for 105 various locations at USINDOPACOM Camp Smith and will expire on 17-Jan-2023.

POP- 12 consecutive months, 18-Jan-2023 thru 17-Jan-2024

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING: (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

2. EXCLUSIVE LICENSING AGREEMENTS

The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Explain the circumstances surrounding why the item or service is only available from the manufacturer or service provider.

OR

Provide evidence of the exclusive licensing agreement as an attachment to this document.

NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank.

3. OTHER REASONS

Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

Time Warner Cable Enterprises LLC (TWC) is the only responsible source that is capable of providing this requirement for continuing fiber connect services. TWC was awarded contract N0060420P4145 back in September 2020 to initially install the fiber connect system and to provide the fiber cable television services. Due to the delay in the installation of fiber connect services, this contract was modified in January 2022 to extended its period of performance to end of 17-January-2023. The existing f ber optic and copper coaxial cable infrastructure that provides cable TV and internet signal to these locations is owned by and proprietary to TWC. Hard-wired cable is required, as opposed to satellite, due to the restrictions on modifying, adding, and mounting fixtures and materials of any type on buildings designated as or within historical districts, which are commonplace within JBPHH. Additionally, this requirement includes the need for two public access channels which permit the government to originate programming from facilities on JBPHH and distribute the programming to all JBPHH/CNRH cable TV locations. These channels are used to broadcast military Public Affairs and Hickam Air Terminal Flight information. It is not technically feasible for satellite–based TV programming providers to supply this service. Any other source attempting to provide all required services would be required to develop and install a new infrastructure, which would not be complete before expiration of the existing order, resulting in unacceptable delays and interruptions in service. One other cable TV provider via f ber on island is Hawaiian Tel. During market research, Hawaiian Tel was also contacted on 2 Nov 2022. Upon speaking with the Hawaiian Tel representative over the phone, he had indicated that Hawaiian Tel provides cable TV via fiber only to residential locations.

C. UNUSUAL AND COMPELLING URGENCY

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: _______________________________

2. Explanation of why delivery/commencement of services by the date mentioned above is required:

Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

3. If appropriate, include any additional pertinent information.