P03 36C249-24-AP-3506 SSJ Over SAT CO Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 4

Sole Source Justification >SAT-$7.5M under FAR13.5

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-24-AP-3506

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Lt. Col. Luke Weathers, Jr. VA Medical Center.

Purchase Request: 614-25-1-5069-0023

2. Nature and/or Description of the Action Being Processed:

The Memphis VAMC has a requirement for Digital Cable Television Service throughout the medical facility. This acquisition will result in a firm fixed price contract for a base year plus four one-year options for the Digital Cable Television Service throughout the medical facility, with an estimated dollar value of

Base Year: 10/01/2024 through 09/30/2025 Option Year1: 10/01/2025 through 09/30/2026 Option Year 2: 10/01/2026 through 09/30/2027 Option Year 3:10/01/2027 through 09/30/2028 Option Year 4: 10/01/2028 through 09/30/2029

Description of Supplies/Services Required to Meet the Agency’s Needs: : Comcast has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes service required. The Cable infrastructure at the L Col Luke Weathers Jr. Medical Center is owned and managed by Comcast All digital receivers are proprietary in nature and cannot be utilize by other vendors to provide the service. The ervice is only available from the Original Equipment Manufacturer (OEM) and is the authorized distributor. Comcast Cable Communications, LLC remains the only provider of Cable TV physically located in Memphis TN and no other cable TV provider has installed service the Memphis VAMC. Additionally, OIT has been unable to locate any other cable providers with infrastructure close by which could be leveraged.

Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 2 of 4

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The incumbent contractor is currently performing the service.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Posted an RFI/ Sources Source Notice on Contract Opportunities, 36C24924Q0371 was posted from 07/29/2024 to 08/07/2024. Responses were as follows:

Groove Technology Solutions a small business provides D V service that is carried over a coax infrastructure just as with cable, only the source of the content would be from a D TV dish

vs. local cable. The Memphis needs cable due to compatibility with other equipment in the VAMC. Changing to DirectTV dish would require the Memphis VAMC to develop and install a new infrastructure, which would take several months to complete.

BHPE LLC was an interested party but did not provide a capabilities statement nor do they have NAICS 517111 listed on their reps and certs.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the government is considered fair and reasonable due to comparison of the current pricing that exists current contract that was previously deemed to be fair and reasonable.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

FPDS: A search conducted on Federal Procurement Data System-Next Generation (FPDS-NG) using keywords “cable TV Service” was used to assign an appropriate NA code and PSC for the requirement. From 2022 through 2024 the Department of Veterans Affairs had 17 procurements that used NA 517311 and had 17 procurements that used S119. See P02 – FPDS Search Results in the ECMS Briefcase.

NAC (National Acquisition Center) keyword “Cable TV Service” to identify any contracts. Resulted in contracts. See P02 – NAC Search Results in the ECMS Brief .

GSA keyword search “Comcast” to identify any contracts. Resulted in (1) contract. GSA MAS Contract GS00Q17NSD3008 and GS-35F-184BA price list. All items on the quote are sold open market and are not on the GSA contract. GSA contract upload to the briefcase. See P02 – GSA Search Results in the ECMS Brief .

Conducted a search on the SBA VetCert website using NAICS 517111 with potential of 78 SDVOS / VOSB vendors returned. See P02.1- VETCERT Search Results in the ECMS briefcase.

However, there was no way to add keywords to help limit the search. A localized SBA Dynamic Search was conducted using NAICS 517111 and keyword Cable TV to help narrow the search.

Resulted in (0) SDVOSB or (0) VOSB vendors See P02- DSBS Search Results in the ECMS Briefcase.

A VetBiz was conducted using NAICS 517111 and keyword Cable TV to help narrow the search.

Resulted in (0) SDVOSB or (0) VOSB vendors were found. See P02- VetBiz Search Results in the ECMS Briefcase.

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Any Other Facts Supporting the Use of Other than Full and Open Competition: The VA Rule of Two cannot be met due to lack of sources that can provide Cable TV service to the Memphis VAMC.

Any other source attempting to provide cable television service to the Memphis VAMC would be required to develop and install a new infrastructure, which would take several months to complete and result in the government incurring substantial duplicative costs. Per FAR 13.106-1(b)(1), the Contracting Officer has determined that it is in the best interest of the government to make an award to Comcast based upon the circumstances stated in this market research.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Any other source attempting to provide cable television service to the Memphis VAMC would be required to develop and install a new infrastructure, which would take several months to complete and result in the government incurring substantial duplicative costs.

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: Comcast has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the service required. The cable infrastructure at the L Col Luke Weathers Jr. Medical Center is owned and managed by Comcast. All digital receivers are proprietary in nature and cannot be utilize by other vendors to provide the service they are from the Original Equipment Manufacturer (OEM) and is the authorized distributor.

Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.

Stephen Nichols Date

COR

Lt. Col. Luke Weathers, Jr. VA

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Diane Ziegler Date Contacting Officer

NCO 9

ephen Nichols

20 Aug 2024

DIANE ZIEGLER Digitally signed by DIANE ZIEGLER Date: 2024.08.21 11:52:37 -05'00'

Effective Date: 02/01/2022 Page 4 of 4

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Roxie Keese Date Branch Chief

NCO 9

ROXIE KEESE

Digitally signed by ROXIE

KEESE

Date: 2024.08.21 14:42:32 -04'00'