H. JA for Telecom services, signed.pdf

J&A for landlines, TV, VoiP and internet services for U.S. Embassy Tallinn

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

1. Identification of the agency and the contracting activity:

This is a justification to solicit a contract from a single source for an acquisition being conducted by the Department of State, the U.S. Embassy Tallinn.

The estimated cost for this contract is $ 142,000.00 for 5 years.

2. Nature and/or description of the action being approved:

To support operational telephone needs as well as multiple internet connections, TV and VoiP services are needed for U.S. Embassy Tallinn. The single provider for all these services combined is Telia Eesti AS, who already has all necessary connections made to the Embassy and no other offeror can compete as they would need to get permission from Telia to use the existing built-in connections.

3. A description of the supplies or services required to meet the agency’s needs.

The following services will be purchased under the contract action: landlines services for 223 lines, multiple internet connections, VoiP and TV services for Chancery and multiple offsite locations.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is FAR 6.302-1, 41 U.S.C. 253 (c)(1): Only one responsible source.

The current service provider, Telia Eesti AS, is the only offeror in country who is in compliance with multiple IT related requirements set by the State Department, and they exclusively provide services for the Embassy without Covered Technology equipment which the other companies are unable to provide.

Telia Eesti AS also has the necessary infrastructure in place to perform the services in all locations that this contract will cover. Another company would either need to perform extensive infrastructure work, at a high cost and requiring city permits, or contract with Telia to use the existing lines. According to information available to Post, these are not viable solutions.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

Telia Eesti AS is the only contractor with proprietary infrastructure and will provide reliable, technically compliant and security-compliant services for the Embassy. Contractor is compliant with current U.S. regulations related to Covered Telecommunications equipment usage as well as being in compliant with C-SCRAM requirements.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The other vendor that is able to provide all the above-mentioned services as a single contractor is Elisa Eesti AS. However, Elisa Eesti As is not fully compliant with NDAA and C-SCRAM requirements.

Due to the complexity of the required services and the burden of transitioning to another contractor, it is not practical to compete these requirements to provide continuing coverage.

This sole source justification will be posted to SAM.gov.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The cost to the Government is determined to be fair and reasonable based on what Post has spent on these services in previous contract years. Total estimated spend for a 5-year contract is expected to be $140,000.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

Market survey shows that there are only two contractors in Estonia that can provide all the necessary services without the need of subcontracting any services out.

9. Any other facts supporting the use of other than full and open competition.

Telia Eesti AS is the only provider of all the mentioned services that are compliant with Section 889 of the John McCain National Defense Authorization Act as well as C-SCRAM questionnaire requirements.

10. A listing of sources, if any that expressed, in writing, an interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

None.

CERTIFICATIONS

Requiring office

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

Date Name

Title

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Date Contracting Officer