Re-dacted Sole Source - Limiting-Competition-under-SAT.docx

Control No: 22-27

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command Fort Hood (MICC-FH), 36000 Darnall Loop, Fort Hood, TX 76544-5025.

2. Description of Action: Request for Cable Services in support of the Directorate of Public Works (DPW).

Nature: ☐ New Requirement ☒ Follow-on Requirement

☐ Order #_______ against a single award IDC Contract ☐ Modification # _______ to existing PO/TO/DO/Call Order #________________

Pricing/Contract Type: ☒ Fixed Price ☐Time & Materials/Labor Hours ☐Cost Reimbursable ☐ Hybrid

Funds: ☒Operations & Maintenance, Army (OMA) ☐Other Funds: FY: 2022

Name of Proposed Contractor(s) and Address:

Charter Communications, LLC (Spectrum) 9335 Prototype Dr. __ Reno, NV 89511-8992

Brand Name Buy: ☐ Yes ☒ No

3. Description of Services or Supplies: Spectrum Enterprise will provide continuation of existing services of cable TV and Business Internet for Directorate of Public Works (DPW). This requirement will be solicited as a Firm Fixed Price contract/QDEH. This contract will provide internet and cable services along with necessary equipment and services for the Cable Service Contract for the Directorate of Public Works (DPW) operations on Fort Hood. Services include providing Internet/CATV access to already existing and installed equipment:

· 2 – Digital receiver boxes

· 2 – Business TV service

· 2 – Business Wi-Fi speeds no less than 100 Mbs

· 1 – Business Wi-Fi speeds no less than 400 Mbs

· 1 – HD Receiver (Bldg. 4612)

· 1 – DVR Receiver (Bldg. 4409)

· 1 – DVR Service (Bldg. 4409)

Period of Performance: 02 APRIL 2022 – 01 APRIL 2023. The estimated total value of the proposed action is $.

Period of Performance: 2 APR 2022 to 1 APR 2023

4. Authority:

☒ FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or ☐FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name ☐FAR 8.405-6(a)(1)(i)(A) Urgency ☐ FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable ☐FAR 8.405-6(a)(1)(i)(C) Logical Follow-on Or ☐FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable ☐FAR 16.505(a) (4) Brand Name ☐ FAR 16.505(b) (2) (i) (A) Urgency ☐ FAR 16.505(b) (2) (i) (C) Logical Follow-on ☐FAR 16.505(b) (2) (i) (D) Minimum Guarantee

5. Reasons for Authority Cited:

a. Although there are other internet and cable service providers, they are not able to provide the same service based upon the specifications of the Government, which is reflected in the requirement. At this time, DPW is wired with Spectrum specific wiring, cable and antenna equipment throughout the two locations of service and utilizing another internet provider will incur additional cost, approximately $ for installations and removal assuming no dig permits are necessary.

b. _______ and _______ either do not provide the services required by the Government or will require additional installation fees, services and digging permits. Currently Spectrum is the only authorized provider for the Fort Hood installation to provide cable service through means of cable connections. Current Fort Hood policy does not allow for the installation of any type of _______ and only allows current cable connections or cable services. As a result of this policy Spectrum is the only source capable of providing the cable service requested.

c. If another provider is chosen, a Dig permit would be required to proceed on the Military Installation Base, which forbids the act of breaking ground, which includes excavation or penetration of the ground's surface to install any wire or satellites. Due to the compatibility of the Charter Communications LLC (Spectrum) equipment already in place at DPW locations, it is critical that Charter Communications LLC (Spectrum) continue to be the internet and cable service provider to avoid any additional costs to the government.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 ☒ do not apply due to the $ threshold, ☐ apply and will be followed, or ☐ do not apply due to an exception at 5.202 (a)(13)(i).

Requirement to post justification in accordance with FAR 8.405-6(b) (3), FAR 13.105(c), or FAR 16.505(a) (4) (iii) (A) ☐ Action is NOT a brand name restriction and is under $150K, no posting required ☐ Action is a brand name restriction, under $25K, no posting required ☐ Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

☐Action is a brand name restriction over $25K but will not be posted due to exception:

☐FAR 8.405-6(b)(3)(iii)(B)

7. Market Research:

We conducted market research by contacting _______ and _______ providers by phone, as well as conducting online research on cable and internet providers that would potentially provide necessary services on Fort Hood. It was determined that _____ solely provides internet services, and does not offer any cable services, necessitating the search for another provider to meet the government's overall standards. _______, on the other hand, distributes Internet through a third-party company and would have to dig to supply service lines to satellite equipment. Due to the contract's demand that both providers offer equivalent services and have compatible equipment to what Charter Communications (Spectrum) already has in place, they are unable to do so. It was concluded that Charter Communications (Spectrum) is the only feasible supplier capable of meeting this need at the lowest possible cost to the government.

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify 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.

Typed Name:

Date: 30 March 2022 Title:

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and if the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name:

Date: 30 March 2022 Title:

Signature:

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