DOC_20160817113218.pdf

US.NRC

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JUSTIFICATION FOR OTHER THAN FULL

AND OPEN COMPETITION

Version Control Date: August 4, 2014

Date: August 10, 2016

MEMORANDUM TO: Monique WilUams/Contracting Officer, Operations Branch B

FROM: Chris Bass, COR, RII/DRMNIRB

SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

REFERENCE: Region II Cable Television Service with Comcast Cable Co.

“Source Selection Information — see FAR 2.701 and 3.104”

1. IdentifIcation of the agency and contracting activity.

a. Federal agency and contracting activity. United States Nuclear Regulatory

Commission, Division of Contracts

b. Sponsoring organization. Region II/DRMMRB

c. Project Officer information.

• Chris Bass

• 245 Peachtree Center Aye, NE Suite 1200

• Atlanta, GA 30303

• Chris.Bass@nrc.gov

• 404-997-4816

2. Nature andlor description of the action being approved.

a. AcquisItIon purpose and objectives. The U.S. Nuclear Regulatory

Commission (NRC), Region II Office proposes to enter in a sole-source fixed price purchase order with Comcast Cable Co. to provide cable television services for the NRC Region II Office located in Atlanta, GA (including the Incident Response Center). The period of performance will be October 1.

2016 through September 30, 2020,

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Region II Cable Television Service.

b. Project description. The cable television service is required to monitor weather conditions (i.e. hurricanes, earthquakes, etc.), which impact nuclear power plants located in the Southeastern United States. In addition, the NRC receives daily updates and news briefs which may impact the nuclear power industry.

• Requirement type.

V Support services (non-R&D)

• Type of action.

“ New requirement

• Proposed contract/order type.

V Firm-fixed-price

• Requisition number. R2-76-0068

4. Identification o the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of FAR 13.106-1(b).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s). Comcast Corporation, 1824 North East Expy, NE, Atlanta, GA 30329-2071.

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The cable television service is required to monitor weather conditions (i.e.

hurricanes, earthquakes, etc.), which impact nuclear power plants located in the Southeastern United States. In addition, the NRC receives daily updates and news briefs which may impact the nuclear power industry.

The NRC contacted Sanyan Street Capital on August 9, 2016, the property management office for the Marquis building (where Region II is located), to determine if another cable vendor could install cable services in the office space. Banyan Street Capital advised that Comcast Cable is the only authorized cable service provider for the Marquis Office Building complex.

Therefore, Comcast Cable Company is the only organization that can provide the required cable television services required in the Region II office.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. As required by FAR Subpart 5.2 this acquisition will be announced in FedBizOpps.

In accordance with FAR 5.2, this requirement will be posted as a FedBizOpps notice in the August 2016 timeframe.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government wilt be fair and reasonable.

Region II compared Comcast Services to other comparable vendors.

Comcast’s price is deemed fair and reasonable based on our review. In addition, Comcast’s cost has not changed significantly over the past three years. The Contracting officer will closely scrutinize future request tor Comcast Cable service to ensure that any limitation of competition are adequately supported and documented and that actions are competed to maximum extent practicable.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was conducted with DirecTV and Dishnet to ensure pricing was tair and reasonable. The pricing was comparable to the price data provided by Comcast Cable Co.

9. Any other facts supporting the use of Other Than Full and Open Competition

None

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

Region II will post this requirement in FedoizOpps in the August 2016 timeftame.

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

The Region It office is located in a GSA leased space. The lessor advised Region II that Comcast is the only approved vendor to provide cable service in the Marquis Tower Complex.

a

By signing below, the technical requirements official noted above certifies that the justifications is accurate and complete to the best of hi&her knowledge and bellet.

Technical tCOR) Certification

Chris Bass, iT Specialist Date

This Is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and!or data provided to support the rationale and recommendation for approval Is accurate and complete.

Contracting Officer

(Type name and title) Date

References:

FAR 6.302 and Directives Handbook 11.7:

https://www.acguisition .pov/far/currenVhtml/Subpart%206 3.html#wi,1 086841 http:llwww.internal .nrc.cov/ADM/DAS/cap/Manapement Directives/mdl 1.1 .pdf