Sole Source JA ATR_MDBC-REDACTED.pdf

J&A #: 22-0087

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, MD.

2. Description of the Action Being Approved.

This Justification & Approval (J&A) authorizes and approves the issuance of a sole source award of a Firm-Fixed Price (FFP) fiber-optic maintenance contract with the Maryland Broadband Cooperative (MdBC) to support the Atlantic Test Range (ATR) mission-critical extended range data transfer requirements. This Sole Source Justification (SSJ) authorizes and approves the issuance of a contract action to only MdBC, as they are the only entity that is capable of providing this critical service.

3. Description of Supplies/Services.

The NAWCAD ATR has a requirement to secure operations, maintenance, and emergency repair services associated with subterranean and subaqueous fiber-optic cable connecting Building 2118 at Naval Air Station Patuxent River, Maryland to the NASA Wallops Flight Facility, Virginia. This fiber-optic link includes end-to-end coverage including the aforementioned endpoints as well as the multiple MdBC-owned signal regeneration stations located along the route.

The anticipated period of performance will be from June 2022 through June 2027. The estimated budget for this contracting effort is as follows:

Estimated Dollar Value in Thousands

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1) (formerly known as 10 U.S.C 2304(c)(1)), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD BLDG 441

PATUXENT RIVER, MARYLAND 20670-1127

The installation of the subterranean and subaqueous fiber-optic link, that will be maintained under this procurement vehicle, was funded by the Navy and executed via cooperative agreement N000421-08-2-0001 dated 26 September 2008 and subsequent Stop Gap (1) FFP contract N00421-20-P-0661 and Stop Gap II (2) FFP contract N00421-22-P-0034 which ends on June 12, 2022. The cooperative agreement outlined the terms of a mutually beneficial partnership between the Navy and the MdBC to share the significantly large installation cost associated with burying 90+ miles of dedicated fiber-optic cable, which includes a 9-mile portion under the Chesapeake Bay.

The MdBC cooperative was funded through various state, local, federal sources, including the Navy, to deliver fiber-optic connectivity to rural Maryland and Virginia on the Delmarva Peninsula. A large portion of the required path between NAS Pax River and NASA Wallops aligned perfectly with existing MdBC plans. By taking advantage of this alignment, Navy owned fiber-optic cable was buried alongside MdBC’s fiber-optic cable in the same trench.

Additionally, Navy-owned networking equipment was installed in MdBC’s equipment shelters to regenerate the signals for the length of the route. The approach resulted in a massive cost avoidance for the federal government, but also solidified the Navy’s future partnership with MdBC for the life of the fiber-optic cable.

Since the Navy-owned fiber is installed wholly within MdBC’s Rights-of-Way (ROW) and Navy-owned networking equipment in MdBC’s equipment shelters, MdBC is the only entity that is able to deliver required services associated with the operation, maintenance, and emergency repair of this critical Navy asset.

In addition to physical ownership of ROWs and facilities, MdBC is uniquely positioned to be the only entity that is technically able to meet the Navy’s requirements. As the original installing activity, MdBC has access to the knowledge, experience and documentation needed to locate and mark the cable, in response to Miss Utility requests. MdBC also has made significant investments to create their own 24/7 fiber-optical monitoring facility that covers their entire routes, which include all of the Navy-owned cabling. This enables rapid notification and emergency response to any interruption of service that will prevent the Navy’s ability to effectively and efficiently support ACAT test programs that conduct open-air, live-fire, and safety-of-flight critical operations over the Chesapeake Bay and Atlantic Ocean.

While there are third party entities that are able to repair any physical damage made to the cable, no other entity has the ability to ensure end-to-end maintenance of the fiber optic cable system owned by MdBC.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

In accordance with FAR 13.5, this procurement falls under the Simplified Acquisition Procedures for Commercial Items under $7.5M; therefore in accordance with FAR 5.203(a(2) and FAR 12.603 a combined synopsis and solicitation was posted on 2 March 2022 identifying the Government’s sole source intention to MdBC and requesting quote submittal. The combines synopsis/solicitation closed on 17 March 2022 and only one quote was received, from MdBC.

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Parraid to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAWCAD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAWCAD will assess whether competition for future requirements is feasible.