Sole Source Justification FY21 Cable.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. A contractor is needed to provide on-site cable TV services. Services include continuous and uninterrupted cable service, twenty-four (24) hours a day, seven (7) days a week for varying levels of cable TV packages.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. N/A RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. N/A EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

X OTHER REASONS. In accordance with FAR 13.106-1(b), There is currently only one reasonably available source that can provide cable TV service to Marine Corps Base Hawaii (MCBH) and Camp Smith: Time Warner Cable Enterprises LLC.

Cable TV providers need to have a franchise agreement in order to provide the service on-base. There are two companies that have a franchise agreement with MCBH, Spectrum and Hawaiian Telecom. However, Hawaiian Telecom can only provide service to base housing due to their existing infrastructure; Spectrum, on the other hand, can provide services to base housing and the work areas of MCBH and Camp Smith where the service is required. Companies that provide satellite TV service (essentially the same as cable TV) are precluded from competition because they would have to get approval from the Facilities Department and the Communications Office (i.e., S-6) to install a satellite dish and the necessary cabling

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.3 (28 June 2018) to get the TV signal to various office spaces. A purchase order/contract cannot be awarded contingent on the approval from Facilities and S-6. It is for these reasons that the contracting officer has determined Spectrum is the only reasonably available source for cable TV.

B. N/A BRAND NAME

C. N/A URGENT AND COMPELLING.

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date