SSJ SIGNED REDACTED.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

9/9/2021

NMRTC PENSACOLA / FACILITIES

I. BACKGROUND:

The service or material listed on for competition is precluded for the reasons indicated below on this justification for other than full and open competition, in accordance with:

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 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 is not expected to exceed the simplified acquisition threshold) FAR 8.405-6(a)(1)(i)(b): only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized FAR 8.405-6(b)(1): Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

II. DESCRIPTION OF ITEM OR SERVICE:

Manufacturer Details:

information as well).

Name: MEDIACOM SOUTHEAST, LLC

POC:

Phone Number: E-mail:

(if applicable):

Name:

POC:

Phone Number: E-mail:

PROVIDE A DESCRIPTION OF THE ITEM OR SERVICE REQUIRED

Estimated Cost: RDD/POP: 10/1/2021 - 9/30/2026

Description: Bulk Family and Local Plus TV

Follow-on contract to for Bulk Family and Local Plus TV Service for Naval Hospital Pensacola (NHP) with a Base Year of 12 months, and four (4) one year options per

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

BASED ON THE FOLLOWING (select one):

ONLY ONE RESPONSIBLE SOURCE (example: OEM technical representative) LIMITED SOURCE (example: multiple OEM authorized technical representatives) BRAND NAME SOLE SOURCE (example: OEM replacement part) BRAND NAME LIMITED SOURCE (example: multiple OEM authorized part distributors) UNUSUAL AND COMPELLING URGENCY (example: Urgent Requirement, work stoppage, mission critical)

IV. SUMMARY OF MARKET RESEARCH TECHNIQUES UTILIZED:

Researched online resources for cable television providers for zip code 32512. Only one provider for cable television the area was returned. Contacted Mediacom for a quote, and they confirmed a franchise agreement that provides them exclusivity to the area for cable television services.

SECTION 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

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.

FORM, FIT AND FUNCTION. The required items are direct replacement parts/components for existing equipment and must be compatible in terms of form, fit and function with existing equipment/ configurations.

Provide the following information:

1. Make and Model Number:

2. Explanation of how direct replacement parts/components must be compatible with existing equipment (i.e. reagents & analyzers, electrical system of medical equipment, etc.):

UNIQUE FEATURES. Similar products lack features that are necessary to meet the Government's minimum needs (i.e. Beckman WA-96 Plus analyzer vs. Becton Phoenix M50 analyzer). Provide the following information:

OTHER REASONS. Other reason not identified above.

SECTION B:

BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

SECTION C:

UNUSUAL AND COMPELLING URGENCY.

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent Requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

Under a Franchise Agreement with area vendors, Mediacom is the provider of record for NAS Pensacola, NHP Pensacola and surrounding area.

IV. CERTIFICATIONS/APPROVALS:

Section 1: Department Representative / Technical Reviewer complete the following:

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:

Print Name

Phone Number Date:

Section 2: Contracting Officer (KO) complete the following:

Requirements Certification: I certify that the justification is accurate and complete to the best of the belief.

KO Signature:

KO Print Name

Phone Number:

Date:

Justification is disapproved on the following basis: