Starlink Brand Name Restricted Competition-signed.pdf

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION (FHWA)

WESTERN FEDERAL LANDS HIGHWAY DIVISION (WFLHD)

Restricted Competition – Brand Name

1. Identification of the agency and the contracting activity

FHWA-WFLHD, 610 East Fifth Street, Vancouver, WA 98661-3801.

2. Nature and/or description of the action being approved

Justification and approval to restrict competition to award a contract for BRAND NAME Starlink© Roam-Unlimited Satellite Internet Service and BRAND NAME Starlink© Mini Equipment Packages for the Construction Branch for secure consistent communication and safety for staff that are often working alone on site.

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

WFLHD does not have adequate cellular/internet coverage to support the awarded construction projects that these Starlink Roam-Unlimited Satellite Internet Services and Mini Equipment Packages will provide support for. The mission-critical mobile units are to be affixed to the Government GOV's for communications from remote field locations that lack any connectivity. The increased communication abilities will be used for increased safety for field personnel that are often working alone in very remote environments. The units will enable real time tracking of personel and increases in effeciency by being able to file reports, photos, and contract administration documents from the field location. Without these units delay project delivery could occur.

The total estimated amount of the anticipated contract, if all options are exercised, is $484,000.00 to be expended over a 60-month period of performance.

4. Statutory authority permitting other than full and open competition

The authority to enter into a contract for this effort without full and open competition is 41 U.S.C. 1901 under FAR 12.201-1, Simplified procedures.

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

WFLHD has been testing booster systems and satellite internet as well as satellite phone for safety and communications for rural projects across WA, OR, ID, MT, WY, MT, and AK.

There have been barriers on all of the previously mentioned technologies and found there to often be no service. Testing also included Starlink low orbit satellite network to provide easy access and consistent internet and wi-fi calling. The barriers in this arena of technology is that currently there is only one company, Starlink, that offers the technology and service needed.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized

The solicitation will be published via GSA eBuy to reach the maximum amount of capable vendors.

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

WFLHD will ensure that all costs associated with the proposed contract are fair and reasonable and will perform a thorough analysis of the Offeror’s quotation to substantiate this determination.

8. Description of the market research conducted and the results or a statement of the reason market research was not conducted

The market research that was conducted looked at industry and low orbit satellite internet providers that could meet the construction branch needs of mobile rural connections across WA, OR, WY, AK, ID, MT and beyond. Market research was conducted by WFLHD on-site through the region served and found that that other providers such as Hughes Net, Viasat could not meet the mobile use for our rural projects. Only one unit Starlink mini units could allow for high speed internet and wi-fi calling. The other brands look at didn’t provide the mobile access and often have band width and throttle the internet speeds to users, whereas the Starlink unit when close to open sky views performed very well. Looking at comparisons and the needs of the user during our research it was found that only Starlink met the current needs for the branch.

9. Other facts supporting the use of other than full and open competition

There was only one brand that was found to meet the internet and calling features while being remote and mobile and that was Starlink. With only one capable provider of this service, full and open competition would ultimately result only one brand of service being capable of meeting the government’s requirement.

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

None

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 supplies or services required.

Due to the technological nature of the acquisition as stated in paragraphs 5 and 8 above, any future procurements will be handled on a case-by-case basis.

12. Certification and Approval

I certify that the information provided in this justification is complete and accurate to the best of my knowledge and belief.

Based upon the preceding information, I hereby recommend approval of this Justification for Rescticted Competition – Brand Name to award a contract for BRAND NAME Starlink Roam- Unlimited Satellite Internet Services and BRAND NAME Starlink Mini Equipment Packages.

Knud W. Martin, Contracting Officer’s Representative Date

Legal Sufficiency

Rayann Speakman, Division Counsel Date

Approved

Doug Taylor, Contracting Officer Date