TeleGeography GlobalComm Database-signed_Redacted.pdf

FCC ENTERPRISE ACQUISITION CENTER (EAC)

Justification for Other than Full and Open Competition

1. Identification of the agency and contracting activity.

• 445 12th St., SW, #, Washington, DC 20554

a. FCC Requiring Activity.

o Library Services: e-Library and FCC Library Databases for eBooks.

o

b. Program Office information.

• Sheryl Todd

• 445 2th St., SW, TW-B240E, Washington, DC 20554

• Sheryl.Todd@fcc.gov

• (202) 418-7386

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

a. Acquisition purpose and objectives.

TeleGeography GlobalComms Database provides comprehensive information relative to wireline, wireless, and broadband competition, and regulatory and market developments in more than 170 countries, and for more than 340 wireline operators, 640 wireless network operators, 370 broadband service providers and 55 major multinational telecoms groups and key operator data including subscribers, market shares, and ARPU, updated quarterly.

As part of its recommendation to eliminate the Commission’s annual Traffic and Revenue

Reports (T&R Reports) and associated provider reporting requirements, the International

Bureau (IB) requests that the Commission purchase an annual enterprise license subscription for the TeleGeography Report and Database. This subscription will be more comprehensive than the Commission’s current collection and will provide IB with data and other information necessary to monitor and analyze the international communications market and industry moving forward.

b.

Project background.

The Traffic and Revenue rule at section 43.62(b) currently requires providers of international telecommunications services to report annually their traffic and revenue for international voice services, international miscellaneous services, and international common carrier private lines.

Rather than collecting this data annually, the IB recommendation, based on the record and as approved by OCH, is that the Commission instead rely on ad hoc data requests in combination with commercially available data to obtain the information necessary to take action against possible anticompetitive behavior on U.S.-international routes and for other regulatory purposes.

As part of our cost-benefit analysis in the rulemaking proceeding, we examined whether there were other cost-effective means for IB to continue to monitor and analyze the international communications market and industry. Parties in the proceeding suggested various possible sources of commercially available data, including TeleGeography. Based on our review, the

TeleGeography Report and Database is the best source of international telecommunications market data from a third-party source.

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

We need the aggregate settlement rates from the TeleGeography Report and Database for the

U.S.-Independent Samoa route for a more recent time period than the FCC annual data. The cost of the data is

a. Project title.

TeleGeography Report and Database for the ATH/AST Merger Review

b. Project description.

IB needs to obtain information included in the TeleGeography Report and Database for its review of a pending transaction – the acquisition of AST Telecom, LLC d/b/a/ Bluesky (AST) by

Amalgamated Telecom Holdings Limited (ATH), which was filed in December 2016.

• Requirement type.

Research & development (R&D)

☐ R & D support services

☒ Support services (non-R&D)

☐ Supplies/equipment

☒ Information technology (IT)

☐ Construction

☐ Architect-engineer (A & E) services

☐ Design-build

☐ Other (specify): ____________________

• Type of action.

☒ New requirement

☐ Follow-on

☐ Other (specify): ______________________

• Proposed contract/order type.

☒ Firm-fixed-price

☐ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee):

☐ Cost-plus-fixed-fee

☐ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee):

☐ Time and materials

☐ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

☐ Other (specify): ___________

Acquisition identification number: LIBR200037

Total estimated dollar value and performance/delivery period.

o Independent Government Cost Estimate for five years is

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

5. o This acquisition is conducted under the authority of 41 United States Code (U.S.C.) § 3304(a)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1 “Only one responsible sources and no other supplies or services will satisfy agency requirement”.

6. 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).

TeleGeography, A Division of PriMetrica, Inc.

One Thomas Circle NW, Suite 360

Washington, DC 20005

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

o 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.

• Determination by the Contracting Officer that the anticipated cost/price to the

Government will be fair and reasonable.

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

7. Any other facts supporting the use of other than full and open competition.

TeleGeography Report and Database for AST and ATH is provided by PriMetica, Inc. The Telegeography report is a sole source Database. The data and analysis provided in this report is Telegeography’s exclusive analysis of the voice market. This information and analysis is not available from any other source.

8.

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

9. 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.

11. o None

12. Program Office Certification.

This is to certify that supporting data (such as minimum needs statements, schedule requirements, or facts in support of the justification) contained or relied upon in this JOFOC that were developed by, or that are the responsibility of, the program office or technical personnel signing below, are complete and accurate.

OFFICIAL NAME & TITLE SIGNATURE DATE

Project Officer or COR Sheryl D. Todd 03/24/2020

Project Officer’s/COR’s Immediate Supervisor

Marlene H. Dortch 03/24/2020

Head of the Sponsoring Program Office

13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition is accurate and complete to the best of my knowledge and belief and that it has been reviewed and certified by the appropriate program or technical personnel as to supporting data for which they are responsible.

14.

Head of the Contracting Activity (HCA) Concurrence/Approval.

OFFICIAL NAME SIGNATURE DATE

FCC Head of the Contracting Activity Sunny Diemert

OFFICIAL NAME SIGNATURE DATE

FCC Contracting Officer

Sheryl D. Todd