LimitingCompetitionunderSAT_Redacted.pdf

Control No: BU19-003

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command (MICC) Fort Buchanan.

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number TBD

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 19

Name of Proposed Contractor(s) and Address:

Puerto Rico Telephone Company (PRTC) dba CLARO

1515 Franklin D. Roosevelt Avenue

Guaynabo, Puerto Rico 00968-2705

Brand Name Buy: Yes No

3. Description of Services or Supplies:

The work shall include all tools, labor, management, materials, equipment, supplies and insurance for the relocation of underground fiber optic and telephone cable system and incidental civil work at Depot Road (within the 1300 Area), Fort Buchanan, Puerto Rico.

Contractor shall be required to commence work under this contract within 10 calendar days after notice to proceed by Contracting Officer, and complete entire work and have each facility system ready for use in 60 calendar days.

Total Estimated Value: $ 98,600

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

a. The U.S. Army Garrison Fort Buchanan has a contract for a new Army Reserve Center in the 1300 area. The contract is in the last stages of the design phase and the new construction/demolition is scheduled to commence on 1 October 2019. The new construction/demolition will interfere with a section of CLARO’s underground fiber optic and telephone lines, impacting their service therefore, it must be relocated.

b. CLARO is the owner, custodian of those lines and service provider of internet and the primary telecommunications for the base. Relocation of the lines requires equipment programming and transferring of CLAROs clients that needs to be carried out in their Central Office where only their technicians have access. The relocation of the fiber optic and telephone cables should save the integrity of the entire system since it must match at its connections in order to establish a continuous communication from start to end.

c. The Government had the option to provide the infrastructure, but it required a separate construction contract. Execution of another contract will delay the completion of the relocation that is required by 30 September 2019. In addition, CLARO has pre-qualified subcontractors that can perform the civil work. If an external contractor is contracted to perform the relocation, CLARO must pre-qualify them before perform the work.

d. Internet and telephone communication will be significantly affected or unavailable in several areas of the installation for an unknown period of time, affecting the mission and readiness of different departments within Fort Buchanan.

6. Publicizing Contract Actions:

In accordance with FAR 13.105(c) the action is not a brand name restriction and is under $150K, no posting required.

7. Market Research:

Market research was conducted to identify potential companies and their socio-economic groups that can fulfill this requirement. A Special Notice with the government’s intent to negotiate a sole source contract with PRTC dba CLARO was posted on FBO from 15-24 Jun 2019. Although a significant number of small business companies were identified MICC Fort Buchanan is considering negotiating a sole source contract with PRTC dba CLARO because CLARO is the owner and custodian of the lines. In addition, this contract must be awarded and work completed by 30 September 2019 due to the line location will delay the construction of the new U.S.

Army Reserve Center.

8. Other Facts:

None

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis with comparison between the contractor’s proposal and the independent government estimate.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.