(Released)MICC14-61(Redacted).pdf

MICC Control No. 14-61 MICC POM Control Number14-18

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Local Small Business Specialist

Name: DSN:

Signature: Date: 26 Jun 2014

Director

Name: DSN:

Signature: Date: 26 June 2014

POM Legal Counsel

Name: DSN:

Signature: Date: 3 July 2014

MICC FDO Legal Counsel

Name: DSN:

Signature: Date:

JUSTIFICATION DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Foreign Language Television Broadcast

1. CONTRACTING AGENCY: Mission & Installation Contracting Command

2. DESCRIPTION OF ACTION: This J&A is in support of a bridge modification to Contract No. W91LV2-11-C-0009. The modification to extend the contract three

(3) months will be supported by funding from FY14. This action is required to preclude a break in service.

3. DESCRIPTION OF SUPPLIES/SERVICES: The contractor provides services to deliver satellite-transmitted, web-streamed, and internet-downloadable international television programming also applicable for mobile devices to DoD users to support language learning in languages of military interest with access to Digital Archive and web-support; provides searchable database with copyright–cleared recorded audio and video resources for all available languages; provides copyright-cleared newspaper materials; provides online learning lesson materials for languages as specified; provides speech-to-text machine transcription and translation services for specified languages; provides digitized editable text materials for specified languages; provides newspaper materials in PDF format; provides videos recorded about everyday situations as specified; provides website and database support; maintains user authentication database, provides quarterly usage/user statistics reports and adheres to delivery schedule as stated.

4. AUTHORITY CITED: This action is authorized under provisions of 10 U.S.C.

2304(c) (1) as implemented by Federal Acquisition (FAR) 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. REASON FOR AUTHORITY CITED: This action is required because efforts to award the follow-on action have failed. The end of the contract is 25 June 2014 and despite efforts to award a competitive contract a major change in the advertised requirement requires a re-solicitation.

a. Background:

The Government has been in a contractual arrangement with , the provider of Foreign Language Television Broadcasting (FLTVB) since 26 September 2008. Previous contracts were awarded out of the Ft. Dix contracting office. Each of the previous actions were competitively solicited after market research; however, no other responsible offerors submitted compliant proposals.

In order to determine if competition existed within the marketplace, MICC- POM on 19 March 2013 posted a sources sought for the services described as Foreign Language Television Broadcast (FLTVB). From this sources sought, three additional offerors came forth with statements of capability suggesting that they could perform portions of the various requirements. On 15 April 2013, the Requiring Activity reviewed those statements of capability confirming that the offerors could not meet the Government’s needs. Clarification letters were sent out to three offerors on 23 April and 26 April 2013. Based on the review of the information provided, the Contracting Officer determined that there was not acceptable information to justify a sole source determination. The Contracting Officer determined that the offerors may be able to combine resources and arrange a partnering or joint venture that could meet the Government’s requirements.

The subsequent solicitation, W9124N-13-R-0055, closed on 15 November 2013 with only one offeror submitting a proposal. The Government has been negotiating with the sole offeror, , since 19 December 2013.

has the infrastructure needed, as well as the appropriate copyright clearances. It has also built up service capability. The negotiations have focused on determining whether the pricing offered is fair and reasonable.

The initial plan was to reduce the scope of the requirement (e.g. the satellite rebroadcast requirement). However it was later determined that a reduced scope would not satisfy the Government’s requirements.

b. Alternatives:

There are three basic alternatives before the Government at this time.

Those alternatives are as follows:

Lapse in Service – The Government’s first option is to let the current contract expire. This alternative is unacceptable to the Government, as current stakeholders require the material for continuing language training programs throughout the Federal Government. Current users are provided with languages/dialects and current programming required for various Government missions. These capabilities allow users who are deploying to regions throughout the world to maintain mission effectiveness and efficiency. This is not a viable alternative.

Re-compete the Acquisition – The Government would have the option to completely restart the acquisition process under a competitive solicitation to secure the provider of this service. To restart the acquisition process would result in a lapse in service, as it would take at least ninety (90) days to fully evaluate any new proposals. This is not a viable alternative.

Sole Source Extension – Extending the current contract will allow the Government to continue service, as well as reassess requirements and post a revised PWS out to industry allowing interested parties to compete in a future requirement. The Sole Source Extension will allow for continued service, additional competition opportunities and timely award of a new contract.

c. Justification:

As stated above, this J&A document is citing the authority at FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

1. This action is a follow-on to an existing contract (W91LV2-11-C-0009).

2. The Government requires continued service to avoid the impacts caused by unacceptable delays in the fulfilling of the agency’s requirements. (see paragraph “e” below).

3. The services being provided by the current contractor are specialized in nature. The current contractor has domestic rebroadcast rights of foreign language broadcasts. Only the current contractor has the infrastructure and service capability that allow along with copyright clearances that allow the users the ability to view programming in highly secure locations. The Government is unaware of any other business entity which can provide and the needed, necessary services at this time.

4. An award to another entity would result in a delay to vital Government services impacting mission readiness.

d. Prior Acquisitions:

The current contractor has been performing successfully since 2008.

e. Impact:

As indicated by the requiring activity for this acquisition, the DoD agencies, along with others in the intelligence community depend on the provided services as part of their on-going educational activities.

A delay in the service would result in negative impact to mission readiness at DoD language schools. The intelligence community would also suffer negative impacts by not having access to various international news outlets. Significant degradation to operations and potential national security issues could result.

6. EFFORTS TO OBTAIN COMPETITION:

The Army published a sources sought synopsis in an attempt to determine whether others in the marketplace could provide the language services. Four firms, including the incumbent, responded that they could provide the needed services.

7. ACTIONS TO INCREASE COMPETITION:

Future requirements will be competed to the maximum extent practicable.

8. MARKET RESEARCH:

A sources sought inquiry resulted in four (4) business entities stating they could perform the needed requirements. The incumbent is able to meet the needs of the Government.

The market research further indicated that partnerships created by the market, along with internet based solutions may possibly meet the Government’s need in the future.

9. INTERESTED SOURCES:

Four business entities responded in writing to the sources sought issued.

was received at the time set for the receipt of solicitation closing.

Approval

Based on the foregoing justification, the signature below confirms my verbal approval, provided on 25 June 2014 to , Director MICC-POM, for the procurement of Foreign Language Television Broadcast services on an other than full and open competition basis pursuant to the authority of FAR 6.302-1 –-- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Signature: Date:

Name Dean Carsello Title Special Competition Advocate Agency Mission & Installation Contracting Command

CARSELLO.DEAN.M.1230116675

2014.07.03 15:34:34 -05'00'