AMA Cable Television Service

Added: Apr 01, 2016 11:58 am DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval (J&A) For

Other Than Full and Open Competition (>$150K)





Acquisition Plan Action ID: VA258-16-AP-0788



1. Contracting Activity: Department of Veterans Affairs, VISN 18, Amarillo VA Health Care System 2237 Number: 504-16-2-5131-0005



2. Nature and/or Description of the Action Being Processed: This procurement is for Cable Television Subscription Services at the Amarillo VA Health Care System (AVAHCS), located at 6010 Amarillo Boulevard West, Amarillo, TX 79106. Services are also needed for two Community Based Outpatient Clinics (CBOCS). The first is located at the Lubbock Outpatient Clinic, 6104 Avenue Q South Drive, Lubbock, TX 79142. The second is located at the Clovis Outpatient Clinic, 921 East Llano Estacado, Clovis, New Mexico 88101. Services are currently being provided to these locations by Cebridge Acquisition L.P. DBA Suddenlink Communications, located at 3015 Southeast Loop 323, Tyler, TX. 75701-7320 which is a large business. This action is a follow-on action to ensure the continued services that are currently being provided. The NCO18/AVAHCS intends to award a firm-fixed-price contract via "other than full and open competition".



3. Description of Supplies/ Servic es Required to Meet the A gency's Needs : The Thomas E. Creek VA Health Care System in Amarillo, Texas is seeking to award a contract to provide cable television services, equipment, and labor. There are a total of 474 cable drops at the AVAHCS, 14 at the Lubbock CBOC, and 2 at the Clovis CBOC. No new drops are needed to be installed at this time.



The Department of Veterans Affairs recognizes that Federal law prohibits the Government from requiring specific programming on the cable television system. As allowed under 47 U.S.C. (b)(2), the Department of Veterans Affairs is requesting that the provided programming fall under the broad categories of local channels, 24 hour news, weather, sports stations, super stations, family favorites, and Government channels.



The estimated value of these services for the base year is $80,736.00 with the potential of four option years. The total estimated value of the procurement including option years is $492,888.00. The period of performance for the base year is April 1, 2016 through March 31, 2017. The fourth option year would end on March 31, 2021.



4. Statutory Authority Permitting Other than Full and Open Competition:



( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6;



( ) (7) Public Interest per FAR 6.302-7;



5. Demonstration that the Contr ac tor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The AVAHCS is located in a market area or region where there is only one Cable Television Subscription Services provider. AVAHCS Engineering advises that AT&T is in the process of building a fiber optics backbone in Amarillo so they can offer U-verse entertainment packages, but that is still a couple of years away. AVAHCS Engineering further advises for this facility to unilaterally shift to satellite, the purchase of at least 70 channels of satellite receiver equipment would be required. In order to accommodate the new equipment, a construction project to enlarge the server bay where the equipment would reside would be necessary. The AVAHCS would also have to purchase off-air equipment so as to continue to provide emergency coverage of local stations when the weather prevents satellite reception. For the reasons cited in this paragraph (construction of server bay, altering the facility, etc.), the costs of transitioning to a satellite provider would not be advantageous to the Government as there would be a substantial duplication of cost to the Government that is not expected to be recovered through competition.



6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Source Sought Notice was posted on FedBizOpps on December 29, 2015 and closed on January 7, 2016. The notice number is VA258-16-Q-0095_1. No vendors responded. NCO18/AVAHCS intends to award a firm-fixed-price via "other than full and open competition" contract with a large business, Cebridge Acquisition L.P. DBA Suddenlink Communications, located at 3015 Southeast Loop 323, Tyler, TX. 75701-7320 for a base plus four option years.



7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Market research was conducted IAW FAR Part 10. Suddenlink meets the Government's minimum needs, and pricing is comparable to previous procurements. The pricing/cost and other factors considered represents the best value to the Government. The estimated value of these services for the base year is $80,736.00 with the potential of four option years. This is for a total of 490 cable drops with approximately 49 channels of programming on each drop. The estimated cost per drop per month for the base year is $13.73. The total estimated value of the procurement including option years is $492,888.00. The COR accounted for an estimated 10% per year increase in price per their standard procedure.



Further research on the FedBizOpps website for cable television subscription services revealed the following information for similar services at other Government facilities:



Facility Name Award Date Award Amount Number of Drops Approximate amount per drop, per month

Saint Louis VA Health Care System 10/2/2015 $37,137.99 200 $15.47

Department of Homeland Security - Federal Law Enforcement Training Center 9/28/2015 $131,535.72 1,072 $10.23



8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 7 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.



9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Per Section 5 above, the AVAHCS is located in a market area or region where there is only one Cable Television Subscription Services provider. The costs of transitioning to a satellite provider would not be advantageous to the Government as there would be a substantial duplication of cost to the government that is not expected to be recovered through competition.



10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:



Cebridge Acquisition L.P.

DBA Suddenlink Communications 3015 Southeast Loop 323

Tyler, TX 75701-7320



11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: Market research has been conducted to identify other vendors who meet the Government's needs for cable television subscription services, and there are no other vendors within the area or region serving the AVAHCS at this time. It is the intent of the AVAHCS to conduct market research on future requirements to include the issuance of a RFI/Sources Sought Notice to identify other television subscription services vendors who may be interested in participating in future requirements to promote maximum competition.



12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and 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.



ROBYN J. NUSSBAUM







Digitally signed by ROBYN J. NUSSBAUM 393482

DN: dc=gov, dc=va, o=internal, ou=people, 0.9.2342.19200300.100.1.1=robyn.nussbaum

@va.gov, cn=ROBYN J. NUSSBAUM 393482



393482 Date: 2016.02.19 11:07:57 -06'00'





Robyn J. Nussbaum Date

Contract Specialist







13. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP.



a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.



BRIAN L.

BROWN

1Na0m3e4: B7r6ia7n L. Brown Title: Contracting Officer



Digitally signed by BRIAN L. BROWN 1034767

DN: dc=gov, dc=va, o=internal, ou=people, 0.9.2342.19200300.100.1.1=brian.brown

2@va.gov, cn=BRIAN L. BROWN 1034767 Date: 2016.02.19 11:14:19 -06'00'











Date



b. Director of Contracting /Designee (Required $150K and above): I certify the justification meets requirements for other than full and open competition.



KELLY M.



Digitally signed by KELLY M. DODSON 185769 DN: dc=gov, dc=va, o=internal, ou=people, 0.9.2342.19200300.100.1.1=kelly.dodson@va.



DKellOy MD. DoSdsoOn



N 185769



gov,



Date DODSON 185769



NCO 18 Division Chief



Date: 2016.02.19 10:16:19 -07'00'