Broadcasting Board of Governors JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION under FAR PART 13.5 1. Agency: Broadcasting Board of Governors , OMS Office of Contracting 2. Description of Action Being Approved: This action will result in the issuance of a firm fixed price contract that will be for a one year base and 4 - one year options. 3. Description of Supplies or Services Required to Meet the Agency’s Need: The services being acquired are for Zaou Mouanda. This includes Backup Power Generator Maintenance, providing fuel, repair of the FM broadcast system to include satellite reception equipment. The services, for Uninterrupted 24 x 7 FM Broadcast Operations, are to be provided in Lubumbashi, Goma, Kisangani, Bukavu, Matadi, Kananga, and Mbuji Mayi in the Democratic Republic of the Congo (DRC). The estimated value is $434,700.00, to include all option years. 4. Identification of the Statutory Authority Permitting Other Than Full and Open Competition: This acquisition is being conducted under the authority of Federal Acquisition Regulation Part 13.5 and 41 U.S.C. 1901, which is implemented under the authority of Federal Acquisition Regulations (FAR) 6.303-2. Only one responsible source and no other supplies or services will satisfy Agency requirements. The contracting officer deems only one source reasonably available because Zaou Mouanda is the sole maintainer of BBG’s FM broadcast system, Backup Power Generator Maintenance, and fuel for uninterrupted 24 x 7 FM broadcast operations in Lubumbashi, Goma, Kisangani, Bukavu, Matadi, Kananga, and Mbuji Mayi in the Democratic Republic of the Congo (DRC). 5. Identification of the Proposed Contractor’s Unique Qualifications or Nature of the Action Requiring Use of the Authority Cited: Currently Broadcasting Board of Governors (BBG) is using Zaou Mouanda for Backup Power Generator Maintenance, refueling, and FM broadcast system maintenance in the locations listed above. Mr. Mouanda has been given access to these facilities by the Congolese Government, because of the work he has done for years, for other International Broadcasters. Furthermore, because of the work he has done at these facilities over the years, he has an excellent working relationship with the local technicians. He knows who to go to, to get things done, which is vitally important in some of these locations because they are remote and void of many services on the local market. Office of Engineering and Technical Services has used Zaou Mouanda exclusively since November 1, 2016 for the aforementioned tasks in DRC. The current contract covers Lubumbashi, Kisangani, Goma, and Bukavu. The remaining three sites are new, Matadi, Kananga, and Mbuji Mayi and will come on-line around the end of February. Zaou Mouanda is uniquely familiar with BBG’s FM network in Africa. We’ve used him for a number of installations, as well as this work in DRC. No other company has the experience and knowledge to conduct this work to the level required, in the above locations. To allow another contractor into our network will compromise our ability to carry out our mission, of Uninterrupted 24 x 7 FM Broadcast operations, which could lead to potential interruption in service in the Democratic Republic of Congo (DRC). It is arguably the most difficult place we operate from in Africa. In most of these places we are on generator more than commercial power. If these generators are not properly taken care of and fuel provided, we will experience significant off air time. No other company has access to the locations and it would take time for another contractor to gain expertise knowledge and be trained to gain access. We need to continue uninterrupted service. Another company’s efforts would be frustrated by the lack of familiarity with and access to these government broadcast facilities, which host our equipment. Given the Agency’s considerable investment to date with Zaou Mouanda, it would be cost prohibitive to abandon the existing Backup Power Generator Maintenance and Uninterrupted 24 x 7 FM Broadcast Operations and start from scratch. 6. A Description of the Efforts Made to Insure That Offer Are Solicited From as Many Sources as Practicable: BBG Office of Engineering and Technical Services conducted market research to determine if other sources were available for competition or if there were equal services that could be acquired. The use of SAM.gov, the Federal Supply Schedules, and the internet were used to determine if any solutions would meet the needs and solve its problems of compatibility. A determination was made that only a single source can provide the services. 7. Contracting Officer’s Fair and Reasonable Determination: The BBG contracting officer will make the determination of fair and reasonable pricing for this action using historical pricing, Independ Government Estimate (IGE), and any other logical method, before award. 8. A Description of the Market Research Conducted: The Office of Engineering and Technical Services has performed market research to find a solution that will meet its needs. It performed internet searches as well as GSA Advantage, the System for Award Management (SAM), previous purchases of similar acquisitions, phone calls, company catalogues. 9. Any Other Facts Supporting the Use of Other Than Full and Open Competition: Zaou Mouanda is the only provider identified for Backup Power Generator Maintenance to be completed in the above listed areas in section 3. 10. A Listing of the Sources, if any, That Expressed, In Writing, an Interest in the Acquisition: A synopsis of notice of intent to award a sole source will be posted in the near future. 11. Statement of Actions, if any, To Remove Barriers to Competition in the Future: The Broadcasting Board of Governors will make efforts to obtain competition by soliciting offers from as many potential sources as is practicable under the circumstances. An informal analysis of the market and evaluation will be made before the exercise of any option to determine remove barriers to competition. .