9225720Q0047_JA_Sole Source_20-0006_Endorsed_Redacted.pdf

FOR OFFICIAL USE ONLY

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A) Document Template

November 2018

November 2018 FOR OFFICIAL USE ONLY – J&A No. 20-006

Justification for Other Than Full and Open Competition (J&A)

Authority: (10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1)

Project/Program Name: Atlanta international Airport Advertisement .

Component/PEO/Other: MARSOC R&A.

Estimated Contract Cost (including options) : $741,000.00

J&A Basic Value: $156,000.00

Type J&A: (Individual or Class )

J&A No.

20 - 0006 Generated when entered in log

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

MARSOC Contracting, BLDG RR400 Stone Bay, NC 28460

2. Description of Action: (FAR 6.303-2(b)(2)) Bridge Action (Yes or No )

A firm fixed price contract in the amount of $741,000.00 will be awarded to Clear Channel LLC. For advertising space at the Atlanta International Airport to include advertisement production, installation and removal of artwork. This contract action will include a base performance period of 9 Months plus include 4 additional (1 year) option years priced at $156,000.00 each.

Period of performance:

6 Aug 2020 – 5 May 2021 (Base) 6 May 2021 – 5 May 2022 (option 1) 6 May 2022 – 5 May 2023 (option 2) 6 May 2023 – 5 May 2024 (option 3) 6 May 2024 – 5 May 2025 (option 4)

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

This J&A Will cover the following:

The contractor shall provide space for advertisement display of two (2) Lit Tension Fabric Diorama (62" W x 43" H) located at the Atlanta International Airport for a 9 month base period plus 4, one (1) year optional periods.

Location 1: ATL-1BS-MGD-3 (Concourse B)

Location 2: ATL-1DN-MGD-3 (Concourse D)

The contractor shall cover two production/install/removal costs during the 9 month base period and each additional one (1) year option commitment.

The Contractor shall furnish all qualified supervisory, administrative, and other personnel to accomplish all contract requirements. At the time the work begins, the Contractor shall designate a responsible employee to supervise work and to coordinate with the Government representative.

chris.o.villalba.mil Highlight

November 2018 FOR OFFICIAL USE ONLY – J&A No. 20-006

4. Authority Cited: (FAR 6.303-2(b)(4))

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

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

MARSOCs mission is to man, train and equip Marine Special Operations Forces (MARSOF). As such, the demographic to target manning requirements for Special Operations Officers and Special Critical Skills Operators (SOO and CSO), is the Marine Corps. Advertising through ‘Clear Channel’ at Atlanta International Airport (ATL) allows for an exclusive location in a high traffic area that the target population passes through, and has potential to attract a high volume number of qualified candidates. Research shows that the two Lit Tension Fabric Diorama locations in Concourse B & D receive Eyes on Impression (EOI) of more than 3,132,326/monthly and more than 37.5 million annually making it a valuable advertising tool and a most advantageous procurement method for the MARSOC recruiting program/effort, all factors considered (see FAR 5.5).

The only advertising space in ATL offering utmost Marine influence is offered through ‘Clear Channel’. Further, ‘Clear Channel’ currently holds an exclusive agreement to serve as the ATL sole authorized advertising firm in these spaces. The endorsed documentation provided by ‘Clear Channel’ is located in the contract file. This acquisition is also conducted under the authority of paid advertisements per FAR subpart 5.5.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

A notice will be publicized as required by FAR 5.2.

7. Market Research: (FAR 6.303-2(b)(8)).

Research was conducted in order to identify alternative sources. Space avilalble at the identified locations in ATL is only offered through Clear Channel. Clear Channel currently holds an exclusive agreement to serve ATL as its sole advertising firm. No other sources were identified which could meet this acquisition requirement.

8. Other Authorities/Factors: (FAR 6.303-2(b)(9))

N/A

9. Interested Sources: (FAR 6.303-2(b)(10))

No other potential sources indicated an interest in writing.

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Information selected for removal will be highlighted in yellow much like this statement so that signature authorities will know what information will be removed after approval, before posting.

November 2018 FOR OFFICIAL USE ONLY – J&A No. 20-006

10. Technical and Requirements Certification: (FAR 6.303-2(c))

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:

NAME: __Rebecca Newman TITLE: ____Marketing and Advertising Manager

SIGNATURE: Rebecca Newman DATE: ____16 April 2020

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. A comparative price analysis will be conducted against the prices paid on previous contract H9225719P0036 for these exact services.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: ___________________________ TITLE: __________________________

SIGNATURE: _______________________________ DATE: _________________

Jose A. Gil, GySgt Contracting Officer

5/28/2020

November 2018 FOR OFFICIAL USE ONLY – J&A No. 20-006

13. Legal: SOFARS 5601-1

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: ___________________________ TITLE: __________________________

SIGNATURE: _______________________________ DATE: _________________

Maj Keske, Zenon W MARSOC Counsel

28 May 2020

November 2018 FOR OFFICIAL USE ONLY – J&A No. 20-006

14. Agency Advocate for Competition (AAC): (If over Procuring Activity Advocate for Competition Authority (PAAC), [see SOFARS 5601-1 for your component’s approval authorities], up to $13.5M. Note AAC must also sign above $13.5M. SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

NAME: ___________________________ TITLE: __________________________

SEE EFILE FOR APPROVAL (EMAIL)

November 2018 FOR OFFICIAL USE ONLY – J&A No. 20-006

15. Approval: (HCA Over $13.5M to $93M or SPE Over $93M )

Based upon the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) in the estimated amount of (identify estimated total value of the contract action including options). The requirement will be released under solicitation (identify solicitation number) on an other than full and open competition basis. The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

NAME: ______________________ TITLE: _______________________________

NOTICE 2

POST APPROVAL REQUIREMENT: IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009, this J&A will be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited.

In that particular case the J&A will be posted within 30 days. Prior to posting, previously identified proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, that has been identified IAW Notice 1 via yellow highlighting, will be removed in order to create a document that is no longer classified as “for official use only” and is thus, appropriate for public release. Follow the guidance found in the DCG for the redaction procees prior to public release.

16. HCA FAR 6.302-2 Approval: (Required when performance exceeds 12 months, regardless of contract amount )

Based upon the foregoing justification of exceptional circumstances, I hereby approve a cumulative period of performance to exceed one year, including all options, for the procurement of (state equipment/services being procured).

NAME: ______________________ TITLE: _______________________________