A.02 Sole Source Justification and Approval.pdf

: CUI

CUI

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: Non-Commercial Sustainment Advertising (NCSA) Through State Broadcasting Agencies.

Estimated Amount: $930,000to include one base year plus two 12-month option years

Prepared by:

Curtis P. Clements DSN: 608.427.7209

Title: Contract Specialist _Date: 20231214

E-mail:curtis.p.clements.civ@army.mil

Contracting Officer: Zachary R. Tevis DSN: 608.427.7209

Reviews

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

Legal Counsel

Typed Name: COL Douglas H Moore DSN: 724-3077

Signature: _________________________________ Date: ______________________

Sole Source Justification and Approval

Under FAR 13.501

1. Contracting Activity: USPFO for Wisconsin

2. Description of Action: This is a firm-fixed priced contract using FY 24 O&M funds for the base year, FY25 O&M funds for the 1st option year, and FY 26 O&M funds for the 2nd option year.

JUL2021

3. Description of Supplies/Services: The purpose of this contract is to help support the Wisconsin Army National Guard (WIARNG) Strength Management mission. WIARNG will use the Non-Commercial Sustainment Advertising (NCSA) program to broadcast its radio and television announcements in an affordable manner. Broadcasted advertisements increase public awareness of the ARNG, clarify public understanding of the National Guard’s mission, and improve the public’s perception of WIARNG. More importantly, use of a consistent, high-quality, nationwide message enhances the Guard’s image in the minds of potential recruits and their influencers, resulting in qualified recruitment leads.

Period of Performance: 01 MAR 2024 to 28 FEB 2027 Total Value: $ 930,000

CLIN 0001 NCSA Advertising QTY 12 Months 01 MAR 2024 to 28 FEB 2025

CLIN 1001 NCSA Advertising QTY 12 Months 01 MAR 2025 to 28 FEB 2026

CLIN 2001 NCSA Advertising 12 Months 01 MAR 2026 to 28 FEB 2027

4. Authority Cited: in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items".

5. Reason for Authority Cited: FAR 13.501(a)(1)(ii) is the authority cited for the following reasons:

1. The services request are commercial in nature and fall within the simplified acquisition procedures (SAP) threshold for commercial items or services.

2. This contract is made exclusively through State Broadcasters Associations (SBAs), which are represented nationally by the National Alliance of State Broadcasters Associations (NASBA). Each state has its own SBA which represents its radio and television broadcasters. The SBA broadcasts in a variety of markets (large and small) throughout a given state, while giving priority treatment for available airtime, receiving repeated air-time through a campaign, and is more likely to air in desirable time slots between 6:00AM and 12:00 AM (Midnight) local standard time. This contract is intended to help Government agencies and nonprofit organizations deliver their important public interest messages effectively and affordably. Various state and local Government agencies use this contract to promote transportation and highway safety issues/initiatives, health and human services, emergency awareness and preparedness, tourism, consumer protection and education and many others.

3. The Wisconsin Broadcaster Association is Wisconsin’s State Broadcasting Association the only vendor that can offer NCSA Radio and Television in the state of Wisconsin.

6. Efforts to Obtain Competition: An intent to sole source posted to www.sam.gov in order to determine if there is competition available that the Government did not find through its market research.

7. Actions to Increase Competition: No actions are taken to increase competition. No other vendor is capable of offering NCSA ads to the Government. The purchase of NCSA advertising at the scale required would be far more expensive. Estimated to be four times more expensive then NCSA advertising.

8. Market Research: Market research show that only one vendor is authorized to advertise using the NCSA program, each state has its own version of the NCSA program in order to provide low-cost advertising to Government and other non-profit organizations.

This has historically been done through a national Indefinite Delivery Indefinite Quantity (IDIQ) Contract with task orders being issued to each states State Broadcasting Association (SBA). Currently each state that wishes to use the NCSA program are creating their own purchase orders through their states designated broadcasting agency. The Wisconsin Broadcasting Agency currently serves as WI’s broadcasting agency. For this reason, no other vendors have been identified or are believed to be able to fulfill this requirement.

9. Interested Sources: To date, no other sources were found via internet searches nor have written to express an interest however, an intent to sole source will be posted to www.sam.gov and interested vendors will have until 16 JAN 2024 to do so in order to be considered qualified for competition.

a. Procurement history. National Guard Bureau (NGB) has historically contracted this through a national IDIQ W9133L-17-D-0001. Wisconsin Army National Guard’s portion of this in FY21 was $310,000. In FY 23 the WIARNG was given their own allotment to do a stand alone Purchase Order for Non-Commercial Sustainment Advertising (NCSA) through State Broadcasting Agencies.

Previous contracts for consolidated advertising have been recently used.

W912J2-23-P-0011 WI Broadcasters

Association $310,000

W9133L-17-D-0001 WI Broadcasters Association

$310,000

11. 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.

Signature: ________________________________Date: ________________________

Typed Name: SFC Chad Sullivan Title: Program Manager

13. Fair and Reasonable Price Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable in accordance with FAR 13.106-3(a)(2)

(2) If only one response is received, include a statement of price reasonableness in the contract file. The contracting officer may base the statement on-

(i) Market research;

(ii) Comparison of the proposed price with prices found reasonable on previous purchases;

(iii) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price;

(iv) A comparison with similar items in a related industry.

(v) The contracting officer’s personal knowledge of the item being purchased.

(vi) Comparison to an independent Government estimate; or

(vii) Any other reasonable basis

Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ________________________

Typed Name: Zachary R. Tevis Title: Contracting Officer

14DEC2023

Approved by:

Signature: ________________________________Date: ________________________

Typed Name: Robert A. Boesen Title: Chief of Contracting Office