A.03 JA Sole Source (AFN Stuttgart)_Redacted.pdf

CUI//SP-SSEL

Control Number: PAN409-25-P-0000 003341

(Source Selection Information - See FAR 2.101 and 3.104-4)

1 JUN 2023

Justification Review Document

For Sole Source - FAR Part 13.501* (*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: American Forces Network-Europe FM Radio Media Broadcasting.

Authority: FAR 13.5 “Simplified Procedures for Certain Commercial Products and Commercial Services".

Amount: including Base year and two (2) option years.

Prepared by:

Typed Name: _______________ DSN:

Title: Telecommunications Specialist Date: 30 MAY 2025

E-mail:

Contracting Officer:

Typed Name: _ _________________DSN:

Date Reviewed: 30 May 2025

E-Mail: l

Typed Name: _______________ DSN:

E-mail:

Requirements Representative:

Typed Name: _______________ DSN:

(Source Selection Information - See FAR 2.101 and 3.104-4)

2 JUN 2023

Reviews

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

Legal Counsel

Typed Name: ____________________DSN: ______________________

Signature: __________________________________ Date: ______________________

(Source Selection Information - See FAR 2.101 and 3.104-4)

4 JUN 2023

process and difficult to obtain due to over-crowding of the FM radio spectrum and the fact that commercial (fee based) frequency applications are prioritized over private and US government requests.

The site identified in this requirement is licensed by the German Bundesnetzagentur to broadcast at specific geographical location owned by Media Broadcast GmbH. In 1989, the German government began privatization of the Deutsche Bundespost (DBP) and the Federal Ministry of Posts and Telecommunication (BMPT), which included transmitter and antenna sites in Germany. Media Broadcast GmbH was awarded exclusive rights for the operation and maintenance of the transmitter site and owns the site where our transmitter is located. For a competing vendor to offer a broadcast transmitter with maintenance support, they would have to either sub-lease the facility and power as a minimum from Media Broadcast GmbH to transmit from the licensed geographic location or obtain a new license for the location which would require the host country approval and coordination with neighboring countries in accordance with ITU agreements. Due to extreme frequency overcrowding in the FRG, AFN Europe discussions with BNA for new locations or frequencies of operation have not been productive over the past five years. A new vendor would have no guarantee of success, and failure to obtain the necessary permits and establish new locations before the current contract ends, would result in the shutdown of the AFN radio transmitter site.

Time delays would result in the current contract expiration, resulting in the shutdown of the transmitter, which broadcast to AFN Radio programming to the Stuttgart military community in Germany. In addition to regular radio programming, AFN radio broadcasts are used to inform the military communities of dangerous situations, inclement weather and emergencies in the English language. There are no other English broadcasts in Germany.

6. Efforts to Obtain Competition: Due to the specificity of the Geo location for the location under license 77952972 for the transmitter, lack of alternative frequencies or sites, severe FM broadcast spectrum overcrowding and BNA priority of assignments to commercial licensees, there are limited possibilities for competition that won't involve a Media Broadcast agreement. AFN-E will continue to monitor the situation and seek alternative transmitter locations that could serve our audience listening areas and expand the potential for competitive offers in the future.

7. Actions to Increase Competition: This request is follow-on to W564-V-20-P0069 that was non-competitively awarded 31-Jul-2020.

8. Market Research: Due to the Government regulations and legal requirements for the specific locations, frequencies and because the licenses belong to Media Broadcast, the current contractor. The result is, there is only one firm currently authorized and licensed by the German Government making it capable to perform this requirement.

(Source Selection Information - See FAR 2.101 and 3.104-4)

5 JUN 2023

9. Interested Sources: Not applicable.

10. Other Facts: There is only one firm licensed and authorized by the German Government making it capable to perform this requirement.

a. Procurement history. Contract action W912CM-10-C-0003, had four locations: 1 AM transmission site in Stuttgart Hirschlanden, 1 FM transmission site in Stuttgart Frauenkopf, 1 FM transmission site in Frankfurt Feldberg, and 1 FM transmission site in Garmisch-Partenkirchen and static RDS service (AFNEAGLE) for the FM transmitters.

During the last option year of W912CM-10-C-0003, the AM site in Stuttgart Hirschlanden was closed, leaving the requirement for continued services at 3 FM transmitter sites, 1ea in Stuttgart Frauenkopf, Frankfurt Feldberg and Garmisch- Partenkirchen.

In contract, HQ0516-15-C-0006, Media Broadcast was contracted for three FM transmission sites in Garmisch-Partenkirchen, Stuttgart Frauenkopf, and Frankfurt Feldberg. During the option years of HQ0516-15-C-0006, two FM transmission sites

Frankfurt Feldberg and Garmisch-Partenkirchen were closed, leaving the requirement for continued services at one FM transmitter site, Stuttgart Frauenkopf.

As a result, this market research is for a follow-on contract.

Details on the previous contracts are below:

Procurement History:

Contractor Name: Media Broadcasting Business Size: Approximately 700 staff and faculty AFN-E Contract: W912CM-10-C-0003 Contract Period of Performance: 01 February 2010 through 31 January 2011 with 4 option years Method of Acquisition: Sole Source

Contractor Name: Media Broadcasting Business Size: Approximately 700 staff and faculty AFN-E Contract: HQ0516-15-C-0006 Contract Period of Performance: 01 August 2015 through 31 July 2016 with 4 option years Method of Acquisition: Sole Source

Contractor Name: Media Broadcasting Business Size: Approximately 700 staff and faculty AFN-E Contract: W564KV-20-P-0069 Contract Period of Performance: 01 August 2020 through 31 July 2021 with 4 option years

(Source Selection Information - See FAR 2.101 and 3.104-4)

6 JUN 2023

Method of Acquisition: Sole Source

11. Technical 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.

Typed Name: _______________ DSN:

Title: Telecommunications Specialist Date: 30 MAY 2025

E-mail:

12. 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.

Typed Name: _______________ DSN:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The basis for this determination is a comparison of previous contract pricing (W564KV- 20-P-0069) along with the IGE for this requirement. As part of the determination, certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Signature: ________________________________Date: _______________

Typed Name: Title: Contracting Officer

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: Title: Contracting Officer

(Source Selection Information - See FAR 2.101 and 3.104-4)

7 JUN 2023

Approval

Based on the foregoing justification, I hereby approve the procurement to acquire operational capability and maintenance support for one (1) FM Radio Transmitter frequency in the Federal Republic of Germany (FRG) to deliver American Forces Network-Europe broadcasts to U.S. military community of AFN Stuttgart for $ on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: ________________________

Typed Name: Title: Contracting Officer