JOFOC.docx

Document No.

PCMB 015b Document Title Justification of Limited Source or Other Than Full and Open Competition

JUSTIFICATION OF LIMITED SOURCE

OR OTHER THAN FULL & OPEN COMPETITION

(FAR 6.302-1)

1. Identification of the agency and the contracting activity.

Contracting Activity:

Megan Robey, Contracting Officer USDA, FSIS, Office of Administrative Services Procurement Management Branch 5601 Sunnyside Avenue, Maildrop 5230 Beltsville, MD 20705-5230

Requesting Activity:

Tracy Legall, COR/Technical Contact

Washington, DC 20250

2. Nature and/or description of the action being approved.

This is a sole source procurement to the Advertising Council to provide expert assistance related to the creation of a multimedia campaign in both English and Spanish related to the FSIS mission, disseminating Public Service Announcements (PSAs) to national and local media outlets and monitoring media responses.

The objective of this effort is to extend the life cycle of the Agency’s current suite of PSAs, launched in December 2014. The typical life cycle for PSAs is 2 years and Food Safety Education Staff (FSES) requires support to continue distributing these ads through December 2016. The FSES requires a contract to continue the supporting, promoting and distributing the PSA materials, pay talent fees to the actors involved in the PSAs, and monitoring and evaluating the campaign.

An additional objective of this effort is to extend the life cycle a relationship with 20th Century FOX the Ad Council set up for FSIS in September 2015. FSIS seeks to utilize the “Alvin and the Chipmunk” characters included in this partnership in educations material targeted to students and their families.

The contract will be a nine (9) month Firm-Fixed type contract.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value).

The scope of this contract includes disseminating, monitoring and evaluating of a nationwide media public service campaign to positively influence consumer food handling behaviors and practices.

The scope also includes developing a food safety teacher-to-parent activation kit, including teacher lesson plans, activity sheets to be used in the classroom, and family materials for review after the lesson at home using the “Alvin and the Chipmunks” characters included in Ad Council’s partnership with 20th Century FOX.

The estimated value is $559,000.

4. Identification of the statutory authority permitting other than full and open competition.

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements

Citation: 41 U.S.C. 253(c)(1).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The Ad Council is a private, non-profit organization that marshals volunteer talent from the advertising and communications industries, the facilities of the media, and the resources of the business and non-profit communities to deliver critical messages to the American public. The Ad Council produces, distributes and promotes thousands of public service campaigns on behalf of non-profit organizations and government agencies in issue areas such as improving the quality of life for children, preventative health, education, community well being, environmental preservation and strengthening families. The Ad Council has expertise in securing donated media to promote the use of PSAs by the various media outlets. They have the ability to distribute PSA materials to more than 33,000 media outlets to reach the widest possible audience.

The Ad Council is the only organization that can meet the Food Safe Families Campaign's requirement because:

a) They have an established and proven distribution structure/network to reach media outlets and public service directors nationwide;

b) They have a system/structure in place that allows the Campaign to include state and local partners at no cost;

c) The Ad Council has structured its business model to provide as a service the unique ability to tap top expertise talent in the advertising, marketing, media, and communication industries in a pro bono capacity to help create and develop public services messages and advertisements for their clients; and

d) The Ad Council has secured a partnership with 20th Century Fox to use the “Alvin and the Chipmunks” characters in the Food Safe Families Campaign and the food safety teacher -to-parent activity kits.

The Ad Council's support of the Food Safe Families Campaign has resulted in tens of millions of dollars worth of donated media advertising to promote the Agency's Food Safe Families messages.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The Ad Council is a non-governmental, non-profit organization that works to empower the campaign’s intended audiences in communities across the nation, including ethnically and racially diverse populations and rural populations. The Ad Council develops a unique multimedia program, and works with various media partners to disseminate national campaign public education materials. FSIS wants to use the Ad Council’s already established media network to promote FSIS’ messages and provide food safety education to all audiences- English and Spanish- speaking consumers and families. Therefore, no other sources were solicited for this effort.

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

Pricing will be itemized to allow for the Contracting Office to determine it to be fair and reasonable. The itemized costs will be compared to historical data and prices commonly paid in the marketplace for the same or similar services.

8. Description of the market survey conducted.

Internet searches were done and no other sources were identified that can produce the type of nationwide media campaign that FSIS is looking for along with the amount of donated media.

9. Any other facts supporting the use of other than full and open competition.

None.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None to date.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

None.

12. CERTIFICATION

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

OPACE/COR

Contracting Officer

Document No.

PCMB 015b Document Title

STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

March 25, 2005

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements Citation: 41 U.S.C. 253(c)(1).

When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be sought.

Examples:

· Laboratory equipment to meet a specific objective that is produced by only one manufacturer may be procured without competition.

· The existence of patent rights, copyrights, or secret processes.

· An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. Such circumstances must be justified and approved (This does not apply to “brand-name or equal” descriptions).

· Contracts for supplies or services that result from acceptance of an unsolicited research proposal.

· Follow-on contracts may be deemed available from only one source when it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

6.302-2 – Unusual and Compelling Urgency Citation: 41 U.S.C. 253(c)(2).

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals, full and open competition need not be sought. When using this authority, quotations or offers must be requested from as many potential sources as is practicable under the circumstances.

Example: Laboratory supplies necessary for an E. coli breakout may be procured from a known source with limited, or in some cases, no competition.

Document No.

PCMB 015b Document Title

6.302-3 – Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

Citation: 41 U.S.C. 253(c)(3).

Full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to: 1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency; 2) to establish or maintain essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and develop0ment center; or 3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Example: Special inspection services for imported products after the Chernobyl nuclear disaster were contracted on a sole source basis.

6.302-4 - International Agreement Citation: 41 U.S.C. 253(c)(4).

Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization.

Example: Equipment in support of an inspection agreement at a foreign processing plant may be purchased from the plants usual supplier without further competition.

6.302-5 - Authorized or Required by Statute.

Citation: 41 U.S.C. 253(c)(5).

Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. This includes the use of the 8(a) program, Federal Prisons, NIB/NISH, or GPO. Generally, a sole source justification is not required in these instances.

Example: Mailing services for the agency is provided by DC Association of Retarded Citizens, under a sole source award.

6.302-6 - National Security Citation: 41 U.S.C. 253(c)(6).

Full and open competition need not be provided for when the disclosure of the agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits proposals. This authority should not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

6.302-7 – Public Interest Citation: 41 U.S.C. 253(c)(7)

Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. This authority should not be used without consulting the Contracting Officer first as it does require Congressional notification.

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