Attachment 2- 33310523Q0003 JOFOC_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

The Kennedy Center

PART I-BACKGROUND

1. Date: 11/10/2022

2. Program Office: Production

3. Contracting Officer's Technical Representative: Chris Furth

4. Description of Services Required:

Furnish only Martin Lighting fixtures and associated parts.

5. Need By Date or Period of Performance: 11/28/2022 or anytime their after

6. Estimated Amount:

7. Proposed Contractor/Manufacturer and contact information:

HARMAN International 400 Atlantic Street Stamford, CT 06901, USA Attn: Ken Romaine 201-892-4845

PART II- Justification

1. AuthorityCited:

The statutory authority permitting other than full and open competition is 41 U.S.C.

2530(2) in accordance with;

[X ]FAR 6.302-1. onlyone responsible source This authority shall be used, if appropriate, in preference to the authority in6.30-T; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves): (1) When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities; (2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itselfjustify the use ofthcsc authorities) (see Patt 27). (3) When acquiring utility services (see :!.L..LQl ), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system. (4) When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

h Brandname 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.

[]FAR 6.302-2. Unusual and compelling urgency._An unusual and compelling urgency precludes full and open competition; and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government

2.

3.

[]FAR 6.302-3. Industrial Mobilization; engineering. developmental, or research capability; or expert services.

This authority may be used for any acquisition when disclosure of the Government's needs would compromise the aational security (e.g., would violate security requirements); it shall 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.

[]FAR 6.302-4 International Agreement, Unusual and compelling urgency.

This authority may be used during the following circumstances; (I) When a contemplated acquisition is to be reimbursed by a foreign country that requires that the product be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or (2) When a contemplated acquisition is for services to be performed, or supplies to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.

[ ]FAR 6.302-5, Authorized or required by statute.

This authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency: (1) Federal Prison Industries (UNICOR)-I8_Ly_S__][24(see Subnary 8_6). (2) Qualified Nonprofit Agencies for the Blind or other Severely DisabledIL LU_S__ 46_-I8g (see Subpart_8_ 2). (3) Government Printing and BindingI! LU_S5Q1-504, 1121 (see SubnIIL_8,8). (4) Sole source awards under the 8(a) Program ]_L__SC__637(see Subpart_L9_8). (5) Sole source awards under the HUBZone Act of 199715 Ly_S._@57u(see L9_[306). (6) Sole source awards under the Veterans Benefits Act of 2003

I5 USC_657D.

[ JFAR 6.302-6, National security This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall 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.

[]FAR 6.302-7 Public interest

REQUIRESAGENCYHEAD APPROVAL.

Describe the supply/service required to meet the agency's need:

The proposed fixtures (noted in the requisitions) are to be used in the New JFK Gallery (Atrium Renovation Project) to support alternate light settings/schemes for when the space is utilized for alternate type of events.

The lighting was not included in the original construction of the project as it was determined it would be a better value to the Center to directly procure and install the equipment.

State why the proposed contractor's unique qualification or nature of the acquisition requires use_ofthe_authority cited:

The Kennedy Center, whenever possible, is standardizing equipment used throughout the facility to streamline maintenance, repair and interchangeability of equipment components. This modularity allows for more cost effective and rapid response to meet the maintenance and operational requirements of the Center. Currently the Center has invested in hundreds of

4.

Martin lighting fixtures, manufactured by Harman International, that have been installed throughout the facility. The specialization of this equipment does not allow for interchangeability across different manufacturers. It is in the best interest to The Kennedy Center for maintenance time and repair cost to remain modular and interchangeable throughout building.

Efforts made to promote Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by ubnarr y2 and, if not, which exception under 5.202 applies.

The project requirements is based on a specific manufacturer's product, multiple resellers can provide the same product allowing for competition across the product vendors. Three authorized third-party vendors were identified by the manufacturer and were contracted to verify that they can provide the required products.

Price reasonableness:

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The proposed vendor pricing received were within a 5% range. Two of the three price proposals were within 1% of each other and were below the simplified acquisition threshold.

Market Research A description of the market research conducted and the results or a statement of the reason market research was not conducted.

The program office contacted our Harman representative via phone call in May 2022. The manufacturer's representative identified three authorized resellers. A review of GSA schedule contractors showed that only one of the proposed vendors, Full Compass Lighting, is listed as a GSA vendor.

However, the products indicated are not included in their approved catalog of equipment. The vendors were contacted to ensure that they were capable of providing the indicated equipment.

7. Any other facts supporting the use of other than full and open competition, such as:

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-l(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

None

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

Barbizon Capitol 6437-G General Green Way Alexandria, VA 22312

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6.

Artistic Concepts Group 3675 Concorde Parkway Chantilly, VA 20151

Full Compass Systems 9770 Silicon Prairie Parkway Madison, WI 53593

9. 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. There are no apparent additional efforts to be made in this area.

PART III- CERTIFICATION/APPROVAL

1. Program Office:

I certify that this request to procure services using the authorities cited in FAR 6.3 (Other than Full and Open Competition) is made in good faith, that the supporting data and information are accurate and complete to the best ofmy knowledge and belief.

Production Project Manager u[el

Date

2. Contracting Officer:

I certify that the justification is accurate and complete to the best ofmy knowledge and belief.

Contracting Officer

3. Director, Contracting Office concurrence

Contracting Officer Date