B1 J_A Portugal.pdf

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JUSTIFICIATION AND APPROVAL

FOR SIMPLIFIED ACQUISITIONS

1 In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the host country performing rights licensing agreement follow-on contract is available from only one source, and competition is precluded for the reasons indicated below. There are no substitutes available.

2 This acquisition is restricted to the following source:

Company: Sociedade Portuguesa de Autores (SPA) Company Address: Av. Duque de Loulé, 31, 1069 – 153 Lisboa Company Point of Contact and Phone Number: SNR. MANUEL FREIRE Email: geral@spautores.pt

TELEPHONE NO. +351 213 594 400

3 The performing licensing agreement listed below is estimated to cost $7,500.00 (with option years) and is required to be delivered by 01 April 2023.

4 Specific characteristics of the Portuguese performing rights agreement with Sociedade Portuguesa de Autores (SPA) for period of performance April 1, 2023 – March 31, 2028 is an existing licensing agreement between Sociedade Portuguesa de Autores (SPA), a Portuguese organization and the United States Government, as represented by Defense Media Activity, Contracting Office, in support of the American Forces Network- Broadcast Center, hereinafter also referred to as AFN- BC for a performing rights license to use literary, dramatic, musical, and artistic works in Portugal. This agreement is enforced through the performing rights societies of the signatory countries. Under the Berne Convention, all signatory nations, including the US must pay a fee to the in-country organization established to collect royalties for the right to perform commercial works in that country.

Sociedade Portuguesa de Autores (SPA) is the designated organization within Portugal. The agreement is for a base year plus four (4) one-year options.

5 Check and fill in all that are applicable:

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Sole Source Justification for Simplified Acquisitions

The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment is <insert description of current equipment>, and the new item/service must coordinate, connect, or interface with the existing system by <insert description of how the new item/service must coordinate or interface>.

X A patent, copyright, proprietary data, or licensing agreement limits competition.

The proprietary data are described as follows: The availability to broadcast or stream distribution rights for copyright-protected program materials are only available from the Sociedade Portuguesa de Autores copyright/distribution rights agreement licensor in Portugal. This will impact the mission in support of the Warfighter support and will compromises the effectiveness of the warfighter who relies on AFN programming.

Programming distribution rights

These are "direct replacement" parts/components for existing equipment.

Other information to support a sole-source buy:

CERTIFICATION

I certify that statements checked, and information provided above are complete and correct to the best of my knowledge. In accordance with FAR 13.106-1(b)(1), the processing of this sole-source justification precludes the use of full and open competition.

Thomas R. Arnholt, Chief of Radio COR/ Project Officer

Date

Contracting Official Date

ARNHOLT.THOMAS.RAL Digitally signed by

PH.1235336835

ARNHOLT.THOMAS.RALPH.1235336835

Date: 2022.08.26 12:18:03 -07'00'