Brand name Justification.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

The Kennedy Center

PART I – BACKGROUND

1. Date: May 18, 2022

2. Program Office: Production Operations

3. Contracting Officer’s Technical Representative: Chris Furth

4. Description of Services Required:

Provide Clearcom, JBL and Shure audio equipment

5. Need By Date or Period of Performance: June 2022

6. Proposed Manufacturer

Clearcom, JBL and Shure

PART II - Justification

1. Authority Cited:

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

253(c)(2) in accordance with;

[ ]FAR 6.302-1. Only one responsible source ___This authority shall be used, if appropriate, in preference to the authority in 6.302-7; 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 itself justify the use of these authorities) (see Part 27). (3) When acquiring utility services (see 41.101), 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.

_X__ Brand name. 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

[ ]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 national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is http://www.arnet.gov/far/current/html/Subpart%206_3.html#wp1086959 http://www.arnet.gov/far/current/html/FARTOCP27.html#wp224991 http://www.arnet.gov/far/current/html/Subpart%2041_1.html#wp1074547 http://www.arnet.gov/far/current/html/Subpart%2041_2.html#wp1074945 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; (1) 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 6.302-2, 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)—18 U.S.C. 4124 (see Subpart 8.6). (2) Qualified Nonprofit Agencies for the Blind or other Severely Disabled—41 U.S.C. 46-48c (see Subpart 8.7). (3) Government Printing and Binding—44 U.S.C. 501-504, 1121 (see Subpart 8.8). (4) Sole source awards under the 8(a) Program 15 U.S.C. 637 (see Subpart 19.8). (5) Sole source awards under the HUBZone Act of 1997—15 U.S.C. 657a (see 19.1306). (6) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. 657f).

[ ]FAR 6.302-2, 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 6.302-2, Public interest

REQUIRES AGENCY HEAD APPROVAL.

2. Describe the supply/service required to meet the agency’s need:

Assorted professional audio equipment including, digital intercom and in ear monitors for The Eisenhower Theater, fill speakers and amplifiers for The Concert Hall, assorted microphones for building wide use.

3. State why the proposed contractor’s unique qualification or nature of the acquisition requires use of the authority cited:

The Kennedy Center currently has installed in all of its performance spaces and many public spaces equipment manufactured by Clearcom, JBL and Shure. These manufactures are the industry standard for top performance audio equipment worldwide in theater and architecture.

The Kennedy Center has these manufactures items installed throughout the facility. It is therefore necessary for maintenance and repair to remain modular and interchangeable building wide and use only equipment and parts manufactured by Clearcom, JBL and Shure.

4. 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 Subpart 5.2 and, if not, which exception under

5.202 applies.

Solicit quotes from manufacturer authorized vendors.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25 http://www.arnet.gov/far/current/html/Subpart%208_6.html#wp1075770 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/Subpart%208_7.html#wp1103480 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t43t44+1482+4++%2844%29%20%20AND%20%28%2844%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/Subpart%208_8.html#wp1074995 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/Subpart%2019_8.html#wp1092796 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/Subpart%2019_13.html#wp1093718 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.arnet.gov/far/current/html/Subpart%205_2.html#wp1107980 http://www.arnet.gov/far/current/html/Subpart%205_2.html#wp1107990

5. Price reasonableness:

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

Quotes will be solicited.

6. Market Research

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

Manufacturer authorized vendors have been identified.

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 6.302-1(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.

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

Washington Professional Systems 11242 Grandview Avenue Wheaton, MD 20902

Maryland Sound Equipment 4900 Wetheredsville Road Baltimore, MD 21207

Clair Global Integration 1 Clair Boulevard Manheim, PA 17545

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.

http://www.arnet.gov/far/current/html/Subpart%206_3.html#wp1087543 http://www.arnet.gov/far/current/html/Subpart%206_3.html#wp1087543 http://www.arnet.gov/far/current/html/Subpart%206_3.html#wp1086879

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 of my knowledge and belief.

Chris Furth________________________ _05/18/22___________ Program Director Date

2. Contracting Officer:

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

Contracting Officer Date

3. Director, Contracting Office concurrence

Contracting Officer Date