Class SSJ Pikes Peak Center (Signed).pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

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NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $750K > $750K and < $15M

Contracting Activity: 21 CONS/PKB

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): USAF Academy Band Venue Rental, Pikes Peak Center, Class J&A

Program Type (PEO or Other Contracting):

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $700,000 Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

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Date

11 Apr 2024

Contracting Officer Ryan J. Olson, Civ, DAF

21 CONS/PKB / 719-554-5620

Signature

X

Date

30 Apr 2024

Competition Advocate Kylie J. Hager, Civ, DAF

21 CONS/LGCD / 719-556-4835

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

30 Apr 2024

Contracting Officer Ryan J. Olson, Civ, DAF

21 CONS/PKB / 719-554-5620

Signature

Digitally signed by

OLSON.RYAN.JACOB.1386269846

Date: 2024.04.11 12:41:46 -06'00'

HAGER.KYLIE.J.1241452

Digitally signed by

HAGER.KYLIE.J.1241452006

Date: 2024.04.30 07:52:55 -06'00'

Digitally signed by

OLSON.RYAN.JACOB.1386269846

Date: 2024.04.30 08:43:55 -06'00'

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

21 CONS/PKB - Justification for other than full and open competition.

II. Nature and/or description of the action being processed.

The actions under this class SSJ will be awarded as a new firm-fixed price contracts. The United States Air Force Academy (USAFA) Band has a requirement for a venue rental space to accommodate upcoming concerts.

The services being acquired include facility use, personnel, equipment, and materials to host the USAFA Band performances every May and December.

III. Description of supplies/services required to meet agency needs.

The class SSJ represents a ceiling ($700K) that will cover the recurring requirements for the USAFA Band performances. The services being acquired under this contract encompass venue rental for concert performances by the USAFA Band at the Pikes Peak Center. This includes the provision of facility usage, personnel, equipment, and materials necessary for hosting the performances. Given the USAFA Band's commitment to conducting several public concerts in Colorado Springs each year in support of the Air Force Academy's community relations mission, securing a suitable concert hall is mandatory.

The period of performance will be determined by each purchase order issued under this class SSJ. The performance period will typically be one week or less and all contracts will be funded with Operations & Maintenance (O&M) 3400 funds. The period of performance for usage of this class is SSJ is 3 years (1 May 2024 through 30 Apr 2027). The request for the multi-year class SSJ is based on the facts that this has been executed with individual SSJ's over the past two years and executing a class SSJ will streamline the process. As it stands, the Pikes Peak Center is the only known source to have the capacity and support services to meet the requirements of their performances. One caveat is that prior to using the SSJ, 21 CONS will ensure adequate market research is conducted to ensure new facilities are not available that can meet the USAFA Band's concert series.

IV. Statutory authority permitting other than full and open competition.

DAFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The selection of the Pikes Peak Center as the sole-source vendor for venue rental services is rooted in its unique capabilities and essential features that are required for hosting USAFA Band performances. The Pikes Peak Center stands as the singular local venue offering a minimum seating capacity of 2,200 people, equipped with 2 Image Magnification (IMAG) screens, projectors with a minimum of 12,500 lumens with ultra-short throw lens, a power distribution system to avoid potential projector outage, a high-definition (HD) scaler/switcher to provide high-quality video, follow spotlights, an adequate loading dock, and comprehensive logistical support, personnel, and all rigging equipment necessary to support tailored for events of this magnitude. The seating capacity is needed to support the Colorado Springs community and customer base of more than 500,000 El Paso

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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County residents who attend the USAFA band performances. Crucially, these essential requirements are not available at alternative venues such as public high schools, making the Pikes Peak Center the only venue capable of accommodating USAFA Band performances.

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

The Pikes Peak Center addresses the USAFA Band's significant power needs for high-quality video projects recorded in High Definition (HD), ensuring seamless execution of multimedia elements integral to the performances. Its adaptable infrastructure, featuring adjustable acoustical panels and treatments, facilitates the accommodation of different ensemble sizes and types, enhancing the versatility and effectiveness of the venue for USAFA Band engagements.

Furthermore, the Pikes Peak Center's capability to incorporate 9'x16' Image Magnification (IMAG) screens essential for projecting band close-ups and accompanying video presentations underscores its suitability as the only venue for showcasing any of the eight largest performing groups of the USAFA Band. Notably, the venue's reputation for attracting local and national entertainment acts comparable in size and scope to the USAFA Band underscores its credibility and reliability as a performance venue.

Past procurement practices further support the rationale for continuing to engage the Pikes Peak Center as the sole-source provider. Since Fiscal Year 2013, contracts have been consistently sole sourced to the Pikes Peak Center based on its unique attributes and demonstrated ability to meet the USAFA Band's requirements.

Notably, recent contracts such as FA2517-23-P-00028 and FA2517-23-P-0007, awarded for specific performance periods in May 2023 and December 2022 respectively, exemplify the ongoing reliance on the Pikes Peak Center to fulfill venue rental needs.

In light of the USAFA Band's recurring requirement for the Pikes Peak Center as its performance venue, a multi-year SSJ spanning three years is now sought for the first time. This recognition of the consistent demand for this venue, streamlining procurement processes and ensuring continuity in performance arrangements.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer under FAR 13.106-3(a)(2) will ensure that the Government is receiving the best value at a fair and reasonable price by ensuring the Government continues to evaluate market research, utilizes historical pricing, and compare independent government estimates (IGEs).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Extensive market research has been conducted by the Government to explore alternative concert halls within the geographic front-range area, seeking venues that are acoustically viable and possess a minimum audience capacity of 2,200 people. While two other facilities, Boettcher Hall in Denver and Monfort Hall Union Colony Center in Greeley, meet the minimum seating capacity requirement, they are geographically impractical for accommodating the Colorado Springs community and the customer base comprising over 500,000 El Paso County residents who regularly attend USAFA Band concerts. The considerable driving distance renders these venues inaccessible and incompatible with the community outreach objectives of the USAFA Band.

Furthermore, Arnold Hall, located at the USAF Academy, offers the requisite audience capacity but lacks acoustic viability as it primarily functions as a lecture hall. Moreover, the potential for USAFA senior leadership to preempt any scheduled band performances at Arnold Hall for face-to-face communication with the

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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An Internet search of local venues in the Colorado Springs area was conducted to identify any potential alternatives that could meet the Government's requirements. However, the search yielded no viable options. The Stargazers Theatre, with a seating capacity of 550, the Loft Music Venue accommodating 140 individuals, and the Boot Barn Hall with a seating capacity of 1,200, all fall short of the minimum audience capacity needed to support USAFA Band performances. Furthermore, none of these venues are listed in the System for Award Management (SAM), indicating their lack of eligibility for government contracts.

In light of these findings, there are no alternative venue within the Colorado Springs area meets the criteria of being acoustically viable and possessing a sufficient audience capacity of at least 2,200 people to effectively host USAFA Band performances. Therefore, the sole-source procurement of venue rental services from the Pikes Peak Center remains the most feasible and practical option for fulfilling the Government's requirements while ensuring the continued success of USAFA Band engagements within the local community.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

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

Recognizing the nature of Colorado Springs' ongoing expansion and development, the Government commits to conducting continual market research to assess the availability of new facilities that may meet its requirements for hosting USAFA Band performances. This proactive approach ensures that emerging venues within the local vicinity are considered for their potential to accommodate the Government's needs effectively.

Should a new facility emerge in the Colorado Springs area that demonstrates the capability to satisfy the Government's criteria for venue rental services, including acoustic viability and audience capacity of at least 2,200 people, the Government not utilize this class SSJ so long as the new facilities are able to meet the dates and requirements of the concert.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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Remove the Guidance pages below.

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Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4))

AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5))

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204)

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

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification.

Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

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If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired.

Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)]

XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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