E20 J_A - CBS..pdf

CBS Studios Inc. – Television Programming

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JUSTIFICATION FOR OTHER THAN FULL and

OPEN COMPETITION (OTFAOC)

FAR Part 6 Justification & Approval, Supporting Procurements under FAR Parts 12, 13, and 16

Purchase Request Number: TBD at Call Order Level Contract Number: HQ0516-22-A-0005 Task/Delivery Order Number: TBD Procurement Title: Television Programming - CBS Studios Inc.

Contracting Office: HQ DMA A&P, Fort Meade, MD Estimated Value: $1 million for each of the five years for a total estimated value of $5 million

JUSTIFICATION

Justification for OTFAOC Number: HQ0516-FY-22-1002

Upon the basis of the following justification, I, as the Procuring Agency Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual actionpursuant to the authority of 10 U.S.C. 3406.

1. REQUIRING AGENCY AND CONTRACTINGOFFICE:

a. Requiring Agency: AFN-BC, Riverside, CA

b. Contracting Office: HQ DMA A&P, Ft Meade, MD

2. NATURE/DESCRIPTION OFACTION(S):

a. The objective of this requirement is to procure on a sole source basis, permission for American Forces Network (AFN) to broadcast each program or portions of programs that falls within the scope of CBS Studios Inc. (CBS) brand name television (TV) programming that are limited to such rights as CBS may actually have upon the date a request for permission to record and/or distribute such program is granted. This purchase of the TV programming is to enable the American Forces Network – Broadcast Center (AFN-BC) to support the AFN mission. AFN currently support troops around the world and a float. CBS brand name products include but is not limited to non-gratis programming such as The Voice, Kelly Clarkson, Law & Order: SVU, and other programs that can be mutually agreed upon.

b. Each program will be awarded as a Firm-Fixed-Price (FFP) call order. The period ofperformance is date of award, estimated 1 August 2022, through 31 July 2027. The estimated lifecycle cost is $5 million. Funds will be provided on a DAI Purchase Request with the appropriate Fiscal Year Operations & Maintenance (O&M) funds.

3. DESCRIPTION OFSUPPLIES/SERVICES: This sole source procurement is to acquire the broadcast distribution rights for AFN to broadcast TV programming or portions of programming that fall within the scope of CBS brand name TV programming which include a mixture of prime time and non-prime time television programming materials for AFN outlets overseas. Acquiring such TV programming rights will enable the AFN-BC to support the AFN mission. This mission is to provide balanced representative selection of popular television information and entertainment programs of particular interest to both the primary AFN audience of Department of Defense (DoD) personnel stationed overseas and their family members. This programming has been selected in response to requirements established by the military services and AFN survey data on interest, trends, likes, and dislikes. It is also required to ensure the accomplishment of the AFN mission to effectively communicate command information to DoD personnel stationed overseas and their family members, while simultaneously providing the level of entertainment

Page 2 of 6 Pages needed to make a positive impact on their morale. It will also provide the most efficient medium to ensure the effective communication of information messages inserted within the program as spot announcements in support of DoD internal information themes, goals, and objectives. AFN’s mission tasking per DoD Directive 5120.20 is to support the Internal Communications mission of the DoD by providing a broad range of information and entertainment programming to DoD personnel and their family members overseas, thus attracting an audience for Internal Communications messages placed within AFN programming.

4. IDENTIFICATION OF STATUTORY AUTHORITY: 10 U.S.C. 3406; FAR

13.501(a)(2)(ii): Only one responsible source and no other supplies or services will satisfy agency requirements.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. Description of events. Procurement by other than full and open competition is necessary because broadcast distribution rights for copyright-protected program materials are only available from the copyright/distribution rights holders. Only one source owns the necessary rights to the programming sought. If sources other than the copyright/distribution rights holder did propose to provide programming materials,such an offer would violate federal copyright laws. (Title 17 of the US Code). The Government complies with all intellectual property laws when it acquires programming from the copyright/distribution rights holders. A chronological list of prior contracts can be found in Item 11(a) Procurement history.

b. Justification.

(1) Minimum Government Requirements. Minimum estimated requirements are based on specific titles and release dates. Programming is selected based on popularity and viewership derived from ratings services.

(2) Proposed sole source contractor. This programming is only available from:

CBS Studios, Inc

6100 Wilshire Blvd, Ste 818Los Angeles, CA 91608

POC: Juliette Spinner

(3) Discussion regarding cause of the sole source situation. Broadcast distribution rights for copyright-protected program materials are only available from the copyright/distribution rights holders. Only one source owns the necessary rights to the programming sought. If sources other than the copyright/distribution rights holder did propose to provide programming materials, such an offer would violate federal copyright laws. (Title 17 of the US Code). The Government complies with all intellectual property laws when it acquires programming from the copyright/distribution rights holders.

(4) Demonstration of unique source. Broadcast distribution rights for copyright- protected program materials are only available from the copyright/distribution rights holders.

(5) Procurement discussion. The programming required is provided from CBS Studios Inc only; the Government complies with all intellectual property laws when it acquires programming from the copyright/distribution rights holders. The contractor has produced evidence that the Government is protected against claims and suits for patent infringements.

The Chief, Television Programming, American Forces Network or his designate, routinely exercise the rights to request contractors to produce evidence that they have obtained

Page 3 of 6 Pages distribution rights for each program prior to award of the contract.

(6) Impact. AFN will suffer severe losses of key, high profile and highly ratedentertainment programming resulting in an extreme lack of competitive programming for the AFN Television services.

6. SYSTEM FOR AWARD MANAGEMENT (SAM) ANNOUNCEMENT/POTENTIAL SOURCES:

A Source Sought notice will be posted on SAM website followed by a Notice of Intent to Sole Source to CBS. It is anticipated that no responses will be received based on knowledge of the industry, federal copyright/distribution laws, and historical data from prior awards over the last several years. A chronological list of prior contracts can be found in Item 11(a) Procurement history.

7. DETERMINATION OF FAIR AND REASONABLE COST: The Contracting Officer will determine a fair and reasonable cost and represents the best value to the government. Based on historical data, it is anticipated that the cost to the Government for this requirement will be equal or less than current commercial market pricing. A determination will be made by the Contracting Officer that the contract represents the best value to the Government and results in the lowest overall cost alternative.

8. MARKET RESEARCH: A sources sought notice will be posted on SAM but is expected to yield no responses. Further market research is not possible due to the sole source nature of broadcast distribution rights for copyright-protected program materials. Distribution rights are only available from the copyright/distribution rights holders. Only one source owns the necessary rights to the programming sought. If sources other than the copyright/distribution rights holder did propose to provide programming materials, such an offer would violate federal copyright laws (Title 17 of the US Code). The Government complies with allintellectual property laws when it acquires programming from the copyright/distribution rights holders.

9. ANY OTHER SUPPORTING FACTS: None.

10. LISTING OF INTERESTED SOURCES: None. Historically, no other sources expressed interest in this requirement due to federal copyright laws.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS THAT

LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

(1) HQ0028-16-D-0001, Base + 4 Options, 4/1/2016 – 3/31/2021 HQ0028-11-D-0001, Base + 4 Options, 4/19/2011 – 3/31/2016 HQ0028-06-D-0003, Base + 4 Options, 4/1/2006 – 3/31/2011 (6-mo ext)

(2) All actions were sole sourced to CBS Studios Inc

(b) No actions can be taken to overcome barriers to competition due to the regulations and laws surrounding copyright/distribution rights. Any attempt to deviate from the sole source would result in violation of federal copyright/distribution law.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): Acquisition Plan was accomplished on 7/22/2022.