REDACTED_JA_FINAL.pdf

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

SOURCE SELECTION SENSITIVE

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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 < $700K > $700K and < $13.5M

Contracting Activity: AFLCMC/PZIEC

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Kanopy FA8604-19-P-5083

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): Justification Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

19 Sep 2019

Requiring Activity

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

19 Sep 2019

Contracting Officer

Signature

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

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I. Contracting Activity.

This justification and approval to request authority for Other Than Full and Open Competition supports requirements generated for the Air Force Libraries. The contracting activity for this requirement is the Air Force Life Cycle Management Center (AFLCMC), Specialized Contracting Section (AFLCMC/PZIEC).

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

Due to circumstances described herein, the activity requests authority to electronic access to Kanopy using Other Than Full and Open Competition as prescribed by FAR 13.106-1(b), Soliciting from a Single Source, and 13.501(a), Sole source acquisitions. This individual action will result in the award of a new Firm Fixed Price Contract. The current subscription will expire 30 SEPT 2019. The subscription period of performance will run from 30 SEPT 2019 to 29 SEPT 2020. This subscription will be purchased with . This sole source requirement will be acquired from the following organization:

Kanopy

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

The mission of DoD MWR Libraries is outlined in DoDI 1015.10 stating DoD Libraries will provide information resources and services required to accomplish the mission. The libraries support military personnel assigned to contingency operations, remote sites, and military missions IAW DoDI 1015.10, Military Morale, Welfare, and Recreation Programs. The program provides professional military and voluntary education programs materials and services. Libraries also provide facilities, resources, and services to enhance the quality of life, regeneration, and resiliency for authorized customers. The DoD Library Consortium exists to create partnerships among the libraries within the various services of the DoD. They cooperatively acquire materials that are made available to military and civilian employees across the DoD.

The proposed effort covered by this individual J&A is for a 12-month subscription to Kanopy for AF Libraries.

This database is vital reference tools for DoD personnel. It is important for service personnel and library staff for having the ability to provide instantly accessible digital information from newspapers, both current and archived, for leisure reading and research in full-text from major publications as well as local resources that can be streamed or downloaded with no waiting. This database collection provides information that enhances the mission, education, and quality of life for military personnel.

In order to meet this mission, DoD Libraries require access to a database that provides access to a catalog of film and videos available online streaming and download to variety of technology to include personal computers, tablets, apps, and such. The subscription must include performance rights to enable DoD libraries and registered customers to host movie nights and film festivals inside/outside the library and use catalog items for other film projects created during library hosted programs. The Performance Rights must be provided for 85% of the catalog of available films and videos. The subscription must provide unlimited simultaneous access to all films/ videos by registered library users no matter location and there cannot be a platform or set up fees. Must be able to provide password embedded URL's for access through Library OPACS and be able to interface with the Air Force Portal, Army Knowledge Online (AKO), Marine Corps, Military OneSource, and Navy Digital Library (NDL). Subscription must be able to provide exclusive content to documentaries and distributors such as Criterion, Paramount, Bleecker, Goldwyn, PBS, GKids, Women Make Movies, Weston woods, Films we Like, Film Rise, Cohen Film, Film Movement, Zeitgeist Films, Kino Lorber A24 Films, Media Education Foundation, and Fredrick Wiseman. Subscription must be able to access anywhere with Internet connection or cellular network and allow customers and library staff to host events at locations other than libraries. Subscription must allow advertising of titles and not be limited to generic terms and allow for the stating of specific titles and include a customizable website where members can watch films anywhere, anytime, on any advice. The only known product that can meet these requirements is provided by Kanopy.

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

AFFARS 5313.501 - 10 U.S.C. 2302b 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).

Kanopy is a unique resource for the DoD Library Program, with nuances not available from any other source, and supplements the quality of life materials collection and meets the mission requirements outlined in Section III. This supply provides access to film and video streaming via personal computers, portable electronic devices (tablets, phones, and iPods), and TVs (via digital streaming devices). No other known vendor in the market place can embed links to audio and video clips in into presentations and playlists with performance rights;

moreover, this is an essential element to the war fighter and the libraries' mission. Ninety percent of the Kanopy catalog includes public performance rights enabling DoD Libraries and its registered customers to offer movie nights and film festivals inside and outside the libraries. This additional feature is not provided by any other performance rights offerors in the industry. Kanopy has public access rights to 30,000 titles with exclusive content to documentaries and distributors such as Criterion, Paramount, Bleecker, Goldwyn, PBS, GKids, Women Make Movies, Weston woods, Films we Like, Film Rise, Cohen Film, Film Movement, Zeitgeist Films, Kino Lorber A24 Films, Media Education Foundation, and Fredrick Wiseman; no other distributor or vendor has access to this content. Kanopy does not limit the type of advertising available to the libraries; whereas, all other vendors limit advertising to generic terms without stating specific titles. A failure to acquire this product creates inefficiency through an increased need of library resources and creation of unproductive processes. By using the Kanopy content librarians and their staff are able to provide better services and programs to the base community.

Currently, librarians need to research and verify performance rights for movie nights and can do limited advertising.

With the Kanopy content librarians can create programs and advertising without worry or research of restrictions due to location, info being advertised for programs when doing community events with partner facilities on base. Also, Kanopy is not just for librarians and staff, but also allows customers to view at home or anywhere on the electronic gadgets. Kanopy enables the DoD Libraries to meet multiple needs for both the Library staff and their customers without using multiple resources. The Library staff spend a lot of time researching and planning for programs/events both within the Library and with partner facilities for community events (such as community center, youth programs, outdoor rec, unite). In addition, buying these materials on-demand instead of using hoopla would greatly increase the cost. Accordingly, Kanopy is the only firm capable of providing the supplies described above without the DoD personnel experiencing unacceptable delays and substantial duplication of cost that could not be recouped through competition.

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

A sources sought notice was posted on Federal Business Opportunity (FBO) from 22 August 2019 - 12 September 2020 requesting any interested firms to submit a capabilities package indicating their capability to provide the requirement. The synopsis outlined minimum characteristics a similar product would have to meet to fulfill the requirement as described in sections III and V above. No qualified responses that could meet the requirement were received.

An intent to award sole source was posted on FBO from 12 September 2019 - 19 September 2019 advising industry of the intent of the Government to award sole source and requesting any interested firms to submit a capabilities package indicating their capability to provide the requirement. The synopsis outlined minimum characteristics a similar product would have to meet to fulfill the requirement as described in sections III and V above. No viable responses were received.

AFSVA/SVPL surveyed the market for vendors to determine if competition was available for the requirement.

The library used publishers' advertisements, professional conferences, vendor demonstrations, customer suggestions and new publication reviews to conduct its surveys.

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

In accordance with FAR 13.106-3(a), the Contracting Officer shall determine that the proposed price is fair and reasonable. The basis of this determination is anticipated to be based on FAR 13.106-3(a)(2)(ii) and FAR 13.106-3(a)(2)(iii). This has been previously procured by AFLCMC/PZI for AF Libraries and the price shall be verified against hoopla's price lists, catalogs, or advertisements and by comparison to prices previously paid.

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

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

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

None

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

At this time, only has expressed an interest in this acquisition. provided a product capability statement to meet the stated needs of the Government. However, after they received answers to their questions, the Government amended their posting to better outline the agency requirements. After discussing with and considering the Air Force's current contract with for public performance rights, and the signed license agreement in place limiting the government's ability to advertise and show movies outside of the physical library, the intent of this acquisition to is to supplement the current contact provided by and allow for additional uses of public performance rights. did not submit a proposal that could meet the Government's needs as their public performance license does not allow for advertising or viewing outside the library. The proposed sole source is the only known source that can satisfy the government's requirements.

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.

AFSVA/SVPL will attempt to obtain competition whenever possible by use of professional journals and trade exhibits. The AFSVA/SVPL personnel will continue to keep up-to-date and review new research databases to determine if another source will meet the needs of the students, faculty, and staff. We will also keep an open dialog with our patrons and usage statistics to determine the necessity for future purposes. The contracting office will continue to post synopsises of this requirement to ensure no other vendor is capable of satisfying the DoD's needs.

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 signature above, I certify that any supporting data contained herein, which is my

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

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