FINAL FAR- NCSA JA-_JUN2021.pdf

CUI

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Recruiting and Retention NCSA Advertising__________

Authority: 10 U.S.C. 2304(c)(1)

Amount: $245,000.00

Prepared by: CW3 William Jones Office:318-290-5988 Contract Specialist Date: 19 OCT 2022 Email: William.r.jones386.mil@army.mil

Contracting Officer: Mrs. Crystal Stiles Office:318-290-5933 SCS / CoCO Date: 27 OCT 2022 Email: Crystal.l.Stiles2.mil@army.mil

Version – June 2021 CUI

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: LAANG J8 Purchasing and Contracting

2. Description of Action: _Louisiana Army National Guard Recruiting and Retention Battalion___ requests a _one base year direct award contract_ with the Louisiana Broadcasting Association. The Government projects award for 2023 and fiscal year 2023, funds type (e.g., Operations and Maintenance, Army/Air or Other Procurement Army/Air) funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B). .

3. Description of Supplies/Services: This contract is to provide the Louisiana Army National Guard (LAARNG) the ability to advertise at the state and local level using both:

(1) Public Service Advertising (PSA); and (2) a hybrid between PSA and paid advertising called Non-Commercial Sustaining Announcements (NCSA) Program or Public Education Partnership (PEP) Program. The primary objective is to reach the LAARNG target demographic of 17–24-year-olds, then 25-35 year-olds. Unlike the PSA program, the NCSA/PEP program provides a minimum 4:1 airtime guarantee.

Include quantities of supplies or the period of performance for services. Ensure all CLINs and associated estimates are accounted for in the appropriate year and total value.

For Actions without Options:

Period of Performance: _15 NOV 2022___ to __14 Nov 2023____ Total Value: $ _245,000.00___

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

a. Background:

I. At a national level, the ARNG established the national NCSA and PSA programs in 1995. Initially, NCSA and PSA programs were a task order that fell under the Traditional Advertising Indefinite Delivery Indefinite Quantity (IDIQ) contract. The National Guard expanded the NCSA and PSA programs nationally in 1996 after trying it in several states and has been using it ever since. The Army National Guard is the only organization that uses NCSAs on a national basis. In 2001, the determination was made to create a separate IDIQ contract for the NCSA and PSA programs (funding amount changes every year) and the first long-term IDIQ was awarded in 2002 (DAHA-90-02-D-0001). A second long-term IDIQ followed in November of 2008 (W9133L- 09-D-0001). In 2022, NGB made the decision to decentralize the contract with the expectation that “annual NCSA fees will be reduced as a result of direct negotiations between SBAs and state contracting offices” (Warren, N.).

6. Efforts to Obtain Competition: A previous Sources Sought Notice, W912NR22K0049, was issued July 15, 2022. Multiple vendors submitted questions but received only one response. The capabilities statement received did not meet NCSA/ LANG RRB requirements.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable. Market Research has indicated that the Louisiana Association of Broadcasters is the only responsible vendor capable of meeting NCSA requirements.

b. Subcontracting Competition: Subcontracting competition is not required per FAR Part 19.702.

7. Actions to Increase Competition: LANG Recruiting and Retention Battalion anticipates future procurements of similar efforts. In an attempt to increase competition, the LANG RRB will continue to perform annual market research to determine if there have been any changes in the competitive marketplace.

8. Market Research: In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a market survey (also referred to as a Sources Sought notice) was published July 15, 2022 (closed on July 22, 2022) on SAM.gov to identify potential sources that may possess the expertise, capability, and experience necessary to successfully perform the required service. As a result, one response was received from 1801 Consulting, LLC. LANG RRB determined only Louisiana Association of Broadcasters could meet their requirements.

Though LAB did not respond to the sources sought, they have been performing this service for previous contracts awarded by National Guard Bureau through the Non- Commercial Sustaining Announcements (NCSA) Program or Public Education

Partnership (PEP) Program. In the past, on a national level, the Army National Guard (ARNG) has used NCSAs across all 50 states, the District of Columbia and Puerto Rico to broadcast its national radio and television announcements in an affordable manner with the establishment of the program in 1995.

9. Interested Sources: Please see Section 8 above.

10. Other Facts:

a. Procurement History

(1) National Guard Bureau Awarded the last NCSA contract on June 14, 2017. A task order was awarded 29 April 2020.

(2) W9133L-17-D-0001/ W9133L-20-F-1003 was awarded as a Total-Small Business Set-aside.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g. program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the technical and requirements certifications.

Typed Name: SFC Jade Mays Date: 27 Oct 22 Title: Marketing NCO

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief. Only the most senior persons within the organization responsible for acquiring the supplies or services described in the justification (e.g. program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) shall sign the technical and requirements certifications.

Typed Name: SFC Jade Mays Date: 27 Oct 22 Title: Marketing NCO

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

(Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of this basis, indicate whether regulations require certified cost or pricing data or if one of the exceptions in FAR 15.403 will apply.)

This determination will be made using the following: ☐ cost analysis ☒ price analysis ☐ should cost ☒ IGCE ☐ audit: (identify the audit type) ☒ other: Comparison with previous DO/TO Award amount

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☐ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☐ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐ The contract action is a modification to a contract or subcontract for commercial item(s).

☐ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: CW3 William Jones Date:

Title: Contract Specialist

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Mrs. Crystal L. Stiles Date:

Title: Contracting Officer