JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

DEFENSE MEDIA CENTER

RADIO PROGRAMMING

1. Contracting Activity. Defense Media Activity, Defense Media Center, American Forces Network and Defense Media Activity, Contracting Office, Riverside, California.

2. Nature and/or description of the Action being approved. The action being approved is to acquire more than 31,000 songs in digital wav file format to be used in American Forces Network (AFN) radio programming. Music in this format gives AFN the ability to digitally search for specific songs by title, artist or album title. Since all music on Compact Disc (CD) has to be converted to a file format to be ingested into the AFN automation systems, this will also save a step in the programming process. This music library could also be used to support local affiliates who have a need for a specific song but might be missing from their library. Music in this form can be quickly located and delivered to affiliates on an as-need basis to replace missing music.

3. Description of supplies or services required to meet the agency’s needs (including the estimated value). The contractor shall provide all labor and materials (except designated Government furnished property) to AFN.

1. Basic Music on Hard Drive Price: $

This programming is only available from:

TM Studios 2002 Academy Dallas, TX 75234

4. Statutory authority permitting other than full and open competition. 10 U.S.C. Section 2304(c) (1), Only one responsible source or only a limited number of responsible sources will satisfy the needs of the agency (FAR 6.302-1).

5. Demonstration that the nature of the acquisition requires the use of the authority cited.

a. 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. TM Studios is the only source that owns the necessary rights to this particular production.

b. Although each proposed contract for production material is synopsized prior to award, no other sources to date have expressed interest in providing these materials. In any event, if sources other than the copyright/distribution rights holders did propose to provide programming materials such an offer would violate federal copyright laws.

c. The Government complies with all intellectual property laws when it acquires programming from the copyright/distribution rights holders. Each contractor provides