JA Broadcasting Redact Rev 3- Final_Redacted.pdf

NGB-AQ

Control No:23-004

CUI//SP-PROCURE

CUI//SP-PROCURE

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Non-Commercial Sustaining Announcements Services

Authority: 10 U.S.Code (U.S.C.) § 3204(a)(1)

Amount:

Prepared by: Christine Campbell DSN: 518-491-0355 Contract Specialist Date: 23 Jan 2023 Email: christine.i.campbell.civ@army.mil

Contracting Officer: Ms. Melissa Santoro DSN: 518-949-0104 Supervisory Contract Specialist Date: 23 Jan 2023 Email: melissa.santoro2.civ@army.mil

Technical: CPT Jonathan Mattingly DSN: 518-491-0355 RRBN Marketing OIC Date: 23 Jan 2023 Email: jonathan.s.mattingly2.mil@army.

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Office of General Counsel:

Typed Name: Andrew T. Botts Phone: 518-786-4528 Signature: Date: 1/26/23 BOTTS.ANDREW.T Digitally signed by

HOMAS.154112631 BOTTS.ANDREW.THOMAS.154

Date: 2023.01.26 11:25:54 -05'00' 1126313

Control No:23-004CUI//SP-PROCURE

CUI//SP-PROCURE

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: United States Purchasing and Fiscal Office - New York

(USPFO-NY)

2. Description of Action: New York Army National Guard (NYARNG), Recruiting and Retention Battalion (RRBN) requests a sole source firm fixed priced contract with the New York State Broadcasters Association (NYSBA). The Government projects award for 2023 through fiscal year 2028 using Army Operations and Maintenance funds. 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). This action is a follow-on to contract to W9133L-17-D-0001, which was a National Guard Bureau (NGB) managed Indefinite Delivery and Indefinite Quantity (IDIQ) contract. The contractor for this contract, Lempugh, was a small business prime vendor which has a business-to-business relationship/agreement with the State Broadcasting Associations (SBA) in which distribution fees to SBAs are managed. In 2022, NGB made the decision to decentralize the contract with the expectation that annual Non-Commercial Service Announcement (NCSA) fees would be reduced because of negotiations between SBAs and individual state contracting offices. Furthermore, there is an expected cost savings at the national level because there is no longer a need to maintain the services required from the prime vendor.

3. Description of Supplies/Services: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary to perform Non- Commercial Sustaining Announcement (NCSA) Services, also known as Public Service Announcement (PSA) Services. The NCSA program, sometimes referred to as the Public Education Program, is the means by which the NYARNG obtains television and radio advertising airtime. The objective of this requirement is to have radio and television resulting in qualified recruitment leads. This contract is made exclusively through State Broadcasters Associations (SBAs), which are represented nationally by the National Alliance of State Broadcasters Associations (NASBA). The NCSA program is a unique program in which the SBA is the only proponent of. No other association or business provides such service. Each state has its own SBA which represents its radio and television broadcasters; the New York entity is the New York State Broadcasters Association (NYSBA). This association is the only one of its kind. The NYSBA owns the NCSA program for the State of New York.

Base Period:

Estimated Total:

Control No:23-004CUI//SP-PROCURE

CUI//SP-PROCURE

and only 1 had the capabilities to provide a quote for the requirements listed in the Performance Work Statement (PWS). The one vendor was the New York State Broadcasting Association (NYSBA).

9. Interested Sources: See Paragraph 8. The 9 potential vendors who responded to the Sources Sought are listed below:

of the companies identified cannot solicit donated radio & TV airtime from stations across New York state for NYARNG public service announcements. The only respondent who can provide that service was the NYSBA.

To date, no other sources have written to express interest in the acquisition.

10. Other Facts: According to the NGB information paper published on 15 June 2022, drive cost for participation in the program down, and monitor effectiveness at the state- Thus, contracting directly with the NYSBA, IAW guidance, will result in cost savings and increased performance metrics for the government.

a. Procurement History

W9133L-17-D-0001 Competed Small Business Set Aside Contractor: Lempugh Inc (SB) Date Awarded: 12 August 2016 Period of Performance: 21 June 2016 - 20 June 2022

This past requirement was competed by NGB, which issued task orders for each state.

They needed a vendor to administrate the nationwide contract across all 50 US states and their respective SBAs, versus this current requirement which is now only for the state of New York. This is a significant change in the way this requirement has been procured in the past.