JandA Brand Name ETC Products Redacted.pdf

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Brand-Name for Electronic Theater Control (ETC) Paradigm System for Hall of States, Hall of Nations, and Level A Production Shop
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33310524Q0007
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This document is a Justification for Other Than Full and Open Competition (JOFOC) for the procurement of an Electronic Theater Controls (ETC) Paradigm system for the Kennedy Center's Hall of States, Hall of Nations, and Level A Production Shop.

The Kennedy Center currently has ETC lighting consoles and systems installed throughout its facility, and it is necessary to maintain compatibility and interoperability by procuring additional ETC equipment. The estimated value of the procurement is not provided, but the required items are detailed in the bill of material. The Kennedy Center plans to solicit pricing from three authorized ETC dealers, and the contracting officer has determined the anticipated pricing will be fair and reasonable. This JOFOC cites the brand name exception under FAR 6.302-1 as the justification for the sole-source procurement from ETC. No additional competition or market research is planned.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

The Kennedy Center

PART I – BACKGROUND

1. Date: April 10, 2024

2. Program Office: Production Operations

3. Contracting Officer’s Technical Representative:

4. Description of Services Required:

Provide new ETC Paradigm system for Hall of States and Hall of Nations Need By Date or Period of Performance: 08/15/2024 Estimated Amount:

Proposed Manufacturer and contact information

Electronic Theater Controls 3031 Pleasant View Rd P.O. Box 620979 Middleton, WI. 53562-0979

PART II - Justification

1. Authority Cited:

The statutory authority permitting other than full and open competition is 41 U.S.C.

253©(2) in accordance with;

[ ]FAR 6.302-1. Only one responsible source ___This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves): (1) When there is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities; (2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see Part 27). (3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system. (4) When the agency head has determined in accordance with the agency’s standardization program that only specified makes and models of technical equipment and parts will satisfy the agency’s needs for additional units or replacement items, and only one source is available.

_X__ Brand name. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited.

[ ]FAR 6.302-2. Unusual and compelling urgency.

An unusual and compelling urgency precludes full and open competition; and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government

DocuSign Envelope ID: E02037D0-DB98-47B7-BC48-CE3AE0E63149

[ ]FAR 6.302-3. Industrial Mobilization; engineering, developmental, or research capability; or expert services.

This authority may be used for any acquisition when disclosure of the Government’s needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

[ ]FAR 6.302-4 International Agreement, Unusual and compelling urgency.

This authority may be used during the following circumstances; (1) When a contemplated acquisition is to be reimbursed by a foreign country that requires that the product be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or (2) When a contemplated acquisition is for services to be performed, or supplies to be used, in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.

[ ]FAR 6.302-2, Authorized or required by statute.

This authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency: (1) Federal Prison Industries (UNICOR)—18 U.S.C. 4124 (see Subpart 8.6). (2) Qualified Nonprofit Agencies for the Blind or other Severely Disabled—41 U.S.C. 46-48c (see Subpart 8.7). (3) Government Printing and Binding—44 U.S.C. 501-504, 1121 (see Subpart 8.8). (4) Sole source awards under the 8(a) Program 15 U.S.C. 637 (see Subpart 19.8). (5) Sole source awards under the HUBZone Act of 1997—15 U.S.C. 657a (see 19.1306). (6) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. 657f).

[ ]FAR 6.302-2, National security This authority may be used for any acquisition when disclosure of the Government’s needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

[ ]FAR 6.302-2, Public interest

REQUIRES AGENCY HEAD APPROVAL.

2. Describe the supply/service required to meet the agency’s need:

Model/Part# Description Qty DRd12-24-120 DRd12 100-120V Rack Enclosure 1 E-ACP Echo Architectural Control Processor 1 E-ACP-TK Echo Network Option Card 1 R20AF R20AF Relay module 1

E-ACP Echo Architectural Control Processor (spare) 1 9104V Surface Mount Outlet box with 4 - panel mount

6 Circuit 19-pin Multipin connectors

PJE1086 Black 19" DWR rack with 10 rack units vertical space - Max 20.5" deep

PJE1087-FIN 10U REAR - Rear backcan for wall mount 10U rack with quad power box

PJE1054 Door for 10U rack 1

RACK HW

KIT

Hardware Kit for Equipment racks with blank panels and required hardware

2100A2004 1U 19" rack-mount patch panel with 16 open slots

N2027 Cat5e Modular Jack for Patch Panel 2100A2004

SGJ1106 UTP Pass through for patch panel 1 PJE1021 Snap-in blank for above Patch Panel 8 SGE1061 1U Brush Grommet Panel 1 N4035 2' CAT5 Patch cable, black 8

SGN-CBS10P-

M

Cisco Business 350 Switch with: 8 10/100/1000 PoE+ ports with 67W power budget

2204A3014 Single flush rack ears for 10 port or 16 port network switch (NEED 1 PER SWITCH)

RSN-DMX4-

T-RACK

Response Mk2 Four-port DMX/RDM Gateway with 1U Rack Mount Kit

RSN-DMX4-T Response Mk2 Four-port DMX/RDM Gateway 1 P-TS7-E-5 Paradigm 7” Ethernet Touchscreen Wall

Mount, Signal White

P-LCD-SLBB-

7” Touchscreen Surface Back Box - Locking Cover, White

P-LCD-LC-5 7” Touchscreen Hinged Locking Cover, White 1

ECPB

DMXIN/NET/

NET

ETC 3-Gang Dual Net and DMX Input 1

ECPB 4X

DMX OUT

ETC 4-Gang DMX Output plate 1

4SBD-4 ETC 4-Gang Backbox Black 1

Hall of States Model/Part# Description QTY DRd12-24-120 DRd12 100-120V Rack Enclosure 1 E-ACP Echo Architectural Control Processor 1 E-ACP-TK Echo Network Option Card 1 R20AF R20AF Relay module 1

9104V Surface Mount Outlet box with 4 - panel mount

6 Circuit 19-pin Multipin connectors

PJE1104 Black 19" DWR rack with 24 rack units vertical space

PJE1105-FIN Rear backcan for wall mount 24U rack with quad power box

PJE1028 Door for 24U Rack 1

RACK HW

KIT

Hardware Kit for Equipment racks with blank panels and required hardware

2100A2004 1U 19" rack-mount patch panel with 16 open slots

N2027 Cat5e Modular Jack for Patch Panel 2100A2004

SGJ1106 UTP Pass through for patch panel 1 PJE1021 Snap-in blank for above Patch Panel 8 SGE1061 1U Brush Grommet Panel 1 N4035 2' CAT5 Patch cable, black 8

SGN-CBS10P-

M

Cisco Business 350 Switch with: 8 10/100/1000 PoE+ ports with 67W power budget

2204A3014 Single flush rack ears for 10 port or 16 port network switch (NEED 1 PER SWITCH)

RSN-DMX4-

T-RACK

Response Mk2 Four-port DMX/RDM Gateway with 1U Rack Mount Kit

RSN-DMX4-T Response Mk2 Four-port DMX/RDM Gateway 1 P-TS7-E-5 Paradigm 7” Ethernet Touchscreen Wall

Mount, Signal White

P-LCD-SLBB-

7” Touchscreen Surface Back Box - Locking Cover, White

P-LCD-LC-5 7” Touchscreen Hinged Locking Cover, White 1

ECPB

DMXIN/NET/

NET

ETC 3-Gang Dual Net and DMX Input 1

ECPB 4X

DMX OUT

ETC 4-Gang DMX Output plate 1

4SBD-4 ETC 4-Gang Backbox Black 1

A Level Model/Part# Description Q

T Y

Custom ETC Quotations Item

ERK Series 22", 44U, 25" depth, with rear door. No front door required

Custom ETC Quotations Item

Mounting or securing system for rack above with quad power box

Custom ETC Quotations Item

Hardware Kit for Equipment racks with blank panels and required hardware

ERN4-RM-

ERn4 Enclosure Rack-mount 100-120V 1

ERN-BM ERn Blank Module 2

P-ACP3 Paradigm Architectural Control Processor for use in DRd Racks and ERn Units.

N3G-COND Net3 Conductor Network Services Gateway 1

N3G-COND-

RM

Net3 Conductor Rack-Mount Kit 1

PATCH

PANEL 24

1U 19" rack-mount patch panel with 24 open slots

N2027 Cat5e Modular Jack for above Patch Panel 2

SGJ1106 UTP Pass through for patch panel 1 SGE1061 1U Brush Grommet Panel 1 N4035 2' CAT5 Patch cable, black 2

SGN-CBS28P-

M

Cisco Business 350 Switch with: 24 10/100/1000 PoE+ ports with 195W power budget

2204A3015 Single Rack ear for 28 port or 52 port network switch (NEED 2 PER SWITCH)

P-TS18 18.5" Paradigm Touchscreen Station 1 P-TS18-RK Paradigm P-TS18 Rack mount kit 1

RSN-DMX2-

O-P-4

Response Mk2 Two-port DMX/RDM Portable Gateway

Cable Wholesale Part #: 13X6-

522MH

1000' spool cat 6 stranded shielded Black 2

Klein Tools

VDV826-705

CAT6A Shielded Cable Modular Data Plug 50 pack

Cable Matters Model 180064

Cable Matters 50-Pack 8mm Strain Relief Boots

State why the proposed contractor’s unique qualification or nature of the acquisition requires use of the authority cited:

The Kennedy Center currently has installed in all of its performance spaces and many public spaces including the REACH and Grand Foyer Millennium stages lighting consoles and dimmers manufactured by Electronic Theater Controls.

These ETC systems are the industry standard for top performance dimming and lighting control systems worldwide in theater and architecture. The Kennedy Center has ETC lighting consoles and backup consoles installed in all Theaters and event spaces throughout the facility. It is therefore necessary for maintenance and repair to remain modular and interchangeable building wide and use only ETC equipment manufactured by Electronic Theater Controls.

3. Efforts made to promote Competition:

A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under

5.202 applies.

Bill of Material was produced independently of potential sources. I have requested prices from three (3) independent ETC dealers in our region. It is my understanding that this action will be published via SAMS.

5. Price reasonableness:

A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

ETC authorized dealer quotes will be accepted..

6. Market Research A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Reached out to three vendor authorized by ETC for pricing on our BOM

7. Any other facts supporting the use of other than full and open competition, such as:

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

None

8. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

The following Contractors are approved to perform this work:

9. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

None

PART III - CERTIFICATION/APPROVAL

1. Program Office:

I certify that this request to procure services using the authorities cited in FAR 6.3 (Other than Full and Open Competition) is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief.

Program Director Date

2. Contracting Officer:

I certify that the justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

3. Director, Contracting Office concurrence

Contracting Officer Date

Program Director

File details come from the government source that posted it. Updated .