JOFOC_For_PR-R8-18-00326_Redacted.pdf

Contracting Without Full and Open Competition Justification and Approvals

(Reference FAR 6.303-2)

1. Agency: United States Environmental Protection Agency, Region 8, Office of Partnerships and Regulatory Assistance Partnerships & Environmental Stewardship Program Lead, Pesticides and Children’s Health Unit Denver, Colorado

Contracting Activity: Region 8 Acquisitions Management Unit, Denver, Colorado

Requisition No.: PR-R8-18-00326

Contractor: The E.W. Scripps Company 123 East Speer Boulevard, Denver, Colorado

2. Nature and/or description of the action:

Title: EPA Lead Poisoning Prevention Video, Digital and Mobile Public Service

Announcement (PSA) Campaign

This Justification for Other than Full and Open Competition (JOFOC) is for a purchase order to assist Region 8 with a lead poisoning prevention PSA campaign that will promote consumer demand for lead-certified service providers utilizing video, digital and mobile platforms in the Denver metro area (English speaking) and throughout Colorado (Spanish speaking).

3. Description of the Supplies or Services:

Utilizing video, digital and mobile media platforms in Colorado, disseminate branded, public service announcements and ads to create market wide awareness of:

• The hazards of lead exposure to children in older homes

• The importance of having your pre-1978 home tested for lead

• The importance of working lead-safe during renovations that disturb paint in pre-1978 homes

In order to:

• Drive consumer demand for certified lead-based paint testing and lead-safe certified renovation services

• Increase the number of certified firms and individuals that provide lead-based paint testing and lead-safe certified renovation services, and

• Drive viewers to the EPA lead microsite, www.epa.gov/lead

The Contractor will air public service announcements and ads using data and content from previous campaigns on the same subject matter (City and County of Denver’ 2013 campaign, State of Colorado 2014 campaign and EPA 2015, 2016, 2017 and 2018 campaigns), as well as, develop new content and branding. Campaign will consist of video (TV), digital and mobile platforms.

http://www.epa.gov/lead

4. Estimated value:

The total cost of the order is $ .

5. Authority:

41 U.S.C. 253(c) 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements.

6. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

At the time of the original procurement, E.W. Scripps Company was contracting with the State of Colorado’s Department of Public Health and Environment (CDPHE) Lead Program to continue the PSAs that were developed in 2013 under a previous contract between E.W. Scripps Company and the City and County of Denver’s Department of Environmental Health (DDEH) Lead Program. In the 2014 contract with CDPHE and 2013 contract with DDEH, E.W. Scripps Company recorded video clips using their local announcers and national talent (including Dr. Oz) to create PSAs that air on their metro Denver area television station (ABC Channel 7), as well as, statewide in Colorado on their Comcast and Azteca (Spanish speaking) cable stations. The nature of this acquisition requires use of the authority cited for the following reasons:

• Video footage developed under the CDPHE and DDEH contracts have already been developed. To procure services from another contractor would require substantial additional costs in order to re-record footage that has already been developed.

• E.W. Scripps Company offers a unique viewing situation, providing both an ABC affiliate and a Hispanic station (Azteca) in the same market, no other station group in Denver has the ability to reach both under one umbrella.

• Colorado Azteca is the only Spanish news station that has the capacity to broadcast to the entire state.

• Only E.W. Scripps Company has a Spanish news channel that can be viewed state wide.

• Research was done to locate media outlets that could provide a media campaign that would reach the Hispanic population of Colorado. The only vendor that had a Hispanic news station that could broadcast to multiple locations throughout Colorado was E.W. Scripps Company.

The Hispanic population is a high risk population for lead-based paint poisoning and one of the primary demographics we are trying to reach under this campaign.

7. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable:

A solicitation from as many potential sources as practicable was not completed because it was unnecessary due to the reasons cited above.

8. The contracting officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs using audits, commerciality, previous history, or other appropriate means will be fully utilized prior to award.

The anticipated cost to the Government is expected to be fair and reasonable because the Project Officer (PO) has knowledge and expertise in this area, and is well aware of the costs to perform these services. The PO has been conducting reviews and projects similar to this one and has experience with cost and technical oversight to insure that any price proposal accepted by the Government is fair and reasonable.

9. Description of the market research conducted (see FAR Part 10). If no market research was conducted, state the reasons:

A market survey was not completed because it was unnecessary due to the reasons cited above.

There is only one contractor that can provide this service at a reduced cost as compared to other contractors in the area. Any other contractor would incur additional costs in developing new footage and contracting with national talent to re-record footage that has already been developed.

10. Other facts supporting the use of other than full and open competition.

An award to another source would result in substantial duplication of cost to the Government in training, travel and initial start-up costs, and these costs will not be recovered through lower overall costs due to any competition for this contract.

11. List sources that expressed, in writing, an interest in the acquisition. If no sources expressed an interest in writing, indicate such.

No sources have expressed an interest in writing.

12. Include 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.

This justification for other than full and open competition is for services that are not currently available from another qualified source due to the reasons stated above.

13. Technical Officer’s Certification I certify that the facts and representations stated in this justification are complete and accurate which form the basis to award this requirement.

Date:

Signature of Project Officer Michelle Reichmuth reichmuth.michelle@epa.gov 303.312.6966

14. Contracting Officer’s Certification:

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

Date:

Signature of Contracting Officer Susan L. Force force.susan@epa.gov 303.312.6612

15. Level Above Approval:

Date:

Signature of Level Above Bethany Tozer mills.bethany@epa.govtozer.bethany@epa.gov 303.312.6502

8/22/2018

8/22/2018

8/22/2018 mailto:reichmuth.michelle@epa.gov mailto:houston.maria@epa.gov mailto:mills.bethany@epa.govtozer.bethany@epa.gov