JOFOC Redacted Digico Products.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

The Kennedy Center

PART I – BACKGROUND

1. Date: 02/1/2024

2. Program Office: Production

3. Contracting Officer’s Technical Representative: Chris Furth

4. Description of Services Required:

Furnish only Digico Quantum338T Sound Mixing console for the Eisenhower Theater

5. Need By Date or Period of Performance: 02/01/2024 or anytime their after

6. Estimated Amount:

7. Proposed Manufacturer and contact information:

Group One Limited -Digico Matt Larson Vice President Professional Audio Products 70 Sea Lane Farmingdale, NY 11735 mattlarson@g1limited.com NY Office (631) 395-0195 Mobile (952) 686-1856

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.

DocuSign Envelope ID: 12484576-73F8-4C40-905C-55BC81C21D71

[ ]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

[ ]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 6.302-5, 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 6.302-6, 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 6.302-7 Public interest

REQUIRES AGENCY HEAD APPROVAL.

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

The proposed equipment would be replacing the current Audio mixing system which is currently 15 years old and is starting to see consistent component failures. This Console is receiving no further product development from the manufacturer and their ability to provide on demand repair parts due to the age and availability of compatible hardware is an issue to having audio in this venue for a performances.

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

Digico is the industry leader in digital mixing hardware and operational software geared towards theatrical productions as produced on Broadway, London’s West End and other world class performing arts centers around the world.

4. 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.

The project requirements is based on a specific manufacturer’s product, multiple resellers can provide the same product allowing for competition across the product vendors. Three authorized third-party vendors were identified by the manufacturer and were contracted to verify that they can provide the required products.

5. Price reasonableness:

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

This will be evaluated after an open government bidding process where factory authorized dealers submit bids.

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

We have been researching and talking with sound engineers around the country and with designers and technicians that use our facilities frequently.

The console chosen is based off of these discussions with sound professionals and the hardware and software qualifications that will best benefit the Kennedy Center.

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.

Digico is an industry leader in digital mixing systems for live audio. They were one of the first companies to bring a professional level of mixing systems to market and subsequently have generations of experience in hardware and software development. Digico is the only manufacturer to offer a theater specific software on a console that is also acceptable to non-theatrical users. The theater software has a greater set of options when it comes to “cue based” shows.

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

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.

There are no apparent additional efforts to be made in this area.

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.

___________ Production Project Manager 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