P03 Signed Sole Source Justification 36C241-20-AP-2096 Red Sox SShaw -.pdf

OFOC SOP Revision 09 Page 1 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C241-20-AP-2096

1. Contracting Activity: Department of Veterans Affairs, VISN 01, Boston VA Medical Center Regional Procurement Office East, Network Contracting Office 1. 523-20-4-9182-0170

2. Nature and/or Description of the Action Being Processed: The marketing partnership with New England Sports Network (NESN) will provide Public Service Announcements (PSA’s) in prime Veterans Affairs Medical Centers (VAMC) markets on television. Advertising is a critical part of the VISN 1 outreach plan to effectively educate and enroll Veterans in the VA healthcare system. We are advertising to achieve the Network Director’s objective of 300,000 users registerd to utilize various services offered throughout the VISN.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for advertising services during Boston Red Sox an Bruins sporting events. In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This service contract will be for one year, with four additional option years. The estimated cost is $500,000.00

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This advertising program was specifically designed by VA New England Helathcare System for NESN to broadcast VA outreach advertising during Boston Red Sox and Boston Bruins telecast. NESN is the only company that owns and opterates the rights and licensing to broadcast Boston Red Sox and Boston Bruins games in all six New England states. Advertising length and frequency are as follows: Bruins/Red Sox Pre-Game :30 in length with a total of 9 different broadcasts. Bruins/Red Sox Pre- Game Billboard :10 in lengh with a total of 10 different broadcasts. Bruins/Red Sox Sox In Game :30 in lengh with a total of 9 broadcasts. Bruins/Red Sox In-Game Billboard :10 in lengh with 10 broadcasts. Bruins/Red Sox Post-Game Billboard :10 in lengh for a total of 10 broadcasts. Bruins/Red Sox Post Game :30 in lengh for a total of 20 broadcasts. Red Sox/Bruins In Two and NESN Sports Today :30 in lengh for a total of 80 broadcasts. NESN Overnight ROS :30 in lengh and 300 broadcasts. NESN Hero of the Game Digital Video Series :30 in lengh and 32 broadcasts. VA Health Care sponsored Social media :30 in lengh with 25 occurnances. Due to COVID-19 all scheduled games are being reschedule due to new social disistaning guidelines. Dates of the sporting events are to be determined witiin their respective seasons. The cost of advertising is $100,000.00 for the base year. The cost for all four additional option years is 100,000.00 for each year. The projected period of performance start date is September 1, 2020.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1

OFOC SOP Revision 09 Page 2 of 3

Revision 09 Date: 04/17/2020

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the

Authority Cited Above (applicability of authority): NESN services will allow for VISN 1 to have a positive impact throughout New England’s Veteran and Service Members communities. NESN is the only company that owns and operates the broadcasting rights for Boston Red Sox and Boston Bruins sports teams. NESN broadcasts within all states within the New England market. Additionally, NESN is the only company capable of providing broadcasting services for major league sporting events in New England without the Veterans Health Administration experiencing substantial duplication of costs that may not be recovered through competiton and unacceptable delays in fulfilling this requirement.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The exact phrase “New England Sports Network” was searched on GSA Advantage. One vendor, Focus Media Service was returned from the search. This marketing firm has NESN in their profile for past performed projects. This firm was the campaign theme creator for NESN “Start Here” campaign. They do not own or operate television broadcasting services for licensed sporting events. NESN is the sole owner of the rights and licensing to broadcast Boston Red Sox and Bruins sporting events within New England.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost for VHA outreach advertising services are considered fair and reasonable based on VISN 1 need to increase enrollment for all elegible Veterans and Service Members within New England. It is believed the lengh and occurances of advertising on the NESN regional broadcasting channels and digital platforms is the most cost effective for increased recruitment and enrollment for new users of VISN 1 VA services.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Vendor Identification Portal (VIP) was searched using NAICS code 515120 ( Television Broadcasting) keyword: New England Sports Network. Four Service Disabled Veteran Owned Small Businesses (SDVOSB) and Veteran Owned Small Businesses (VOSB) companies were found. All four companies had active websites. All of the small businesses are production companies that create and produce audiovisual content. There was no indication any of the SDVOSB or VOSB owns licensing and broadcasting rights for major league sports teams.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This procurement replaces the current contract for identical advertising with the Boston Red Sox Limited Partnership. Contract 36C24118P2216 awarded on August 15, 2018 was awarded as a sole source procurement for a period of one base year with four additional option years. During option year one, the Red Sox informed NCO 1 that they would not exercise option year two of the contract and that New England Sports Network will take over all advertising services for the Boston Red Sox and Boston Bruins. NESN became active in the system for award manangement in May 2020.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: none. There are no other sources that can provide this service as specified in the statement of work.

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Revision 09 Date: 04/17/2020

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: N/A

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Syreeta Shaw Date Contract Specialist Network Contracting Office 1

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: (This part if filled out by Contracting Staff as part of the Justification)

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Ann Marie Stewart Date Branch Chief- Services North Network Contracting Office 1

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Tammy Fox Date Division Chief, Division 1 Network Contracting Office 1

Ann Marie C.

Stewart 494230

Digitally signed by Ann Marie C. Stewart 494230 Date: 2020.07.21 15:49:21 -04'00'

Tammy A Fox 706200

Digitally signed by Tammy A Fox 706200 Date: 2020.07.24 09:31:34 -04'00'