Band Summer Concert Limited Source Justification FAR Part 13_FS_28 March 2024_Redacted.pdf

Control No: N/A

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command – Fort Eustis

2. Description of Action: TRADOC Band Music Under the Stars Summer Concert Series

Nature: X New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: X Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: X Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 24

Name of Proposed Contractor(s) and Address:

Port Warwick Foundation 191 Walk Whitman Avenue Newport News, VA 23606

Brand Name Buy: X Yes No

3. Description of Services or Supplies:

The Port Warwick Foundation will provide all civil amenities, to include sanitary, drinking water, security, and other essential services for each TRADOC Band event at Styron Square in Port Warwick, Newport News, VA. In addition to providing civil amenities, the Port Warwick Foundation will also market and advertise for each of the TRADOC Band’s performances. The Port Warwick Foundation will be available to coordinate all logistics with the TRADOC Band prior to each event. The event schedule is as follows:

Planning: logistic & technical coordination:

1APR24-6JUN24

Performance Schedule:

7JUN24

21JUN24

12JUL24

26JUL24

9AUG24

23AUG24

Period of Performance: 01 April 2024 – 23 August 2024 Total Value: $18,318.00

4. Authority:

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The Port Warwick Foundation is a public non-profit 501 (c)(3) organization with the purpose of organizing and managing regional arts and entertainment events located at Styron Square in Port Warwick, Newport News, Virginia. Therefore, the Port Warwick Foundation is the only authorized coordinator for any events at Styron Square.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 X do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ___.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research:

In order to support the initiatives of higher HQ and perform for a public audience, the TRADOC Band continuously reaches out to all available performance venues in the local area. The main criteria when selecting a venue for the TRADOC Band Music Under the Stars summer concert series were that the location (1) be capable of drawing in and supporting a large audience, (2) was available on the appropriate dates, and (3) is easily accessible to the public.

The Port Warwick’s Summer Concert Series runs from 24 MAY - 30 AUG on Wednesday evenings. These Wednesday evening concerts average an audience count of 500-2000. The Port Warwick Foundation will provide all required civil amenities and advertise for all scheduled TRADOC Band performances in addition to the regularly scheduled Wednesday evening performances.

Styron Square is an ideal location for music performances to gather maximum audiences as it is a high foot-traffic area surrounded by restaurants. Additionally, it is in close proximity to living quarters of several different demographics: adults, college students, and senior citizens.

This is the most cost-effective option available to the TRADOC Band which meets all criteria listed above as it includes a majority of the required infrastructure to support events of this nature (gazebo/stage, power supply, changing rooms, parking).

In 2022, the TRADOC Band performed its Music Under the Stars summer concert series at Magnolia Park on Fort Eustis. This event only produced an average audience of 100 people. This poor attendance was mainly due to the obstacles of public access and Fort Eustis’ limited advertising capabilities.

The TRADOC Band Operations section investigated the following other venue options in search of a venue to best meet the above-mentioned criteria:

1) Martha Briggs Amphitheater (Williamsburg, VA):

- Location is too secluded, in an area with little/no foot traffic.

- No advertising included. Therefore, a considerable amount of money and time would need to be spent on advertising in order to generate a comparable crowd.

- Fewer civil amenities included, which would create more additional costs.

- Venue is too far away (25 mins) to connect with the Ft. Eustis community.

2) Huntington Park (Newport News)

- Location is too secluded, in an area with little/no foot traffic.

- Location has no built-in performance space. Therefore, a stage would need to be built for each concert at a cost of $3-4K per concert. This does not include any type of cover, subjecting equipment to damage from any inclement weather.

- Venue rental does not include any advertising, civil amenities, parking, or security.

3) Merchant Square (Williamsburg)

- Venue was unavailable on requested dates.

- Venue’s available dates were too few and too erratic.

- Venue is too far away (25 mins) to connect with the Ft. Eustis community.

Conducting the event at Styron Square supports the following higher HQ authorities and initiatives:

OSD-PA Engagement Plan: Reconnect with Americans and renew face-to-face relationships that may have been affected by the era of virtual engagement.

SECARMY Priority: Reach out to American from all backgrounds, talents, and geographies and give them multiple reasons to come in and stay in our great Army.

TRADOC Campaign Plan CG Key Tasks: Market the Army to shift current narrative;

Reconnect America with its Army.

8. Other Facts:

None.

9. Technical/Requirements Certification: I certify 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.

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Signature: