SDFO- JA for KPBS.pdf

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FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR LIMITED

COMPETITION/SIMPLIFIED ACQUISITION

JUSTIFICATION AND APPROVAL FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the Purchase of Public Education Partnership Ads from KPBS listed on is available from only one source, and competition is precluded as there are no substitutes available.

1. This acquisition is restricted to the following sole source:

Company: KPBS

Company Address: 5200 Campanile Drive, San Diego, CA 92182

Company Point of Contact and Phone Number: Elizabeth Pearson, 619-517-35531

2. The Purchase of Public Education Ads from KPBS is estimated to cost $20,400 and is required to be performed by 6/3/2024.

KPBS will guarantee $20,400 of airtime and production of the Public Education radio ads for a payment of $20,400. The organization will provide an 8-week campaign, costing $2,550 per week, and include 20 spots per week.

3. Specific characteristics that limit the availability to sole source the public education ads is unique to KPBS’s partnership with the SDFO. The dedicated airtime that will be broadcast throughout the 8-week period, like a Public Service Announcement (PSA) is a category of ad recognized by the FCC and approved by the IRS. Only this suggested source can furnish the requirements, to the exclusion of other sources, because this is a specific partnership with KPBS, as they are a top radio station in the San Diego area.

4. Check and fill in all that are applicable for an Open Market Buy:

The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment is <insert description of current equipment>, and the new item/service must coordinate, connect, or interface with the existing system by <insert description of how the new item/service must coordinate or interface>.

A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows:

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<Insert description>

These are "direct replacement" parts/components for existing equipment.

X Other information to support a sole source buy:

The purpose of this campaign is to reach remote areas of the FBI San Diego AOR.

This provider reaches 252,000 radio listeners weekly in San Diego and Imperial

Counties.

The authority and supporting rationale for GSA FAR Part 8 (see 8.405-6(a)(1)(i) and

(b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

X FAR 8.405-6 (a)(1)(i) (B) – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; or

FAR 8.405-6(a(1)(i)(C) – In the interest of economy and efficiency, the new work is a logical follow on to an original FSS order provided that the original order was placed in accordance with applicable FSS procedures. The original order or BPA was not issued under sole source or limited sources procedures.

FAR 8.405-6(b) – An item peculiar to one manufacturer is required.

IF GSA FAR Part 8, complete items 6-7

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The contracting officer will determine, after considering the level of effort and the mix of skills available for the tasks needed, that the proposed order or BPA represents a reasonable total price and will be the best value for the FBI.

6. A description of the market research conducted among schedule holders, and the results of the research. A statement must be made that the supplies and services are available from the FSS.

KPBS is the entire San Diego AOR’s NPR and PBS station. The station serves the people of the San Diego and Imperial counties with trustworthy, in-depth information. KPBS is part of the California Newsroom, a group of public radio newsrooms that partner and share stores that showcase the diversity of perspectives within the state. The wide-reach, audience

Version 1.0 Page 3 trustworthiness, and its commitment to reach a diverse audience is what makes KPBS the best conduit for the SDFO to effectively distribute hate crime reporting messaging to a large number of people.

In this case, the target for this effort is rural communities within the SDFO AOR. Because

KPBS reach includes Imperial County, it is the best option to disseminate the message. The advertising purchase detailed in this report is unique to a partnership with the SDFO and

KPBS.

The information detailed above clearly articulates the benefit of purchasing public education ads with KPBS to support increased awareness and education regarding hate crimes and reporting of hate crimes in the FBI San Diego Area of Responsibility.

7. Any other facts supporting the limited source justification.

Not applicable

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

The Government will continue to research the market to obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that barriers to competition are avoided to ensure we obtain the best value for the government.

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CERTIFICATION

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Kira L. Boyd

5/22/2024

Signature Date

Contracting Officer:

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

XXXXXXXXXXXXXX

Unit Chief/Team Supervisor (Required if amount exceeds $750,000):

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