Sole Source Justification Redacted.pdf

JUSTIFICATION FOR SOLE SOURCE PROCUREMENT (OPEN MARKET OR GSA)

UNDER $250,000

Sole source acquisitions may be used on a limited basis and only when the Contracting Officer’s Representative (COR)/Program Official has provided sufficient justification and the Contracting Officer has determined that the circumstances warrant such action. The content for a justification must contain detailed facts and rationale to justify the sole source acquisition. Soliciting from a single source must be done in accordance with FAR 13.106-1(b) or 8.405-6. At a minimum, the following information must be included:

Identification of Program Office, Contracting Activity, and Proposed Requirement, Justification and Program Office Certification:

A. Program Office:

Centers for Disease Control and Prevention Division of Vector-Borne Diseases 3156 Rampart Road Fort Collins, CO 80521

B. Contracting Activity:

Centers for Disease Control and Prevention Office of Financial Resources Acquisition Branch 4

C. Identification of Requirement:

1. Nature of Action to be Approved by Contracting Officer:

a. Sole source acquisition of: the following items from Banyan Communications:

Updated and completed versions of tick- and mosquito-borne disease prevention materials developed during previous contract including social media assets, paid and non-paid placement of the prevention materials, media metric reporting, and a final evaluation report. This procurement is in follow up to BPA #75D30121F11584 completed by Banyan Communications to finish work related to the original PO for work best completed during tick and mosquito season.

b. Procurement Request (PR) Number (if available): 00HCVLJC-2023-75411

2. Proposed Vendor and Estimated Procurement Amount (if available):

a. Proposed Vendor: Banyan Communications, 3569 New Town Lake R., Saint Charles, MO 63301-8116

b. Estimated Procurement Amount: $171,559.22

3. Is the requirement on GSA Schedule? ☐ Yes ☒ No

If yes, provide schedule number: Click here to enter text.

Rev. 5/14/19

D. Justification:

1. The justification for this non-competitive action is: (NOTE: Must select only ONE of the listed justifications for other than full and open competition and fully support the justification in the following paragraphs. Please delete this note prior to submitting the justification.)

☐ In accordance with FAR 13.106-1(b)(1), “only one source [is] reasonably available” which states that, “For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). (ii) Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand- name.”

☐ Urgency ☐ Exclusive licensing agreements/Proprietary data ☐ Brand name required ☐ Industrial mobilization ☐ Other (e.g., compatibility, space issues, continuity, compatibility, etc.)

☒ In accordance with FAR 8.405-6 “Limiting Sources” which states that, “the only circumstances that may justify the action are – (A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays; (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 (C) In the interest of economy and efficiency, the new work is a logical follow-up to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ Urgency ☐ Only One Source ☒ Logical Follow Up ☐ Brand name required

2. Other facts supporting sole source procurement:

a. What can this product/service do that other products/services cannot do?

Banyan Communications has previously developed a suite of graphics for dissemination to the public about preventing tick- and mosquito-borne diseases as part of a Tick and Mosquito Bite Prevention Campaign. The initial contract included the work addressed in this SOW/SSJ. However, due to government caused delay that created a greater than 12-month delay for the media buys, a follow-on contract is necessary as the time frame was too long for a No Cost Extension. Additionally, Banyan Communications conducted the formative research, focus groups with target audiences, that informed these materials and the future dissemination of these materials. It logically follows that any updates and paid and non-paid placement of such materials should be developed and produced by Banyan Communications.

Launching this content in the Spring 2023 when ticks and mosquitoes are more

Rev. 5/14/19 active will have more impact on helping prevent human illnesses from vector-borne diseases.

b. What other products/services were considered and why did they not meet the need?

No other products/services were considered. Other communications companies would have to start from scratch with new graphic designers and technical experts, while Banyan has already developed the materials for a previous BPA contract.

Starting with a new vendor would significantly increase the time and effort to update and disseminate materials, increase the costs to the government, and would not be compatible with the already developed materials.

3. Program Office efforts to seek potential offerors:

No efforts were made to seek other potential offerors. Banyan Communications is the only vendor capable of developing and disseminating products that seamlessly match the current materials and incorporate formative research findings.

E. Program Office Certification:

I have reviewed this sole source justification and certify the justification is true and accurate to the best of my knowledge and adequate to support other than full and open competition.

Center/Institute/Office COR/Program Official Name/Title: NCEZID/DVBD/BDB, Amy Ullmann, Public Health Analyst

Center/Institute/Office COR/Program Official Signature:

Certification Date: November 19, 2021

F. Contracting Office Certification:

I have fully relied on the information provided herein and hereby certify that this justification is accurate and complete to the best of my knowledge and belief:

Contracting Officer Name: Click here to enter text.

Contracting Officer Signature:

Certification Date: Click here to enter a date.