W9124J24QBOTS_FAR Part_13_JA_KO_2.15.24_Redacted.pdf

AFC BattleBots SXSW: W9124J24QBOTS

JUSTIFICATION REVIEW DOCUMENT

FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Robot-combat event 10-11MAR24 during South by Southwest (SXSW) 2024 in Austin TX.

Authority: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C. 1901 as implemented by FAR 13.5.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Date: See digital signature

Small Business Professional:

Legal Counsel:

FAR 13.5 Simplified Procedures for Certain Commercial Items

Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC) – Fort Sam Houston, 2205 Infantry Post Rd, Building 603, JBSA Fort Sam Houston, TX 78234-1362

2. Description of Action: Army Futures Command (AFC) requests a new definitive contract with BattleBots, Inc for the commercial services described in Paragraph 3. This will be a firm-fixed-price (FFP) service contract. Fiscal Year (FY) 2024 Operation and Maintenance, Army (OMA) funds will be utilized for the base award. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: This service requirement is for AFC to sponsor a robot-combat event taking place 10-11 MAR24 during South by Southwest (SXSW) 2024 in Austin TX.

(a) The elements of this service include event promotion; event space rental during

SXSW; transport of BattleBots arenas, equipment, and personnel; transport of the competing teams and their equipment; lodging and per diem for all attendees; equipment rental; setup and tear-down of the arena and all equipment; and organizing then executing a two (2) day robot-combat event.

(b) There are four (4) objectives associated with this requirement: Event coordination, promotion, setup, and tear-down; the robot-combat competition; engagement stations where audience members engage with competitors; and interactive stations where audience members can build/battle their own robots. All objectives are performance-based elements.

Table 1

Period of Performance Estimated Cost

Base Year 27 Feb. 2024 – 19 Mar. 2024

TOTAL

4. Authority Cited: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C.

1901 as implemented by FAR Subpart 13.501(a)(ii)

5. Reason for Authority Cited: This requirement is for a unique service that is commercially available within a niche market. There is only one vendor that provides this service.

(a) BattleBots, Inc (1110 Colusa Ave, Vallego, CA 94590) is the only source reasonably available to satisfy the requirements described herein. BattleBots is the world’s only professional robot fighting league. From 10-11 Mar. 24 during South by Southwest (SXSW) 2024, AFC would like to utilize Battlebots for a robot combat competition. BattleBots, Inc have an established network of professional, collegiate, and high school robot fighting teams. BattleBots regularly organizes robot fighting events across the United States. Their events are comprehensively organized to include all aspects described in 3(a) above. BattleBots also has a broad global fan base and participants are influencers in the robotics and affiliated sectors.

This service supports the education and awareness of Army Futures Command (the requiring activity) and their mission within a target market. SXSW is an international conference & festival primarily focused on technology and capabilities in a broad spectrum of industries. Hosting a BattleBots event during SXSW 2024 provides an opportunity for AFC to forge relationships and engage with the robotics and affiliated communities. These are industries AFC routinely operates within to enhance the readiness, capabilities, and lethality of the Future Force.

FAR 13.500(a) authorizes the use of simplified procedures for the acquisition of commercial services in amounts greater than the simplified acquisition threshold (SAT) but not exceeding $7.5 million. The acquisition described herein is between the SAT and $7.5M and meets the FAR 2.101 definition of commercial services. The required services are customarily sold to the general public under terms and conditions similar to those offered to the Federal Government. FAR 13.501(a) exempts acquisitions conducted under simplified acquisition procedures from the requirements in FAR Part 6 and states that sole source acquisitions may be conducted if justified. As stated above, BattleBots, Inc is the only source that can meet the Army’s requirements.

(b) Alternatives: There are no alternative services or ways the government can meet this unique requirement.

(c) Additional Supporting Information: Documents were not developed for full and open competition because market research indicates there is no competition from other vendors for this requirement.

(1) The minimum requirements of the government are outlined in 3.b. above.

(2) If market research resulted in any other possible vendors in the marketplace a request to compete this requirement versus a sole source would be submitted.

(3) The SXSW venue and robot-combat event make this service requirement particularly unique.

(d) Impact if justification not approved: if not approved, this will be a missed opportunity for AFC to educate and spread awareness of its mission within a target niche

MICC Control No:

Contractor: BattleBots Inc robotic and technology market. As a result this would negatively impact AFC’s ability to accomplish its mission: to enhance the readiness, capabilities, and lethality of the Future Force.

6. Efforts to Obtain Competition: The Contracting Officer published a notice, as required by FAR 5.201. The Sources Sought notice was published on Sam.gov on 22 Jan 24, and received zero responses from industry in the form of its capability to meet the needs of this requirement. It was concluded, no other opportunities for competition exist in this unique environment.

a. Effective competition: No competition is expected for this acquisition.

BattleBots, Inc., is the only source that can satisfy the Army’s requirements.

7. Actions to Increase Competition: This is a new and unique requirement. AFC is not aware of any previous government contracts with BattleBots. There are limited options available for the government to increase competition in this market due to the unique nature of the requirement. As the robotics-combat market matures it is anticipated that more vendors will enter this market, creating better conditions for competition.

8. Market Research: Conducted 1DEC23 – 16JAN24. This is a new and particularly unique requirement. AFC is not aware of any previous government contracts with BattleBots or any other vendor providing a similar service. There are however, non-profit organizations such as university teams or robot clubs that host robot battle events, unaffiliated with BattleBots. Research identified a company that brings robot parts to an event and allow interested parties to build/battle robot as a team-building event. There is no other company that has the network, equipment, and ability to organize and host professional/college/high school teams in a robot-combat event during SXSW 2024.

BattleBots is the world’s first and only commercial company that organizes robot-combat events. AFC will continue to conduct outreach and market research to identify alternate sources and events to achieve the Army’s engagement goals and requirements.

a. Searches of the following databases yielded no previous requirements or contract awards for robot-combat events: FPDS-NG, GSA, PIEE/EDA, and SAM.gov.

11. Technical 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.

12. 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Per FAR 15.404-1(b)(2) and FAR 15.404-1(c) (2)(iii), the basis for this determination will be through cost and price analysis and use of an Independent Government Estimate.

Certified cost and pricing data will not be required per FAR 15.403-1(b)(3) because the service being acquired has been determined to be commercial in nature.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of the BattleBots robot-combat event during SXSW 2024 on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, Title 41 United States Code Section 1901 as implemented by Federal Acquisition Regulation 13.5. The estimated value of the contract is with a period of performance from 27 February 2024 through 19 March 2024. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX