24FLI0001 JA Talent Reports Rv2_Approved_r_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Authority 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers, Procurement Division

2. Nature and/or Description of the Action being Approved.

Nature of action- The FLI and ITD has a requirement on a sole source basis to use the DISC participant materials in teaching the DISC course in these programs.

Lesson Plan 1700 DISC – Understanding Human Behavior and Lesson Plan 1706 Belief Systems and Motivators, Behavioral Model for Improved Communication and Team Building and Recognizing Your Motivators Workbook-Better Communication through Motivator Recognition

(a) Name and address of the contractor. Competitive Edge, Inc PO BOX 724705 Atlanta, GA. 31139

(b) Contract type. Firm Fixed Price.

(c) Estimated total value (including options).

(d) Type of funding. RBM.

(e) Year of funding Fiscal Year 2024.

(f) Solicitation number

(g) Background information about the requirement. The FLETC Leadership Institute (FLI) and International Training Division (ITD) currently use the Competitive Edge Inc.

Lesson Plan 1700 DISC – Understanding Human Behavior and in Lesson Plan 1706 Belief Systems and Motivators, these lesson plans are currently used in nine programs.

The FLI and ITD partnered with the Competitive Edge Inc. to customize the DISC participant materials for the law enforcement community based on partnering agency demographics and missions to meet specific components of the program training competencies and requirements. Even though FLI and ITD have partnered in the development of these materials, the copyrights, academic, and intellectual concepts are maintained, and are owned, by the Competitive Edge, Inc. Competitive Edge’s customized-participant materials are essential elements of the programs taught by the

FLETC. The Competitive Edge, Inc. packages these items, along with the right for FLI-certified instructors to teach DISC intellectual concepts and models during their presentations in these training programs.

3. Description of Supplies/Services. The requirement is to provide Lesson Plan 1700 DISC – Understanding Human Behavior and Lesson Plan 1706 Belief Systems and Motivators (customized DISC model and workbook). Competitive Edge, Inc. packages these items, along with the right for FLI-certified instructors to teach DISC intellectual concepts and models during their presentations in these training programs. Competitive Edge, Inc.

provides FLETC with PDF files of the appropriate DISC materials to reproduce these materials in-house. The right to reprint these items is expressed in writing by the letter from Competitive Edge, Inc. dated June 1, 2023, which was agreed upon between the vendor and

FLETC.

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition. The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition require use of the authority cited. The Competitive Edge, Inc. is the only responsible source that meets agency requirements as implemented by the Federal Acquisition Regulation FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (Exclusive licensing agreements). The customized DISC training materials are copyrighted and are only available from Competitive Edge, Inc. In 1998, in furtherance of the development of law enforcement leadership training programs, the FLI researched and determined that the Success Insights web-based assessment is the best DISC assessment to for use in FLETC leadership training programs based on validation studies and other criteria. Subsequently, the FLI and ITD partnered with Competitive Edge, Inc. due to their willingness to customize course materials and intellectual properties to meet the needs of the law enforcement community to develop DISC student workbooks for use with the Success Insights web-based assessments. The FLI instructors are licensed through Competitive Edge, Inc. to deliver the materials contained in the DISC participant workbooks. The customized DISC participant materials are essential for students attending the programs.

In February 2016, FLI and ITD Requested Information on current products available that would meet FLETC lesson plan requirements. At that time, only five companies provided information. An FLI subject-matter expert reviewed the information; all were unacceptable except for Competitive Edge. Inc. FLI provided the Contracting Officer with the technical review.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. An announcement is being planned for posting in SAM.gov, within 30 day after award.