26QE065_JA_071526.pdf

Controlled Unclassified Information (CUI) Source Selection Information – See FAR 2.101 & FAR 3.104.

CUI - Source Selection Information – See FAR 2.101 & FAR 3.104.

DEPARTMENT OF WAR EDUCATION ACTIVITY

JUSTIFICATION For SOLE SOURCE OR BRAND NAME, FAR PART 12 > SAT and < $9M

K-12 LEGO ROBOTICS

1. Contracting Agency

Department of War Education Activity

2. Description of Action

A firm fixed price contract is planned with a total estimated value of $5,908,775.70 using Simplified Acquisition Procedures under FAR Part 12. The period of performance/estimated delivery date is for a 5-year base period. FY26 Operating and Maintenance (O&M) funds are available for in the estimated amount of $2,847,602.74. Note: The funding will come from each school in DoWEA, not from HQ.

3. Description of Supplies and Services Required to Meet the Need

DoWEA requires hardware, software, and related support for the LEGO robotics components purchased so that students can compete in the FIRST Robotics Competition. The components and estimated quantities required by DoWEA schools each year are listed in the table below:

Components Base 1 Base 2 Base 3 Base 4 Base 5

LEGO Education Computer Science & AI Set for grades K-2 1,676 419 419 419 419 Computer Science & AI Set for grades 3-5 1,676 419 419 419 419 Computer Science & AI Set for grades 6-8 1,676 419 419 419 419

Replacement Pack K-2 1,676 419 419 419 419 Replacement Pack 3-5 1,676 419 419 419 419 Replacement Pack 6-8 1,676 419 419 419 419

Single Motor 640 160 160 160 160 Double Motor 640 160 160 160 160

Controller 640 160 160 160 160 Color Sensor 640 160 160 160 160

Computer Science App 160 160 160 160 160

4. Authority

41 U.S.C. 1901(a)(2) and FAR 12.102(b).

5. Demonstration of Contractor’s Unique Qualifications or Nature of Acquisition Requiring the Authority Cited:

Pursuant to Federal Acquisition Regulation (FAR) Part 6.302-1, this acquisition is justifiably restricted to brand-name LEGO robotics components, as they are the only products that will meet the Government's minimum needs. DoWEA requires these hardware, software, and support items for K-12 students to participate in the FIRST (For Inspiration and Recognition of Science and Technology) Robotics Competition.

The governing body of the FIRST competition mandates that all participating teams use a standardized "kit of parts" to construct their robots. This rule is essential to the integrity of the competition, as it ensures a level playing field where student ingenuity, strategy, and programming skill are the deciding factors, rather than access to superior or proprietary equipment. The use of any non-LEGO, or "off-brand," components for the core robotic system is strictly prohibited by competition rules and would result in the immediate disqualification of the DoWEA student teams. For additional information see the following URL: https://www.firstinspires.org/programs/fll/, which refers to FIRST® LEGO® League and LEGO® technology.

CUI - Source Selection Information – See FAR 2.101 & FAR 3.104.

DEPARTMENT OF WAR EDUCATION ACTIVITY

Therefore, to ensure DoWEA students are eligible to compete and to uphold the principles of fair and equitable competition, only LEGO-manufactured components are acceptable. There are no "equal" products from other manufacturers that would be permissible under the competition's governing rules.

Based on the rationale above, the Contracting Officer has made the determination to issue a sole source solicitation to as the only entity that can provide the required educational services.

6. Effort to Obtain Competition

DoWEA has performed extensive market research and, as in the fiscal year 2023 procurement, the brand name sole source strategy is again required. DoWEA will publicize a notice as required by FAR Subpart 5.2.

7. Fair and Reasonable Determination

The contracting officer has determined the anticipated costs will be fair and reasonable based on the comparison of the pricing in the fiscal year 2023 award to the recent non-binding price estimate.

8. Market Research

LEGO Systems, Inc., 555 Taylor Rd, Enfield, CT 06082. Steffanie Forbes, Account Manager, steffanie.forbes@lego.com, 866-420-5346. Large business, per SAM.gov. for NAICS code 541511 (Custom Computer Programming Services). CAGE code 0ZES3. UEI: EJGNVDR3L1K7.

No other entity markets the LEGO robotics components required for students to participate in the FIRST Robotics Competition.

Search parameters to review the Federal Procurement Data System (FPDS) and Dynamic Small Business Search (DSBS):

The current contract’s NAICS code, 541511 (Custom Computer Programming Services). The keywords, LEGO software and LEGO controller, were used for the search. Under both keywords there were no matches.

9. Other Supporting Facts

None

10. Interested Sources

LEGO Systems, Inc.

11. Effort to Remove Barriers to Increase Competition:

DoWEA subject-matter experts continually monitor developments in robotics and the FIRST Robotics Competition. DoWEA will perform market research prior to each option exercise to determine whether new sources may result in competition. If a new source that meets DoWEA’s requirements comes on the market, DoWEA will ensure that the proper acquisition strategy is used to address this development.

CUI - Source Selection Information – See FAR 2.101 & FAR 3.104.

DEPARTMENT OF WAR EDUCATION ACTIVITY

K-12 LEGO ROBOTICS

CERTIFICATION

In accordance with FAR 6.303-2(c), I certify this justification completely and accurately conveys the Government’s minimum needs or requirements and the rational for other than full and open competition, including supporting data, to the best of my knowledge and belief.

Hoa Nguyen, Contracting Officer’s Representative

APPROVAL

Approval is granted subject to the availability of funds and provided that the products/services described herein have otherwise been authorized for acquisition.

Contracting Officer: In accordance with FAR 6.104-1(a)(12), I certify that the justification is accurate and complete to the best of my knowledge and belief. In addition, I hereby determine that entering into a sole source contract with LEGO Systems, Inc. will result in a price that will be fair and reasonable to the Government.

Jamie Formosa, Contracting Officer