A.02.04_Justification_and_Approval_Document__Arbinger_31_March_2016_Approved_Redacted.pdf

Control No: 16-HRCO-96

For Official Use Only (See FAR 2.101 and 3.104-4)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Health Contracting Activity (Provisional) (USAHCA(P)), Health Readiness Contracting Office (Provisional) (HRCO(P)), 2199 Storage Street, Building 4197, Suite 68, Joint Base San Antonio (JBSA) - Fort Sam Houston, Texas 78234-5074.

2. Description of Action: The HRCO(P) requests approval to negotiate a new sole source contract for Arbinger Training Publications. This is a supply buy. It is contemplated that the resultant award will be an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm-Fixed-Price task orders. The type of funds to be used is Fiscal Year (FY) 2016 Defense Health Program (DHP) funds. Estimated share and ceiling arrangements and fee or profit are not applicable to this acquisition. The period of delivery is 12 months.

3. Description of Supplies/Services: The Army Medical Department (AMEDD) requires the purchase of Arbinger Training Publications to be used by the Team and Organizational Development Directorate (TODD) and AMEDD unit internal facilitators certified through Arbinger to conduct initial and follow-on training within the organization. The required training publications consists of 4 books as follow: (1) “Leadership and Self-Deception" (ISBN 978-1-57675-977-6), (2) "The Anatomy of Peace" (ISBN 978-1-57675-548-6),

(3) "Developing an Outward Mindset” and (4) “Developing and Implementing an Outward Mindset”. The training publications are composed of detailed instructions and templates that the AMEDD trainees will use for planning, evaluating, and fostering collaborative methodology.

The goal of the training is for trainees to become focused on enabling the organization to achieve breakthrough results and experience substantial and sustainable improvements in key areas such as leadership development, team effectiveness, customer satisfaction, change management, collaboration, and conflict resolution. Market research has revealed that two of the required publications, “Leadership and Self-Deception" and "The Anatomy of Peace" are available on the open market and therefore will be competitively purchased. The remaining two publications;

“Developing an Outward Mindset” and “Developing and Implementing an Outward Mindset” are proprietary, copyrighted, and available only through the Arbinger Institute. The estimated cost of the proprietary books, available only from the Arbinger Institute, is , the total estimated contract amount for all four publications is .

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 United States Code 1901 as implemented in FAR 13.5, Simplified Procedures for Certain Commercial Items.

5. Reason for Authority Cited: Only one responsible source and no other supplies or services will satisfy agency requirements. The two publications, “Developing an Outward Mindset” and “Developing and Implementing an Outward Mindset” are proprietary and copyrighted by The Arbinger Institute and are not available from any other vendor. The required training publications are the only products that will allow AMEDD organizations to utilize The Arbinger Institute methodologies and techniques in the day-to-day work environment.

(See FAR 2.101 and 3.104-4)

6. Efforts to Obtain Competition: The Arbinger Institute was contacted to identify authorized distributors for the required training publications. Aside from the two publications that are available on the open market, the response was that the required training publications are proprietary to the Arbinger Institute and are not available through any other vendor.

a. Effective competition. Based on the legal rights of The Arbinger Institute in declining to release their training publications for distribution by other vendors, citing proprietary intellectual property rights, there is no anticipated competition at this time.

b. Subcontracting competition. A subcontracting plan is not required in accordance with FAR 19.702(a)(1).

7. Actions to Increase Competition: The AMEDD TODD is currently working with the HRCO(P) Army Services Branch to establish a new contract for similar services and training materilas and publications provided under the previous contract. The new requirement is being procured on a full and open competition basis. This J&A requirement is considered a new requirement for just the training publications which will permit the AMEDD TODD to continue training sessions using Arbinger’s collaborative methodology while the new competitive requirement is being procured.

8. Market Research: Market research was conducted within the past 12 months to determine the most economical source of the training publications available. Since two of the four requiredpublications are the proprietary intellectual property of the Arbinger Institute, they are currently the only source capable of supporting this requirement.

9. Interested Sources: In accordance with DFARS PGI 206.302-1, a sources sought notice was posted via FedBizOpps on 10 March 2016 with a response date of 17 March 2016. A total of 2 responses were received, both vendors stated that they were able to provide the open market books but none expressed they have the capability of providing the proprietary publications required. The notices required by FAR 5.201 will be published, and any bids or proposals received will be considered by the contracting officer.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several contracts for these same requirements. N/A

(2) The competitive status of this action was sole-source. N/A

(3) Authority previously cited if less than full and open competition. N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A

(See FAR 2.101 and 3.104-4)

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated. None.

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.

Signature: __Date: _________________

Typed Name: Title Operations Division Chief (TODD)

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.

Signature: _____ ___Date: _________________

Typed Name: Title Operations Division Chief (TODD)

31 March 2016 o D

(See FAR 2.101 and 3.104-4)

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 based on a price analysis and comparison with the IGE. This requirement is a commercial supply buy and therefore certified cost and pricing data is not required per FAR 15.403-1(b)(3).

Signature: _____ _Date: _________________

Typed Name: Title: Contracting Officer

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

Signature: ___ __Date: _________________

Typed Name: Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of Arbinger Training Publications on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the supplies and property herein described have otherwise been authorized for acquisition.

Signature: _ ____Date: _________________

Typed Name: Title: Contracting Officer

, 31 March 2016

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