A17_JA_Justification_for_Other_Than_Full_and_Open_Competition_(JOFOC)_Redacted_1.pdf

PR/SOL/CONTRACT No. Crucial Learning Curriculum months with four (4) 12-month option periods.

4. An identification of the statutory authority permitting other than full and open competition.

This is an acquisition conducted under the authority of the Simplified Procedures for Acquisition of Commercial Products and Commercial Services. The statutory authority permitting restricting competition is 41 U.S.C 1901 as implemented by RFO 12.102(b).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Crucial Learning maintains proprietary rights to the courseware, instructor licensing model, and Exchangeable Learner License system used to deliver these courses. OED requires continued access to these materials to support ongoing and future training needs.

OED utilizes Crucial Learning’s proprietary curriculum. All instructional content, digital materials, and Exchangeable Learner Licenses are owned exclusively by Crucial Learning. DOI’s training models rely on these materials and cannot be replaced by alternate vendors. The labor cost, operational risk, personnel training and software replacement associated with transition to an entirely different learning platform is prohibitive.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under Part 5 applies.

RFO Part 12 does not require a pre-solicitation notice to be publicized to a Government Point of Entry (GPE). Exception is RFO 5.101(b) Exemptions. The contracting officer is not required to post a presolicitation notice to the GPE when (2) Using other than full and open competition. Independent market research was conducted.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on Crucial Learning’s comparison against same or similar products sold in the commercial market to private and publicly traded companies. Additionally, the cost will be compared to previous DOI purchases.

8. A description of the market research conducted (see RFO Part 10), and the results or a statement of the reason market research was not conducted.

An analysis of the market indicates that the required Crucial Learning’s proprietary curriculum is commercially available only through the manufacture Crucial Learning as they do not have authorized resellers. Therefore, to promote efficiency and economy in contracting and avoid unnecessary burdens in cost for agencies and contractors, a direct award to Crucial Learning proves to be in the best interest of the Government.

9. Any other facts supporting the use of other than full and open competition; such as: