JOFOC CodeBaby 07-31-12.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CodeBaby Purchase

ASC/HRM Center of Learning

Federal law (41 U.S.C. 253) requires full and open competition in soliciting offers and awarding Government contracts. This means that acquisitions must be advertised in the Federal Business Opportunities (FEDBIZOPPS) for 15 calendar days before issuing a solicitation, with at least 30 days response time for receipt of bids or proposals from date of issuance of a solicitation and that “all responsible sources must be permitted to compete” (48 CFR Part 6). The normal process of acquisitions takes a minimum of 90 calendar days. The FAR requires that justifications for total acquisition needs within certain dollar levels be approved by the Competition Advocate (FAR 6.304(a) (3).

Accordingly, the following Justification from Other Than Full and Open Competition (JOFOC) is prepared in accordance with FAR 6.302-2:

1. Identification of Agency: ASC/HRM Center of Learning

2. Nature and/or Description of Action Being Approved: Maintenance and support of previously purchased CodeBaby Studio 4 3D Animated Character development software for Course Development.

3. Description of Supplies or Services Required to Meet Agency’s Need

Including Estimated the Value: Ongoing annual Maintenance and Support for CodeBaby program, to ensure full functionality and significantly cut development costs for computer based training.

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

Competition: 41 U.S.C. 253(c) (1).

5. Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited:

CodeBaby is the sole source that can provide this Maintenance and Support for the software previously purchased by the Forest Service.

Market Research shows an estimated $50,000 for average replacement software.

6. A Description of Efforts Made to Ensure that Offers are solicited From as

Many Potential Sources as is Practicable, Including Whether a Notice was or will be Publicized as Required by Subpart 5.2 and, if not, Which Exception Under 5.202 Applies: CodeBaby Inc. has proprietary rights to the software therefore are the only ones that can provide the maintenance support for the software being used by the Government therefore will be purchasing under FAR 5.202(2), 6.302-1(b)(1)(i)(2).

7. Determination by the Contracting Officer That the Anticipated Cost to the

Government will be Fair and Reasonable: Base on prior bidding history, and considering that replacing the entire software would cause and undue burden to the Government and by maintaining the current software and providing support maintenance to ensure continued use of the software, the cost is fair more reasonable then completely replacing the current software and having to training personal on the new software would make the cost unreasonable. Therefore it has been determine that the proposal offered by Code Baby for Annual Maintenance Support is considered fair and reasonable.

8. Description of Market Research Conducted: The FS Program Manager conducted a comprehensive web search to find similar products.

CodeBaby Studio 4 is the only software of its kind. It is the only software that comes with 24 standard and two customizable ready-made animated characters that can be given over 300 realistic gestures. It also has an automatic lip-sync and animate feature, which creates a fully functioning character in a matter of minutes. It doesn’t require a major learning curve or Flash development experience. This is a major factor since it takes years to become proficient in Flash to the point that would be needed to build these same characters and functions that we would use in our e-learning.

9. Any Other Facts Supporting the use of Other Than Full and Open

Competition: With current budget restrictions that continue with Code Baby and only having to purchase annual support is more cost effective than buying a whole new e-learning software.

10. A listing of the Sources, if any, That Expressed, in Writing, an Interest in the Acquisition: None

11. A Statement of the Actions, if any, the Agency may Take to Remove or

Overcome any Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required: We will continue to monitor the market, when the current contract that is being established runs out of options will conduct market research and conduct a price and cost analysis on whether to move forward and continue with Code Baby or see what other options are out there that meets the Government needs.

12. I certify that this justification is accurate and complete to the best of my knowledge and belief.

RECOMMENDED:

__/s/ Sheryl Shafer for__________________ _07/31/2012_______ Sam Graham, Date Director, Internal Operations

Sophia Marshall_______________ 8/2/2012_________

(ENTER CO NAME) Date Contracting Officer