J A Sole Source and Brand Name - ASC.doc

JUSTIFICATION & APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency: Department of Defense Education Activity

2. Authority Cited: 10 U.S.C. 2304(c) (1) “Only one responsible source and no other supplies or services will satisfy agency requirements.” (FAR 6.302-1(b)(1)(i), FAR 6.302-1(c)).

3. Description of Supplies and Services: LEGO parts and sets designed to teach required specialized curriculum. Sets include an emphasis on Green Policy (Ex: Green City Classroom Set) and educational instruction on environmental topics such as renewable resources.

Sole Source/Brand Name Vendor Information:

LEGO Education

P.O. Box 1707

Pittsburg, KS 66762-1707

Phone: 800-362-4308

Fax: 888-534-6784

4. Description of Action: DDESS Procurement intends to award a firm-fixed price contract to LEGO Education for an estimated amount of $68,605.81.

5. Reason for Authority Cited: Ft. Campbell Schools are responsible for providing education to children of service members residing on Fort Campbell under the Free and Appropriate Public Education (FAPE) and Individuals with Disabilities Act (IDEA) by laws. Market research revealed LEGO Education is the only source that can provide the products required by the Schools’ specialized curriculum centered on environmental education and renewable resources learning.

There is a reasonable basis to conclude that such unique supplies are available from only one supplier with unique capabilities (per FAR 6.302-1(b)(i)).

It is also necessary to use a brand name description (per FAR 6.302-1(c)) to describe this requirement, as it is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

6. Effort to Obtain Competition: DDESS researched all available Orientation and Mobility Services in the commuting area. A notice of the Government’s intent to make a sole source award to MCP Orientation and Mobility Services will be posted on the DDESS Business Opportunities website.

7. Action to Increase Competition: The market place will continue to be monitored to identify any new sources. The need for the existing curriculum/ or need to modify or change the curriculum will also be examined.

8. Market Research: Research from past contractual actions, in addition to current research, has indicated that there are robotics companies available to provide robotics kits for student instruction. Such companies, however, do not sell sets designed for classroom use, nor do any of the companies have robotics sets centered on educational topics such as environmental learning. (See attached for market research results).

9. Interested Sources: None.

10. Other Factors: None.

11. Technical Certification:

I certify that the supporting data under my cognizance that are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief.

Signature: _______________________ Date: _______________

Typed Name/Title:

Division:

12. Requirements Certification: I certify that the supporting data under my cognizance that are included in this Justification and Approval are accurate and complete to the best of my knowledge and belief.

Signature: _____________________________________Date:______________

Typed Name/Title:

Division:

13. Approval: Based on the foregoing justification, I hereby approve the procurement of special education residential school program services on an unusual and compelling sole source basis, pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to the availability of funds, and provided the services described above have otherwise been authorized for acquisition.

Signature: ___________________________________Date: _______________

Typed Name/Title: Marc S. Bowen, Contracting Officer

Division: DDESS Procurement 11 December 2009