A23_Brand_Name_J_and_A_-_Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE

Control No. 2018-WHS-0013

BRAND NAME

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

UNDER FEDERAL ACQUISITION REGULATION FAR SUBPART 6.3

1. AGENCY AND CONTRACTING ACTIVITY:

Requiring Activity:

Department of Defense Defense Acquisition University (DAU) 9820 Belvoir Road Fort Belvoir, VA 22060

Contracting Office:

Department of Defense Washington Headquarters Services (WHS), Acquisition Directorate (AD), Enterprise Acquisition Technology and Logistics (EAT&L) Division, Analysis, Innovation & Oversight Branch (AIOB) 4800 Mark Center Drive, Suite 09F09 Alexandria, VA 22350

2. DESCRIPTION OF ACTION:

The WHS/AD, on behalf of DAU, proposes to negotiate and award a base year plus 4 option year firm-fixed-priced supply Indefinite Delivery / Indefinite Quantity (ID/IQ) Requirements contract for brand name VitalSmarts coursework on Federal Business Opportunities. The period of performance start date for the Base Year is targeted for the 2nd Quarter of FY18.

3. DESCRIPTION OF SUPPLIES: VitalSmarts communications coursework training material to include the following:

Item Quantity

(for each year, Base & 4 Option Years)

Estimated Amount

(for each year) VitalSmarts Crucial Conversations and Focused 1-day (2 day) - Participant kit materials

VitalSmarts Crucial Accountability and Crucial Conversations for Graduates (1-day) - Participant kit materials

VitalSmarts Crucial Accountability and Focused 1-day (2day) - Participant kit materials

VitalSmarts Influencer - Participant kit materials 150 VitalSmarts Getting Things Done – Participant kit materials

VitalSmarts Crucial Conversations - Trainer Suite 5 VitalSmarts Crucial Accountability - Trainer Suite 5 VitalSmarts Influencer - Trainer Suite 5 VitalSmarts Getting Things Done - Trainer Suite 5 VitalSmarts Crucial Conversations - Add-On Trainer Suite (price should assume instructor is already licensed to teach Crucial Conversations)

VitalSmarts Crucial Accountability - Add-On Trainer Suite (price should assume instructor is already licensed to teach Crucial Accountability)

VitalSmarts Crucial Conversations FOCUSED - Trainer Suite

VitalSmarts Crucial Accountability FOCUSED - Trainer Suite

Total Estimated Value for Base Year:

Total Estimated Value for the Base & 4 Option Years:

4. AUTHORITY CITED:

The statutory authority permitting other than full and open competition is 6.302-1 - only one responsible source and no other supplies or services will satisfy agency requirements.

5. REASON FOR AUTHORITY CITED:

DAU has over 200 courses in its curriculum, including courses created by DAU, as well as commercial courses taught by DAU instructors. VitalSmarts brand courses are taught by DAU instructors as part of its mission assistance curriculum. DAU already holds the certifications for its instructors to teach VitalSmarts courses, which it acquired at a cost of

The current acquisition is only to obtain the student participant kits and the instructor course materials. If DAU was to switch to a different vendor’s learning system, it would need to acquire not only the student and instructor materials, but it would also need to acquire instructor certifications for the new material at substantial cost.

In order to teach these courses, DAU requires the correct student participant kits and trainer suites. All materials and facilitation pertaining to VitalSmarts programs are copyrighted and registered and may not be distributed through, or provided by other individuals or companies unless authorized by VitalSmarts. VitalSmarts owns all rights to grant licenses for use of its intellectual property. Without the correct VitalSmarts student participation kits, DAU will be unable to instruct several of the courses in its curriculum.

6. EFFORTS TO OBTAIN COMPETITION:

The solicitation along with the approved Brand Name - Justification & Approval shall be made available on FedBizOpps in accordance with FAR Part 5.201 & 5.203.

7. FAIR AND REASONABLE PRICE DETERMINATION:

I hereby determine that the anticipated price for this contract action will be fair and reasonable.

The techniques identified at FAR 15.404-1(b)(2)(ii) and 15.404-1(b)(2)(v) will be used to ensure award will be at fair and reasonable prices. Certified cost and pricing data will not be required.

8. MARKET RESEARCH:

Market research was conducted within the last 12 months by reviewing the acquisition history, interviewing knowledgeable individuals in industry and government, reviewing existing WHS-wide and DoD Multiple-Award contract vehicles, other Government-Wide Acquisition Contracts, and reviewing the UNICOR and Ability One priority sources. This research included searches using internet search engines, the Small Business Dynamic Search Engine, and reviewing Army CHESS, DOD ESI, NHS NITAAC, and NASA SEWP Government-Wide Acquisition Contracts (GWAC), as well as searches using GSA Advantage!. Market research performed found that there are no other Vendors that could provide known content to meet the specific coursework training needs identified in Section 3.

9. OTHER FACTS:

None.

10. INTERESTED SOURCES:

11. ACTIONS TO INCREASE COMPETITION:

Unless additional resellers are authorized by the original manufacturer, then competition cannot be increased due to the copyrighted nature of this requirement.

12. IS THIS ACQUISITION FOR A NON-COMPETITIVE FOLLOW-ON

ACQUISITION PREVIOUSLY AWARDED ON A NON-COMPETITIVE BASIS?

Yes. A copy of the previous justification is attached1.

The Actions to remove any barriers to competition cited on the previous justification were completed:

Yes.

No. VitalSmarts coursework was previously procured by DAU through a Government

Purchase Card, which does not require competition.

1 IAW PGI 206.303-2(b)(i)(B).

REILLY.ALLISON.LO

UISE.1255733377

Digitally signed by

REILLY.ALLISON.LOUISE.1255733377

Date: 2018.02.01 08:47:24 -05'00'

CRAWFORD.JOHN.W

ILLIAM.1072802590

Digitally signed by

CRAWFORD.JOHN.WILLIAM.1072802590

Date: 2018.02.01 09:07:34 -05'00'

KAO.DAVID.HOBERT.111217

Digitally signed by

KAO.DAVID.HOBERT.1112172870

Date: 2018.02.16 16:53:20 -05'00'