IA02 JA Redacted.pdf

Control No: MICC 2020-92 Contractor: VEX Robotics

Program/Equipment: Robotic Kits for 5th BDE JROTC

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS-SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: VEX Robotics Kits brand for Science, Technology, Engineering, Mathematics (STEM) education and competition.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support sole source.

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)–Fort Knox, 199 6th Avenue, Suite 250, Fort Knox, Kentucky 40121-7520.

2. Description of Action: 5th Brigade, US Army Cadet Command (USACC) requests a firm-fixed-price contract, using

, for Robotics Education & Competition Foundation Robotics Kits. The projected award date is 28 September 2020. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: One hundred fifteen (115) Robotics Education Competition Starter Kit Bundles (JROTCVCCSKB-20).

a. Starter kit bundles will include a Competition Field Perimeter Kit (278- 1501), VEX Robotics Competition (VRC) Anti-Static Full Field Tile Kit (276-7175), VRC 2020-2021 Full Field & Game Element Kit (276-6501), VEX Classroom Starter Bundle (276-7070), V5 Competition Starter Kit, T15 Star Drive Keys (8 Pack) (276- 5011), VEXnet Competition Switch (276-2335), and seasonal training bundles with dedicated staff for 2020-2021 school year.

b. VEXnet Field Controller Kit (275-1401).

c. Starter kit bundles include each of the 111 schools identified on the delivery location spreadsheet and each will receive a 2020-2021 Season Team Registration (20-21 TeamReg).

d. Schools will receive dedicated season training (JROTC-TR-WS) and full-time dedicated Staff Member seasonal support. Regional Support Manager will oversee local events.

e. Custom shipping to 54 different locations per delivery spreadsheet.

Required Delivery Date: 30 October 2020

Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C 1901 as implemented by FAR Subpart 13.5: Exclusive licensing agreements.

5. Reason for Authority Cited: The VEX Robotics Competition is presented by the Robotics Education and Competition Foundation. This robotics competition is globally, the largest and fastest growing middle school and high school robotics program with more than 20,000 teams from 50 countries playing in over 1,700 competitions worldwide. These competitions provide students valuable experience in engineering skills and life skills such as teamwork, communication, project management, and critical thinking. The VEX Robotics Competition reinforces Cadet Command’s learning initiatives for cadets in the JROTC environment. USACC Operations Order 20-03-007, USACC Annual Training Guidance Academic Year (AY) 20-21 requires that JROTC teach, train and compete using VEX Robotic Kits. In order to compete in the VEX Robotics Competition, VEX Robotics is the only authorized source to provide the robotics kits used in these competitions.

b. Alternatives. As noted in the VEX Robotics game/competition manual and competition checklist, robots can only be built using official VEX Robotic products, so no alternative products are available to the Government.

c. Impact if justification is not approved. The approval of this justification is necessary to provide continued growth of science, technology, engineering, and mathematics (STEM) instruction within the Brigade’s JROTC program. The robotics kits will help to develop Cadets’ skills in the related areas of STEM and prepare them for future meaningful careers. If not approved, the JROTC students will not receive career readiness skills and knowledge associated with the VEX Robotics Competition, which will negatively impact the Army JROTC’s ability to apply their modernized curriculum to meet the evolving workforce needs.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201. The requirement was synopsized in a Notice of Intent to Sole Source posted to the Government Point of Entry (GPE) from 28 July 2020 through 03 August 2020. As a result, no information was received that would contradict the information within this justification.

7. Actions to Increase Competition: In an effort to obtain competition, the Contracting Officer contacted VEX Robotics to see if they had a list of authorized resellers that participate in the solicitation process. As a result, VEX Robotics submitted a memorandum prohibiting VEX resellers from participating. The memorandum specifically states, “as it relates to JROTC, VEX components and kits must be purchased from VEX Robotics to be eligible for any VEX Robotics competition, as VEX Robotics resellers are prohibited from participating in JROTC requests for proposals.

8. Market Research: Market research was conducted from 24 July 2020 through 27 August 2020. Although other robot manufacturers are capable of providing robot kits, market research supports that VEX Robotics is the only source of the robotics kits that will qualify the JROTC cadets to compete in the VEX Robotics Competition.

9. Interested Sources: Not applicable.

10. Other Facts: The USACC Annual Training Guidance for Academic Year (AY) 20-

21 signed by the USACC Commanding General authorizes JROTC to participate in Robotics competitions. The VEX Robotics brand name is the only recognized brand allowed to participate in those competitions based on the VEX Robotics Competition inspection checklist. Those documents have been submitted to the contracting office and included in the official contract file.

VEX Robotics kits were recently purchased for the 8th Brigade JROTC programs under contract W9124D-20-P-0135. Competition was limited to VEX Robotics Kits exclusively. Two offers were received in response to the solicitation, VEX Robotics and an authorized reseller. Ultimately, VEX Robotics (the sole manufacturer) was the lowest offer and was awarded the contract. As stated in the preceding paragraph 7, VEX Robotics has stated that “VEX resellers are prohibited from participating in JROTC requests for proposals.”

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.

Date: See electronic signature

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.

Date: See electronic signature

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The offer will be analyzed to determine if the proposed price is fair and reasonable utilizing price analysis techniques in accordance with the guidelines in FAR Subpart 15.4. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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

Approval

Based on the foregoing justification, I hereby approve the procurement of VEX Robotics Competition Kits on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation Subpart 13.5. The estimated value of the contract is thousand with delivery by 30 October 2020. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate to the Command Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX