initial JA econtent .docx

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. The Department of State, Office of Acquisition Management, is conducting this acquisition for electronic content compatible with Amazon Kindle 3G devices on behalf of the Office of the Under Secretary for Public Diplomacy and Public Affairs (R). The estimated cost is $1,300,000.

2. Nature and description of the action being approved: New purchase order for commercial items in accordance with the materials list prepared by IIP/IR. It is important to note that the audible.com vendor sited in the list in addition to Amazon is a subsidiary of Amazon.

3. A description of the supplies required to meet the Department’s needs: The IIP/IR list depicts the specific electronic materials required including electronic books, audio books, English language word games. The key requirement is that all such materials be compatible with the already-purchased Kindle 3G e-readers. All material must be in Amazon’s proprietary AZW format, Mobi-Pocket.

4. An identification of the statutory authority permitting other than full and open competition: 41 USC 253(g) and FAR 13.501, Only One Responsible Source.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited: Content materials must be technologically compatible with the Amazon Kindle e-reader. The Department awarded a sole source contract to CDW Government on 28 June 2011 under contract number SAQMMA11M1285 valued at $1,077,355 for 6,000 hand-held, digital, electronic reading devices (“e-Readers” of the brand name “Kindle 3Gs”). With this purchase it now is necessary to acquire content using propriety electronic formats compatible with the acquired Kindle e-Readers. Without compatible content, the devices will be non-functional.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable: A Combined Synopsis solicitation will be issued under FAR 12.6 procedures. The Combined Synopsis/Solicitation will include this Justification, and will be publicized on FedBizOpps in accordance with FAR 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable: The Contracting Officer will make a fair and reasonable price determination in accordance with FAR 13.106-3, and will be based on market research, comparison of previous purchase prices found reasonable, or a comparison with similar items in related industry.

8. A description of the market survey conducted and the results. Each e-reader vendor uses its own proprietary software formats. This makes any other vendor’s material incompatible with the Amazon devices.

9. Any other facts supporting the use of other than full and open competition: The products identified by brand name herein have been identified as the only products that will meet the Department’s requirements.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition: N/A.

11. A statement of the actions, if any, the Department may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required: This justification will be publicized on FedBizOpps with the Combined Synopsis/Solicitation, in accordance with FAR 5.2.