P00004_JA_FAR6_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency/Contracting Activity:

Department of Defense Education Activity, Information Technology (IT) Procurement Branch, 4800 Mark Center Drive, Alexandria, VA 22350.

2. Description of Action:

This justification and approval (J&A) supports the modification of contract HE1254-18-P-3003 to allow an additional period of performance of six months (1 July 2021 - 31 December 2021). Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services was not included in the contract, so this option period was not competed and pricing was not evaluated at the time of award.

FY21 Operating and Maintenance (O&M) funds are available for the in the estimated amount of

3. Description of Supplies and Services:

The Department of Defense Education Activity (DoDEA) on behalf of the Technology Innovation Division requires a vendor-hosted, web-based instructional tool to assist teachers in providing content that allows teachers to set up lessons, check for understanding, provides differentiation for English for Speakers of Other Languages (ESOL), and access for 45,000 elementary students in 110 schools and 62 secondary schools serving 28,000 secondary students.

DoDEA currently receives these services through a contract with Discovery Education which was competitively awarded a firm fixed price contract (contract number HE1254-18-P-3003) using FAR Parts 12 and 15. The contract was awarded on 10 May 2018 with a period of performance of one 12-month base year and three 12-month option periods. The period of performance end date for that contract is 30 June 2021.

Due to approaching school year and unavailability of FY22 funds, more time is required to complete the follow-on acquisition that is remaining on the existing contract. As a result, the current contract needs to be extended for six months through 31 December 2021, to meet DoDEA’s need and avoid service interruption. The extension is within scope of the contract.

The current value of the contract is The extension has an estimated value of which is based upon the current prices of Discovery Education’s quote under the contract.

4. Authority:

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)

5. Demonstration of Contractor’s Unique Qualifications or Nature of Acquisition Requiring the Authority Cited:

Based on the customer’s requirements for this six-month extension, only the incumbent Discover Education, can provide the services needed during this period.

Discover Education’s application is required because it provides supplemental content that is standards-based and accessible by any student or teacher to be embedded in instructional activities. DoDEA has access to many enterprise applications that are subject-specific but those applications are inadequate at also providing media such as full-length videos, segmented videos, images, songs, sound effects, encyclopedia articles, audio files, lesson plans, animations, and clip art. Discovery Education also has a Studio Board tool that allows students and teachers to create interactive activities that incorporate multi-modal tools from within and outside of Discovery Education. These functions are necessary for effective teaching. This six-month extension will offer continuity of services so teachers can rely on access to these supplemental contents and provide IT procurement office enough time for a proper follow on contract to be competitively solicited and awarded.

The incumbent Discovery Education is currently positioned to provide the necessary services under contract number HE1254-18-P-3003, and is the only source that can begin performance on 1 July, without causing an interruption to service. This is true for three reasons. First, as a practical matter and based on the results of the Request for Information (see Section 8), no source indicated that it could begin performance as of July 1.

Second, once DoDEA purchases a software solution, it can take many weeks for IT to integrate the solution into DoDEA’s IT infrastructure. For DoDEA to have a new solution up and running by 1 July, the follow-on contract would need to be in place today.

Third, DoDEA users need to be trained on any new software that becomes available. Being a school system with teachers in a non-duty status during the summer months, DoDEA’s teachers will not be available for training in July. As a result, even if DoDEA was able to integrate a new software solution into its infrastructure by 1 July, its teachers would not be proficient in the software solution until well into the school year so a break in service would occur.

6. Efforts to Obtain Competition:

The extension will be exercised in accordance with FAR 52.217-8. This action will not be synopsized based on the exception identified in FAR 5.202(a)(11): The six-month extension is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed action. The follow-on acquisition will be competed on a full and open basis and will be synopsized.

7. Fair and Reasonable Determination:

The contracting officer has determined the anticipated costs will be fair and reasonable based on similar pricing paid for previous contracts and market research.

8. Market Research:

Extensive market research was conducted in accordance with FAR Part 10 for the original acquisition.

Due to the timing additional market research was not conducted for the extension. However, a Request for Information (RFI) was issued on 12 May 2021 for informational purpose to locate capable businesses on meeting the requirements period of performance to begin 1 July 2021, and at a future estimated period of performance in second quarter of FY22. The RFI closed on 17 May 2021, no responses were received.

DoDEA intends to solicit these requirements with full and open competition for a new a contract and is currently undertaking the market research for this effort. A new solicitation will be posted 1st quarter

FY2022.

9. Other Supporting Facts:

None

10. Interested Sources:

None

11. Effort to remove barriers to/increase competition:

DoDEA on behalf of Technology Innovation Division is currently working on the follow-on competitive procurement. This extension will allow the continuity of service until a new contract is awarded.

DoDEA anticipates issuing a solicitation for the follow-on in 1st quarter FY22 and does not anticipate any barriers to competition.

CERTIFICATION

Technical Certification (required): I certify that the supporting data under my cognizance and which forms a basis for this justification is accurate and complete to the best of my knowledge and belief.

Signature: __ Date:

Print Name: __ Office: _____________________

APPROVAL

Approval is granted subject to the availability of funds and provided that the products/services described herein have otherwise been authorized for acquisition.

Contracting Officer (required): I certify that the justification is accurate and complete to the best of my knowledge and belief, and hereby determine that the anticipated costs to the Government for this requirement will be fair and reasonable.

Signature: __ _ Date:

Print Name: _ Office: _____________________