Playaway_Devices_LSJ_GPE_Posting.pdf

NATIONAL ACQUISITIONS SECTION

SOLE SOURCE JUSTIFICATION

Pursuant to the Federal Acquisition Regulation (FAR) Subparts 13.106-1(b)(2)and 13.501(a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(c), the U.S Department of Justice (DOJ), Federal Bureau of Prisons (Bureau) has determined there is only one source reasonably available. The following is supporting documentation in accordance with FAR Subpart 13.501(a)(2)(ii).

Contracting Agency – DOJ, Bureau, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section (NAS).

Nature and/or Description of Action being Approved – The procurement action to be approved is a sole source, firm fixed-price requirements-type contract with four optional performance periods for Playaway audio devices and the recording of audio content using cognitive behavioral therapy (CBT) techniques specific to Bureau, which will be uploaded to the Playaway devices.

A description of the supplies or services required to meet the agency's needs including estimated value - The purpose for this acquisition is to create therapeutic mental health related audio content for use in a correctional environment. A Playaway device is a pre-loaded, portable audio device created by Findaway World LLC (Findaway) that can provide a variety of digital media. The Playaway audio device can hold up to 80 hours of prerecorded content. The digital content is preloaded at the factory and cannot be changed, copied, edited, uploaded, or downloaded by the user, which is imperative in a correctional environment. This simple, self-contained device is ideal in a correctional environment because it allows access to treatment content while allaying security concerns.

The creation of therapeutic mental health related audio content required by the Psychology Services Branch (PSB) for cognitive behavioral management therapies specific to the Bureau’s needs. The content will supplement therapeutic groups (which fulfills First Step Act requirements), and will assist inmates in restrictive housing to better-cope with their living situation.

07-20-0089, NAS, Playaways Audio Devices therapeutic developed mental health-related audio files will include content on the following topics: depression, grief, mindfulness, pain management, relaxation, guided imagery, stress and anxiety, general wellness, addiction and more. These topics are central to the care, custody and security of the inmate population. A contract is needed immediately to ensure the Federal Bureau of Prisons fulfills the First Step Act requirements.

The estimated value for this procurement is $4,830,000.00.

Authority Cited – The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, determined that the use of this authority is appropriate pursuant to FAR Subpart 13.501(a)(1)(ii), that the circumstances of this action deem only a single source is reasonably available.

Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited – The Playaway is a self-contained device that can play therapeutic audio content tailored to the treatment plans of mental health inmates, thus fulfilling First Step Act requirements. Findaway can meet the parameters of this acquisition in the time frame required. The unique Playaway device and the creation of therapeutic mental health-related audio content, exclusively developed and patented by Findaway, can also meet the needs of the Bureau’s custody, care, and security requirements by using cognitive behavioral therapeutic treatments designed by PSB. The Playaway device is the only commercially available product for this purpose

Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2: - A notice of the Bureau’s intent to issue a sole source award to Findaway Worldwide LLC will be posted to the Government Point of Entry (GPE) in accordance with FAR Subparts 13.105(a) and 5.203(a). The sole source justification will be made available to the GPE as required by FAR Subpart 13.501(a)(1)(iii).

Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable – After conducting market research and comparing the pricing offered to historical prices paid, the Independent Government Estimate, and catalog pricing for similar products, such as MP3 players, the Contracting Officer (CO) anticipates the pricing for the commercially available Playaway pre-loaded devices and the audio content to be placed on these devices, will be fair and reasonable.

Description of the Market Survey Conducted – The CO conducted market research on various devices that could be used in a correctional setting and the Playaway device was the only device appropriate for the needs of the Bureau.

The current vendor, Findaway World LLC, is the exclusive maker of the Playaway pre-loaded products. Findaway owns the registration, trade and associated marks with each Playaway pre-loaded product. Furthermore, Findaway also has filed and owns the patents related to all Playaway pre-loaded products. In addition to creating and distributing the devices, Findaway has a team of voice artists and a studio capable of creating content specific to the needs of the Bureau and can place it on the Playaway pre-loaded device. Market research revealed that Findaway has not authorized resellers and is the exclusive maker of Playaway pre-loaded products.

Other Factors – N/A

List of Sources, Expressing in Writing, Interest in the Acquisition – Findaway World LLC

31999 Aurora Rd.

Solon, OH 44139-2853

DUNS: 624113606

11. Actions to be taken to Promote future competition - The CO, in conjunction with technical and policy guidance provided by PSB, and IPPA, will continue to conduct market research to determine the availability of other sources for competition for future acquisitions.

1 . Technical Certification:

I certify that the supporting data under my cognizance which verifies the Government's requirements included in this justification are accurate and complete to the best of my knowledge and belief.

Alison Leukefeld Date Psychology Service Administrator, Psychology Services Branch

1 . Contracting Officer's Certification:

I hereby certify this justification is accurate and complete to the best of my knowledge and belief.

Paul Brown Date Contracting Officer, National Acquisitions Section

1 . Concurrence:

I certify the above justification is accurate and complete to the best of my knowledge and belief.

Robert Bland Date Chief, National Acquisitions Section

DateCatherine S. Scott Chief, Acquisitions Branch/Procurement Executive

Approved By:

Loneryl Burns Date Senior Deputy Assistant Director for Administration/Competition Advocate

ALISON

LEUKEFELD

Digitally signed by

ALISON LEUKEFELD

Date: 2020.07.16 12:16:13 -04'00'

Digitally signed by PAUL BROWN Date: 2020.07.16 13:26:03 -04'00'

ROBERT BLAND Digitally signed by ROBERT BLAND Date: 2020.07.16 20:32:51 -04'00'

07-20-0089, NAS, Playaways Audio Devices

CATHERINE SCOTT Digitally signed by CATHERINE SCOTT Date: 2020.08.04 13:50:18 -04'00'

Date: 2020.08.12 11:34:07 -04'00'