REDACTED FAR 13 Determination BELGIUM.pdf

DETERMINATION

For

SINGLE SOURCE SOLICITATION - FAR 13 (≤SAT)

1. Contracting Agency: Department of Defense Education Activity – Procurement Division

2. Title of Requirement: Special Education Mediation Services - Belgium

3. Description of Supplies and Services: DoDEA’s Center for Early Dispute Resolution (CEDR) requires the services of Merri Hanson to mediate between DoDEA representatives and parents in an attempt to resolve a special education conflict between DoDEA parents and their child’s school. Ms.

Hanson is highly experienced as a special education mediator. The award of a contract is urgent as we anticipate holding a mediation session in October 2020.

4. Description of Action: As soon as possible, the Mediator will make contact with those involved in this dispute to prepare for the mediation, including obtaining information about the dispute, informing them about the nature and purpose of mediation, and addressing any concerns about the mediation process prior to the start of the actual mediation. She will identify issues involved in the mediation and will provide mediation services with regard to the dispute, facilitating a process that will encourage the parties to communicate effectively and seek resolution of their differences. A firm fixed price contract is planned with a total estimated value of $6,700. The period of performance will be for 90 days from the date of the award. The anticipated mediation performance will start mid-October.

5. Authority: FAR 13.106-1(b)(1)

6. Market Research:

In pursuit of soliciting a mediator to fulfill this requirement, several mediators were found capable of providing the services, and based on the market research gathered, Merri Hanson was found to be readily available to accommodate the short suspense to fulfill the Government’s need. This requirement is time sensitive.

The FAR exempt mediators or other neutral experts from full and open competition. It would be most advantageous for the family and the Government to contract Ms Merri Hanson. Furthermore, full and open competition is not required to satisfy this procurement. FAR 6.302-3 (a)(3) provides, “Full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order . . . (ii) to acquire the services of an expert or neutral person for any current or anticipated ligation or dispute.”

FAR 6.302-3(b)(3) provides that the use of the authority excepting an acquisition from full and open competition “may be appropriate when it is necessary to acquire the services of . . . (ii) a neutral person, e.g., mediators or arbitrators, to facilitate the resolution of issues in an alternative dispute resolution process.“

FAR 13 Determination At or Below SAT

SOURCE SELECTION INFORMATION-SEE FAR2.101AND 3.104

FOR OFFICIAL USE ONLY

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

7. Rationale for Single Source:

Merri Hanson is highly experienced as a special education mediator and a trainer in mediation skills. Her experience and capability make her well-suited for this undertaking.

Upon the basis of the following justification, I, as the Contracting Officer, hereby approve this justification for the proposed contract action pursuant to the authority cited above is essential to the Government's requirements, and market research indicates a sole source small business set-aside will be pursued to accomplish the Government’s mission need.

Based on the market research conducted for this justification, a determination has been made to issue a sole-source solicitation to Merri Hanson as the mediator for the above-described requirement.

FOR OFFICIAL USE ONLY

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: 10/5/2020

Print Name: Ellen K. Wayne Office: CEDR/OGC

Determination

Contracting Officer (required): I certify that the facts and representations included in this determination are accurate and complete to the best of my knowledge. I hereby determine that the circumstances of this contract action deem only one source reasonably available and the anticipated cost to the Government will be fair and reasonable. Approval is granted subject to the availability of funds and provided that the products/services described herein have otherwise been authorized for acquisition.

GOODWIN.TRES Digitally signed by

GOODWIN.TRESA.MARVEL

Signature: A.MARVELLA.10 LA.1060433034 Date: 2020.10.05 15:11:06

Date:

60433034 -04'00'

Print Name: Tresa M. Goodwin Office: Department of Defense Education Activity – Procurement Division

FOR OFFICIAL USE ONLY