Redacted_GED_JOFOC.pdf

NATIONAL ACQUISITIONS SECTION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 6.302-1 (a) (1) and 6.302-1 (b) (1) (i) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(d), the Federal Bureau of Prisons (Bureau) has determined that the use of other than full and open competitive procedures is justified for this procurement action. The following is supporting documentation in accordance with FAR Subpart 6.303-2, Content.

1. Identification of the agency and contracting activity U.S. Department of Justice, Bureau, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Nature and/or description of action being approved- The Education Branch has a requirement to provide General Education Development (GED) testing supplies and services for inmates in the custody of the Bureau. The contractor is to provide all supplies and services necessary for Bureau personnel to administer the GED testing program at Bureau institutions, regardless of the test delivery method (paper or computer) . GED Testing Service (GEDTS), only one source, and no other supplies and/or services, will satisfy the agency requirements.

3 . A description of the supplies or services required to meet the agency's needs including estimated value- The Bureau requires the contractor to provide education achievement tests (at a high school equivalent level) and related services, resulting in GED credentials for federal prison inmates that pass the exams. Due to the diverse inmate population, the certification needs to be recognized by employers and postsecondary schools located in the U.S. and its territories. Many inmates will not release to the same state in which they were incarcerated, and that it does not serve the interests of the Bureau, the inmates, or the general public to provide inmates with high school equivalency credentials that are not recognized by his or her home state or country.

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The Contractor is to provide the following services and supplies:

• Paper-based standardized test (PBT) batteries in:

1) Language Arts, Writing;

2) Social Studies;

3) Science;

4) Language Arts, Reading; and

5) Mathematics.

• Computer-based standardized test (CBT) batteries in:

1) Social Studies;

2) Science;

3) Mathematics; and

4) Reading through Language Arts.

• All PBT tests shall be available in English, Spanish, French, Large Print, Braille, and audio-cassettes.

• Supply standardized forms, examiner's policies and procedures manuals, electronic training media and any additional supplies necessary for Bureau personnel to administer the GED testing program at the Bureau institutions.

• Score all test, record and maintain all records, and provide statistical reports as requested.

• Provide special reports utilizing the actual test results of the federal inmates for developing instructional lesson plans/curriculums to improve test outcomes.

• Provide GED credentialing for those federal prison inmates GED candidates who successfully pass the GED tests. The credentials are recognized by all U.S. Territories, military services, overseas installations, and U.S.

higher education institutions.

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4. Identification of the statutory authority permi ttinq other than full open competition- The statutory authority permitting other than full and open competition is FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements

(a) (1) Citations: 41U.S.C.253 (c) (1).

5. Demonstration that the proposed contractor's unique qualifications of the nature of the acquisition requires use of the authority cited -

28 CFR § 544.70 states that an inmate confined in a federal institution who does not have a verified General Education Development (GED) credential or high school diploma is required to attend an adult literacy program for minimum of 240 instructional hours or until aGED is achieved, whichever occurs first.

The GED credential is nationally and internationally recognized high school equivalency credential with a longstanding history, which allow federal prison inmates releasing to various states and countries a highly accepted credential.

GEDTS maintains the capability to meet the unique requirements of the Bureau. Due to numerous test site locations and diverse State and Territorial credentialing requirements, GEDTS' standardized approach is necessary for the operation of the Bureau GED Testing program.

In addition, federal prison inmates may take tests at one Bureau Test Center or another Test Center, transfer to another Bureau Test Center, and Bureau staff request that their scores be combined by GEDTS. GEDTS is able to combine scores from all testing sessions for a Bureau GED candidate to make arrangements for issuing appropriate GED score reports and credentials when the candidate passes the GED tests.

Currently, a number of states offer other high school equivalency credentials and there are some other vendors who offer alternative high school equivalency credentials.

However, GEDTS is the only GED test and credential provider thereby the only source able to provide service to the Bureau to comply with 28 CFR § 544.70.

Other vendors are unable to provide GED test and services to meet the Bureau's need and comply with policy and regulations.

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There is no authorized vendor source that can provide the agency with GED test or a test equivalent that can be combined with current test scores to provide inmates with a high school equivalency credential.

GEDTS is the sole owner and sole source of the GED test used for evaluating individual's qualification for a high school equivalency credential. Furthermore, GED and GEDTS are registered trademarks owned by the American Council on Education (ACE), exclusive licensed to GEDTS.

6. A description of efforts made to ensure maximum competition In accordance with FAR Subpart 5.2, a notice will be published at the Government point of entry, on the Federal Business Opportunities (FBO) website: www.fbo.gov.

7. Contracting Officer's Determination that the cost to the government will be fair and reasonable - The Contracting Officer examined historical data, commercial catalog pricing, and previously paid prices of similar purchases of this type, as well as the Independent Government Estimate. Based on the information stated above, the Contracting Officer anticipates the price to be fair and reasonable.

8. Description of the market survey conducted -

Market research was conducted through General Services Administration (GSA), Small Business Administration (SBA), System for Award Management (SAM) , and commercial market avenues in an effort to obtain competition for this acquisition.

The results of the market research have determined that GED Testing Supplies and Services are not available in the commercial market place, SAM, GSA, and SBA. These results were obtained via telephone and searching SAM database, GSA database, SBA database, and other internet search engines to determine who is able to provide GED Testing Supplies and Services or similar services in the commercial marketplace.

In addition, the Bureau called U.S. Department of Education to determine if there are other sources of GED test used for awarding high school equivalency credential that is recognized by number of states, territories, and foreign countries and was informed on June 24, 2015 by U.S. Department of Education representative that high school equivalency credential and GED

Page 4 of7 test is administered at the state level and owned by GEDTS and ACE. Since high school equivalency credential and GED test is administered at the state level, the Bureau contacted Nebraska Department of Education, Minnesota Department of Education, District of Columbia State Education Agency, and Texas Education Agency to confirm if there are other sources of GED test used for awarding high school equivalency, and was determined that that GEDTS is the only source of GED test used for awarding their high school equivalency credential.

9. Other factors- The Bureau is required by policy to offer GED programs to inmates without a verified high school diploma or GED. Specific literacy/GED program policies and procedures are required by Bureau's Program Statement (P. S) 5350.28, Literacy Program (GED Standard), dated 12/01/03, and P. S. 5310.15, Minimum Standards for Interpretation, Administration, and use of Educational Test, dated 09/10/96.

10. List of Interested Sources - General Educational Development Testing Service 5601 Green Valley DR Bloomington, Minnesota 55437-1099 Phone: (952)681-37541155

11. Statement of actions to promote future competition - The Bureau plans to provide notice of the proposed contract action on FBO of our intention to solicit and negotiate with one only source. Any vendors, who express interest and have the ability to perform, will be thoroughly reviewed. If it is determined that other vendor (s) are capable of performing, this requirement will be pursued using competitive procedures.

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Coa~ M~£.ou-• • ~iaat:ioa -l benby certify thia t.Tuat.ificetion for Other than FUll and Open ~titiOD ia made in good faith and the supporting data and information are accurate and ~lete to the beat of my Jmowledge and belief.

LAURENCE Olgltally~bpi.AIJilfNafAYTAR£M DttOoUS.o-U.S. Gowmmenr. ~of llllb -aQII, cn-tAUIIEHCI! FAYTAAEH, FAVIA BEN O.t.ZW.IP200.JOO.IOO.I.I•IS00100JIU1061

I flete lOJSM ?' 1tltU :1lf•gr 'LauJ:eDce J'ayt:anD, Contract Speciali.t:

IfatiOD&l Ac:quiaitiou Section

'hlohnhsal ~i.c:l&ti.oa. •

06/25/2015 Date

I c:utity that the supporting data under my cognizance wbieb verifiea the Oovernment '• requir-.uta inelucled iD th.b juatifioatioa are accurate and COIIIplete to the beat of my Jmowledge and belief.

0\glta\ty slgned by EUZAB'ETH 'TUlWfltR Date: 201 5.06.25 12:54:50 -04'00'

Bliabeth TUtwyler, Bducatioa Spec:ialiat Date Education Branch

1 •• Cola~- I cctify that tbe above juatifie&tion ia accurate and complete to the beat of my k:nowledge and belief.

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Ql <J.-\l0u '1! L. '!! c:LcM Cherine s. Scott

Chief, .klquiaitiona Branch

Ala:A •• aotach Aaaociate General Counael Office of General eoun.el

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~ew D. Nace ~ Procurement Bxecutive

Approved by:

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L'J i U.J/ () 2 Cta 4J tc· J-~-lfl Denise M. Class Date senior Deputy Assistant Director/Competition Advocate

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