Sole_Source_BerenstainBearsNew_20160307_redacted.pdf

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(Actions NTE $650K for other than Simplified Acquisition Procedures)

1. Agency/Contracting Activity: Family Advocacy Program (FAP), Army Community Service (ACS) / MICC Fort Leavenworth, KS

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds: FAP OSD

Name of Proposed Contractor(s): Berenstain Bears Live Street Address: Matt Murphy Productions, LLC City, State, Zip: 306 W. 38th Street, Suite 1501 Phone: New York, NY 10018

3. Description of Services or Supplies: The total estimated value of the proposed action is $75,000.00. Base year and $25,000. 1st Option year: $25,000 and Second Option year $25,000.

The Federal tax ID: is 27-21532477

THE BERENSTAIN BEARS LIVE! Adapted from the classic children's book series by Stan and Jan Berenstain, THE BERENSTAIN BEARS LIVE! In Family Matters, the Musical brings everyone's favorite bear family to life in a thrilling theatrical experience. An innovative decision by the Berenstain Bears to use their popularity to highlight the type of parenting, activities and lessons that promote healthy, stable and stimulating environments that decrease the chances of child abuse and neglect from occurring. THE BERENSTAIN BEARS LIVE and Producer agree to provide the theatrical touring company of the BERENSTAIN BEARS LIVE! In Ft Leavenworth, KS for the following performances; Friday: April 1, 2016: 1800-2000; and Saturday; April 2, 2016: 1000- 1200, at the Eisenhower Auditorium located at Lewis and Clark Building, Command and General Staff College, 100 Stimson Ave, Fort Leavenworth, KS.

e. OPTIONS: Two option years: option year 1, option year two pending OSD funding

THE BERENSTAIN BEARS LIVE! Adapted from the classic children's book series by Stan and Jan Berenstain, THE BERENSTAIN BEARS LIVE! In Family Matters, the Musical brings everyone's favorite bear family to life in a thrilling theatrical experience. An innovative decision by The Berenstain Bears to use their popularity to highlight the type of parenting, activities and lessons that promote healthy, stable and stimulating environments that decrease the chances of child abuse and neglect from occurring. THE BERENSTAIN BEARS LIVE and Producer agree to provide the theatrical touring company of the BERENSTAIN BEARS LIVE! In Ft Leavenworth, KS for the following performances; 1st option year: Friday: March 31, 2017; 1800-2000; and Saturday; April 1, 2017: 1000-1200, at the Eisenhower Auditorium located at Lewis and Clark Building, Command and General Staff College, 100 Stimson Ave, Fort Leavenworth, KS. The 2nd option year will be 6

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April 2018; 1000-1200 and 7 April 2018; 1800-2000 at the Eisenhower Auditorium located at Lewis and Clark Building, Command and General Staff College, 100 Stimson Ave, Fort Leavenworth, KS.

4. Authority:

Actions other than simplified acquisition procedures (select one):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c) (1)

FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c) (2)

FAR 6.302-5: Authorized or Required by Statute, 10 USC 2304(c) (5)

Other: __<insert appropriate authority here

5. Reasons for Authority Cited: 5. Reasons for Authority Cited:

a. Justification.

(1) The FAP mission is to promote the prevention, awareness, early identification, reporting and treatment of child abuse/neglect and domestic violence; strengthening Family functioning in a manner that increases competency and self-sufficiency of Military Families;

preserve Families in which abuse has occurred without compromising the health, welfare and safety of the victims; collaborate with state and local Civilian social service agencies; and provide effective treatment for all Family members when appropriate.

(2) DOD 6400. In 1984, Department of Defense (DOD) Directive 6400.1 established FAP to address Family violence in Military Families. The FAP consists of coordinated efforts designed to prevent, identify, report and treat all aspects of child abuse and neglect and domestic violence.

The DOD FAP recommends policy and program guidance to assist the Military Service FAPs, which are available locally at installations with command-sponsored Families. The Service FAPs have a major role in addressing Family violence at the local level through outreach, prevention and intervention efforts. Because abuse can take many forms and some forms of abuse can be much more severe than other forms, FAP provides a wide range of services geared towards the specific needs of Families. The FAP staff works closely and collaboratively with military command, military law enforcement personnel, medical staff, Family center personnel and chaplains, as well as Civilian organizations and agencies, to prevent Family violence and help troops and Families develop healthier relationships.

(3) Army Regulation (AR) 608-18, The Army Family Advocacy Program, RAR 13 September 2011. In accordance with AR 608-18, 3–1a, “Army installations will provide services designed to prevent spouse and child abuse by improving Family functioning, easing the kinds of stress that can aggravate or trigger patterns of abusive behavior, and creating a community that is supportive of Families. The prevention program is designed to create community and command awareness of abuse, provide information of existing services, and provide specific educational programs.” Per AR 608-18, 3-1c(1), “A blend of prevention activities and programs (primary, secondary, and tertiary) offered in a variety of formats is the most effective way to address the prevention and reduction of Family violence. Primary prevention is community-based, promotes

-3-wellness for everyone, and commits resources to enhance healthy individual, couple, and Family functioning. Everyone can contribute to, and benefit from, primary prevention activities. Primary prevention creates a climate of awareness that encourages voluntary participation.” 3–2a “Community education program. The purpose is to promote community support and encourage early referral. Minimum requirements for community education are monthly media contacts;

participation in all appropriate special military community and unit events (for example, health fairs and organization days); and participation in special theme events (for example, Child Abuse Prevention Month, Month of the Military Child and Domestic Violence Month.”

(4) The ACS Family Advocacy Accreditation standard level 42004.3 as documented on DA 7419, October 2004 and Common Level of Support, Section 10 and non-compliance with DOD 6400 number 1 on the Common Level of Support as a "must fund" mission essential function.

Functions provided are mandated by PL101-647, PL 97-292, PL 98-457, PL 100-294, PL 103-337, DoDD 1342.17, DoDI 1030.2, DoDI 1342.22, DoDD 6400.11.21.3, and DoDD 1402.5.

(5) The IMCOM FY16 Narrative Funding Guidance, 21 September 2015): “The objectives of the FAP are to prevent domestic violence and child abuse/neglect, to encourage reporting of all instances of maltreatment to ensure the prompt assessment and investigation of all such cases, to protect victims and to treat all Family members and Soldiers affected by or involved in cases of abuse or neglect. The FAP receives direct OSD funding to augment the OMA funds provided by the Army, to ensure critical prevention and appropriate intervention services are adequately funded.

OSD funding allows garrisons to tailor services to meet installation unique requirements, consistent with Congressional intent and empowers commanders at all levels to meet program needs.” FY16 Narrative Funding Guidance, page 95-96.E. 3): “FAP OSD funds may only be used to support the following: a) Activities and personnel directly related to the prevention of child and spouse/intimate partner abuse and those activities promoting early identification and reporting of suspected child and spousal abuse and treatment service. b) Parent education programs and activities that address Family stressors arising from the military mission such as relocation, intermittent single parenting due to deployment, reunion, and children’s fear of parental involvement in warfare. E 5: FAP funds are authorized for the purchase of promotional items for special events such as conference, workshops and domestic violence and child abuse prevention campaign months in support of the FAP prevention and treatment activities.

b. The Matt Murphy Production of The Berenstain Bears Live Musical meets the above criteria for FAP OSD funding discussed in above justification A. It is a theatrical touring company of an off Broadway play using recognizable characters using music and dance by classic children characters.

The Bears illustrate the type of parenting, activities and lessons that promote healthy, stable and stimulating environments that reduce the risk of child abuse and neglect. The creators of the Berenstain Bears had a fundamental knowledge of child abuse issues to include: stranger danger, bullying, lying, school attendance, friendship, hitting, family rules, healthy family habits, parenting, discipline, working hard and family love. Their legacy is being continued by their son. The Berenstain Bears estate continues to provide their copy right to Child Abuse America. The partnership with Prevention of Child Abuse America and DOD provides prevention and awareness of child abuse and neglect using the Berenstain Bears copyright. The impact on FAP in obtaining referrals and meeting our mission is documented in our annual focus groups and surveys as being a positive method of mission completion. The production has increased the number of parents self-referring to FAP programs and services. Educating parents on healthy parenting, activities and lessons that promote healthy, stable and stimulating environments which decrease the risk of child abuse/neglect is not found in other venues. No other provider can provide the education on

-4-prevention of child abuse in a musical play with the Berenstain Bears. The Berenstain Bears copyright has been granted to Prevention of Child Abuse America and DOD to help in the prevention and awareness campaigns on child abuse and neglect starting in 2008 to present. This Program is the traditional highly anticipated kick off of the Fort Leavenworth FAP Child abuse prevention and awareness month. The Program provides the foundation for education, referrals to FAP services and a tool for parents to discuss safety, family rules, and family values with their children. This theme is the Fort Leavenworth branding of FAP prevention trainings, activities and awareness of child abuse prevention is embedded in the use of the theatrical play presented by the Berenstain Bears Live.

c. THE BERENSTAIN BEARS LIVE helps meet the FAP Mission of prevention of domestic and child abuse by improving Family functioning, easing the kinds of stress that can aggravate or trigger patterns of abusive behavior, creating a community that is supportive of Families and creating a climate of awareness of child abuse and FAP services.

d. A proposed invoice dated 19 November 2015 is attached between Matt Murphy Productions and Army Community Service for 2 performances on base year 1 and 2 April 2016; 1st option year 31 March 2017 and 1 April 2017; and 2nd Option year will be 6 April 2018; 1000-1200 and 7 April 2018; 1800-2000 at the Eisenhower Auditorium located at Lewis and Clark Building, Command and General Staff College, 100 Stimson Ave, Fort Leavenworth, KS.

6. Market Research:

a. Finding a theatrical program which could replace the Berenstain Bears production in meeting FAP’s mission has not been successful.

b. THE BERENSTAIN BEARS LIVE is a copyright production. The copyright is shared with Child Abuse America and DoD FAP. The Berenstain Bears is a series of children's books created by Stan and Jan Berenstain and continued by their son, Mike Berenstain. The books feature a family of anthropomorphic bears who generally learn a moral or safety related lesson in the course of each story.

c. The Berenstain Bears is the only theatrical off Broadway children’s program that uses music and dance by classic children characters focusing on healthy and safer family to life. The production educate children ages 1 to 10 and their parents/families on family values. The contractor must highlight the type of parenting, activities and lessons that promote healthy, stable, stimulating environments that decrease the chances of child abuse and neglect from occurring. The contractor must have knowledge of child abuse issues to include: stranger danger, bullying, lying, school attendance, friendship, hitting, family rules, healthy family habits, parenting, discipline, working hard and family love. This Program is the traditional highly anticipated kick off of child abuse prevention and awareness month on Fort Leavenworth. The Program provides the foundation for education, referrals to FAP services and a tool for parents to discuss safety, family rules, and family values with their children. This theme is the Fort Leavenworth branding of FAP prevention trainings, activities and awareness of child abuse prevention.

d. The Berenstain Bears has a knowledge of the Family Advocacy Program and Child Abuse America Initiatives.

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e. The Berenstain Bears production is fully rehearsed and directed and presented at Military Installations worldwide. The production has met and exceeded best practice for prevention and awareness of child abuse

f. The Berenstain Bears provides an interactive musical, dance performance play to highlight the type of family, community, activities and lessons that promote healthy, stable, stimulating families and communities that decrease the chances of child abuse/neglect.

g. This production meets FAP Accreditation Standards and all FAP/OSD funding guidelines.

7. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W91QF4-14-P-0028 Bears Was action competed? Yes No

8. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By:

Position Title (Division Chief or higher):

Email address:

X

8. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on comparison to previous acquisition.

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9. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

X

Christy M. Herbig Contracting Officer MICC Fort Leavenworth, KS

HERBIG.CHRISTY.

MARIE.11492425

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