Sole Source Justification LDB.docx
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- Attached to
- Sole Source Notice - Lockdown Browser
- Solicitation number
- HE1254-22-Q-0029
- Issued by
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Department of Defense Education Activity
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| File | Type | Posted |
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| Lockdown-PWS Sole Source Notice.docx | DOCX document |
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DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
Non-Competitive Memorandum for Actions Under the SAT IAW FAR 13.106-1(b)(1)
Lockdown Browser for Schoology
| 1. | Contracting Agency: Department of Defense Education Activity (DoDEA), Procurement Division |
| 2. | Description of Action: A sole source firm fixed price (FFP) contract is planned to be awarded to Respondus, Inc. (CAGE code 4FUK4) with a total estimated value of $47,752.00. The period of performance is a 12-month base year and four 12-month option years. FAR Clause 52.217-8 (Option to Extend Services) will be included in the contract with a six-month potential time period and a potential estimated value of $5,515.00. Base year and all options will be evaluated. FY22 Operating and Maintenance (O&M) funds are available for the base year in the estimated amount of $8,642.00. |
| 3. | Description of Services Required to Meet Agency Needs: DoDEA requires a lockdown browser and related support that is compatible with DoDEA’s current learning management system (LMS) for one (1) base year and four (4) option years. |
| 4. | Authority: 41 U.S.C.3304(a)(1), as implemented by FAR 13.106-1(b)(1), Soliciting from a Single Source. |
| 5. | Demonstration of Contractor’s Unique Qualifications: |
Upon the basis of the following justification, the Contracting Officer approves this justification for the proposed contract action pursuant to the authority cited above because Respondus Inc. is the only entity capable of providing the required gifted aptitude assessment.
Background: DoDEA awarded HE1254-15-P-0011 to Respondus, Inc., using a sole source acquisition strategy. Due to a protest over the re-competition for DoDEA’s learning management system (LMS), DoDEA had to continue to use Schoology until the protest was resolved. To accommodate the lockdown browser requirement for Schoology, a two-year contract, HE1254-20-P-0008, was awarded to Respondus for FY20 and FY21. Schoology was awarded a 10-year contract, so a lockdown browser is still required until 2031.
Rationale: Based on market research (below), Respondus is the sole distributor of the Respondus Lockdown Browser Campus-Wide License. It is the only lockdown browser that integrates with Schoology’s Learning Tools Interoperability (LTI) function. No other lockdown browser on the market has this capability. Based on the rationale above, the Contracting Officer has made the determination to issue a sole source solicitation to as the only entity that can provide the required educational services Therefore, the Contracting Officer has made the determination to issue a sole source solicitation to Respondus, Inc. — the only entity that can provide the required software application and support.
| 6. | Efforts to Obtain Competition: A notice of the proposed contract action as a sole source procurement will be synopsized and posted in SAM.gov for a period of ten (10) days as required by FAR 5.201. Based on the information in paragraph #5, competition for this action is not feasible. |
| 7. | Fair and Reasonable Cost Determination: The Contracting Officer has determined the anticipated costs will be fair and reasonable based on the information provided herein |
| 8. | Market Research |
| Incumbent: Respondus, Inc., Redmond, WA. Damon Shearer, POC, dshearer@respondus.com, 425-497-0389 x127 - CAGE code 4FUK4 - Small business, per SAM.gov for NAICS code 511210 (Software Publishers). |
An internet search using “Lockdown Browsers – LTI function” yielded one result, Respondus. In a search using “Lockdown Browser,” most of the links again related to Respondus. However, one link was to the Chrome Web Store which offers a Respondus lockdown browser designed for Chromebooks. An article referenced Proctor U, Proctorio, and Examity, which are lockdown browsers for students taking tests; they require students to record themselves during the test and also require a 360-degree view of the room in which they are taking the test. None can integrate with Schoology. Regarding the three companies referenced above, the source of that information is the following URL: http://cuatower.com/2021/03/lockdown-browsers-protecting-integrity-or-invading-privacy/.
The three bulleted companies (below) were in the 2015 and 2021 market research, and their information has been updated:
· Analytical Design Solutions, Inc. (dba KioWare), York, PA. James Kruper, Government POC, 717-843-4790 - jkruper@kioware.com - CAGE code 37GA6 - Small business, per SAM.gov for NAICS codes 511210 and 54511 (Custom Computer Programming Services) - Secures a desktop computer or mobile device so that it can operate as a self-service kiosk. It cannot meet DoDEA’s requirement because it cannot integrate with Schoology.
· Provisio, LLC, Miami, FL. Sales, 800-916-7422 - sales-america@provisio.com - CAGE code 5QE38 - Small business, per SAM.gov for NAICS code 511210 - Specializes in computer design services and cannot integrate with Schoology.
· Software Secure, Inc. of Newton Upper Falls, MA. Not registered on SAM.gov. The company, which was listed in the previous market research reports, has permanently closed.
Using the Federal Procurement Data System (FPDS) and Dynamic Small Business Search (DSBS) for NAICS code 511210, Software Publishers—the code used for the current contract—and the keywords, lockdown and lockdown browser, yielded the following results:
DSBS: Under lockdown browser, there were no results. Under lockdown there were the following three results: White Cloud Security, Inc. whose lockdown browser protect servers and does not meet our requirements; Analytical Design Solutions, Inc., which cannot meet our requirements, per Potential Sources; and Bluefletch, LLC, which provides advanced enterprise grade security for Employee Android devises and cannot meet our requirements.
FPDS: Under both lockdown and lockdown browser, there was one result, the incumbent, Respondus, which had contracts with several other federal agencies, including DoDEA.
| 9. | Other Facts: None |
| 10. | Interested Sources: There are no interested sources, and none are anticipated. Any interested sources that result from the synopsis of this action posted in SAM.gov will be considered. |
| 11. | Effort to Remove Barriers to Increase Competition: The required lockdown browser is required until 2031, when DoDEA’s LMS will be competed again. In 2027 when this contract expires, DoDEA will conduct market research to determine if it can be competed or if it remains a sole source requirement. |
DoDEA Gifted Education Aptitude Assessment
CERTIFICATION
Technical Certification: I certify that the supporting data under my cognizance and which are included in the justification are accurate and complete to the best of my knowledge and belief.
Digital Signature/Date: ______________________________________________________________ Eddie Hackler, Contracting Officer’s Representative
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: I certify that the justification is accurate and complete to the best of my knowledge and belief, and hereby determine the anticipated costs to the Government for this requirement will be fair and reasonable.
Digital Signature/Date: ______________________________________________________________ Alim Koroma, Contracting Officer, Procurement
FAR Part 13.5 Justification for Other than Full and Open Competition Source Selection Information - See FAR 2.101 & 3.104 - Controlled Unclassified Information
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