TPC Sole Source JOFOC_SANITIZED.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR) 6.302-1 (a) (1) and 6.302-1 (b) (1), and the Bureau of Prisons Acquisition Policy (BPAP) 6.304 (a), the Federal Bureau of Prisons (BOP) has determined that the procurement of education programs for the Federal Correctional Complex (FCC) located in Victorville, California meets the criteria established for other than full and open competition. It is further determined that only one responsible source and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Correctional Complex 13777 Air Expressway Blvd.

Victorville, CA 92394

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of education programs books with tests to the Federal Correctional Complex located in Victorville, California, from the sole provider of such products.

3. Description of Supplies or Services Required to Meet the Agency Needs:

First Step Act programs used at FCC Victorville, CA. The products will be procured by way of purchase order. The estimated cost for these parts is

4. Statutory Authority Permitting Other Than Full and Open Competition:

41 U.S.C. 253 (c) (1) and FAR 6.302-1 (b) (1) (i) When acquiring unique supplies available from only one source or only one supplier with unique capabilities which are the only means to meet the agency’s minimum needs justification for other than full and open competition is present.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

TPC Training are the sole source certified for the required education programs that is being used at FCC Victorville. The company has not authorized any other entity to publish or sell their products in use at the complex. Based upon these facts the products of this acquisition qualify as unique supplies only supplied by a sole source under FAR 6.302-1 (b) (1) (i).

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6. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

TPC Training has provided sufficient data to the contracting officer, pursuant to FAR 15.402, Pricing Policy, allowing him to make a preliminary determination that such anticipated costs appear to be fair and reasonable. They have provided quotes for their items which are under the normal open market costs for the items present on their website and as such the price quoted appears to be fair and reasonable.

7. Description of the Market Survey Conducted:

The contracting officer and cost center manager have conducted searches for products that meet the specifications provided through GSA Advantage and other market resources to include internet searches of companies. No providers of the required literature were found.

8. Other Facts Supporting the Use of Other Than Full and Open Competition:

A statement of Requirements suitable for full and open competition was developed for the acquisition of the required literature. A statement was received from TPC Training stating that they have not authorized any other vendor to sell their products.

9. List of Sources, Expressing in Writing, Interest in the Acquisition:

TPC Training has provided a memorandum and quote for the items needed expressing interest in providing the required literature.

10. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

FCC Victorville will continue to monitor the market in regards to the required literature to determine if any other vendors are offering the items.

11. Contracting Officer’s Certification:

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

Submitted by: