J ABerenstainBears.doc

Control No. L-44-23.

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) 2.

Description of Action:

Nature: FORMCHECKBOX New Requirement FORMCHECKBOX Follow-on Requirement

FORMCHECKBOX

Mod to Existing Purchase Order/Contract Number

Pricing: FORMCHECKBOX Firm-Fixed Price FORMCHECKBOX Time & Materials FORMCHECKBOX Cost Funds: FORMCHECKBOX

OMA

FORMCHECKBOX

Other Funds: FAP OSD

3.

Description of Services or Supplies: The total estimated value of the proposed action is $ 50,000.00: 25,000.00. First Year with 1 year option: 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 4, 2014: 1800-2000; and Saturday; April 5, 2014: 1000-1200, 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):

FORMCHECKBOX

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

FORMCHECKBOX

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

FORMCHECKBOX

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

FORMCHECKBOX

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 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 FY14 Narrative Funding Guidance, 25 November 2013, page.97, f1: “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.” FY14 Narrative Funding Guidance, page 97, f3: “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 services.

b.

Berenstain Bears. The Berenstain Bears Live Musical meets the above criteria for FAP OSD funding discussed in above justification A. The Berenstain Bears demonstrate commitment to Families across America by serving as “Spokesbears” for Prevention of Child Abuse America. The partnership with Prevention of Child Abuse America and DOD provides prevention and awareness of child abuse and neglect. The Berenstain Bears Live is 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 which decrease the chances of child abuse and neglect from occurring. No other provider can provide the education on prevention of child abuse in a musical play with the Berenstain Bears as characters. 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.

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 contract is attached between Matt Murphy Productions and Army Community Service for 2 performances on 4 and 5 April 2014 per previously established protocol when purchasing services/training with FAP OSD funds.

6. Market Research:

a.

THE BERENSTAIN BEARS LIVE is a copyright production. 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 b.

In 2007, the Berenstain Bears became the "spokesbears" for Prevent Child Abuse America. Said PCA America President and CEO Jim Hmurovich: "This is a great example of a socially conscious and child focused business taking a stand on an issue that has great consequences for all of us. This helps us begin having a more honest conversation about how each of us has a role to prevent the abuse and neglect of our nation's children."

c.

The Berenstain s was approached by former U.S. Surgeon General C. Everett Koop, who asked them to write an anti-smoking book for children. They declined, but the idea did lead to a 1988 book about peer pressure, The Berenstain Bears and the Double Dare. In 1997, they published The Berenstain Bear Scouts and the Sinister Smoke Ring.

d.

There is no other production company that can use the copyright, Berenstain Bears to bring a play to Fort Leavenworth that can focus on morality, healthy families, and behaviors identified as high risk behaviors which increase the risk of child abuse.

Sources sough, Solicitation # 0010473954 Sources Sought was part of the Market Research, it was posted from 20 March 2014 to 24 March, 2014 on FBO. There were no responses to the solicitation.

7.

Procurement History:

Previous Purchase Order(s) or Contract(s): FORMCHECKBOX Yes FORMCHECKBOX No 2013-03-01-095733

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

Purchase order or contract number:

Berenstain Bears Live Event 19 and 20 April 2013 Was action competed?

FORMCHECKBOX

Yes FORMCHECKBOX 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.

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.

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.

SIGNATURE:

DATE:

NAME:

CHRISTY M. HERBIG

TITLE:

Procuring Contracting Officer

-4-