WG320003 - JOFOC - SAMGOV - SCS.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Pursuant to the Federal Acquisition Regulation (FAR), Part 6.302-1 (a)(l ), 6.302-1 (a) (2), and the Bureau of Prisons Acquisition Policy, Subpart, 6.304(a), the Federal Bureau of Prisons has determined the use of Other Than Full and Open Competitive procedures is justified for this procurement action in accordance with FAR Subpart 6.3 .3-2 (Content).

1. Agency:

Department of Justice Bureau of Prisons Federal Correcticmal Complex (FCC Yazoo City) Yazoo City, Mississippi 39194

2. Nature and/or Description of Action Being Taken:

FCC Yazoo City's Education Department has a requirement for Various Exam Books, DVDs, Answer Sheets (ManageFirst) for their Culinary Arts Program under the First Step Act Programing. Pearson Education, Inc., is the sole source provider and supplier of the requested Exam books, DVDs, and Answer Sheets (ManageFirst). Pearson Education provides the ManageFirst exams and answer sheets that are utilized by various Culinary Arts training programs, employees and/or contractors. These training DVDs, exam books, and answer sheets will be utilized in the Education department at FCC Yazoo City. In addition, these training DVDs, exam books, and answer sheets are tailored to the content that ~CC Yazoo City's Education Department will be teaching. Pearson Education' s training DVDs, exam books, and answer sheets are designed to teach and prepare inmates on having a successful trade in Culinary Arts after being released into the community to find jobs. It has been determined that this type of procurement is available from only, one responsible source. TPC Training Systems is the only authorized, approved source for this requirement.

3. Description of supplies or services required to meet the agency's needs:

Exam books, D\fDs, Answer Sheets (ManageFirst) for their Culinary Arts Educational Program under the First Step Act Programing. - Total Amount $24,783.10

This sole source provider has the training Exam books, DVDs, and Answer Sheets (ManageFirst) designed to teach and prepare inmates on having a successful trade in Culinary Arts after being released into the community to find jobs.

4. Statutory Authority permitting other than full and open competition:

41 U.S.C. 253 (q) (1) OR 10 U.S.C. 2304 (c) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

S. Determination that the nature of the acquisition requires use of the authority cited:

The Supervisory of Education (SOE) has determined that Pearson Education is the only responsible source that can meet the needs of the agency and provide inmates with the competency to teach and prepare inmates on having a successful trade in Culinary Arts after being released from prison and back into the community to find jobs. Pearson Education is the sole source provider and supplier of the requested training exam books, DVDs, and answer sheets (ManageFirst). These training exam books, DVDs, and answer sheets (ManageFirst) will be utilized in the Education department at FCC Yazoo City. In addition, these training exam books, DVDs, and answer sheets (ManageFirst) are tailored to the content that FCC Yazoo City's Education Department will be teaching.

Pearson Education, Inc., offers the required training for achievement, aptitude, and other measures. It is in the best interest of the government to procure this requirement from Pearson Education. In an effort to maintain the integrity of the equipment and preclude the institution from experiencing unauthorized and non-responsible vendors, it is determined that Pearson Education, Inc. is the only responsible source that can satisfy the agency's requirement, provide approved products and services within the agency' s local geographical area, and accommodate the needs of the institution/complex in a timely and reasonable manner.

6. Efforts made to solicit from as many potential sources as practical, including whether a notice was or will be publicized:

A search was conducted on GSA Schedule E-Library and the internet. However, Pearson Education, Inc., is the only sole source supplier for the training exam books, DVDs, and answer sheets (ManageFirst) that will be utilized in the Education department for their Culinary Arts Program at FCC Yazoo City. Other vendor products did not meet the requirements and/or approval of the Education Department.

7. Contracting Officer Determination that the cost to the Government will be fair and reasonable:

The contracting officer determined that the anticipated cost to the government is fair and reasonable. The price being offered by the vendor is considered to be fair and reasonable, because it coincides with the prevailing rates offered in the open market/community.

8. Description of the Market Research Conducted:

A market survey was not conducted.

9. Other facts supporting the use of other than full and open competition:

This procurement for training exam books, DVDs, and answer sheets (ManageFirst) are needed to teach and provide inmates with the competency to teach and prepare inmates on having a successful trade in Culinary Arts after being released from prison and back into the community to find jobs.

10. List of sources expressing in writing interest in the acquisition:

None

11. Action taken, if any, to remove or overcome any barriers to competition:

The Contracting Officer has determined that this type of procurement is rare and limited due to Pearson Education, Inc.,being the only, responsible sole source provider/supplier in our region to provide access to the purchasing of the approved textbooks, exam books, DVDs, and answer sheets (ManageFirst) that will be utilized in the Education department at FCC Yazoo City. Market research will continue to be conducted to ascertain the availability of other sources for competition for future acquisitions.

12. Certifications and approvals:

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

Requested by:

Kecha S. Goston, Contract Specialist Date