JUSTIFICATION AND APPROVAL (J&A)FOR OTHER THAN FULL AND OPEN COMPETITION
1.
The Department of State (DoS) Office of Acquisition Management (A/LM/AQM) isconducting this acquisition for digital electronic reading devices (“e-Readers”) onbehalf of the Office of the Under Secretary for Public Diplomacy and Public Affairs(R).
2.
Nature and/or description of the action being approved
: New single-award indefinite-delivery indefinite-quantity contract for, for a base year and four (4) one-year options, ona sole-source basis to
 Amazon
.3.
A description of the supplies or services required to meet the Department’s needs:
The DoS has an ongoing, repetitive requirement for e-Readers and content meetingcertain key specifications, including an immediate need for approximately 2,500 e-Readers and 50 titles of content. The DoS has identified the Amazon Kindle as the onlye-Reader on the market that meets the Government’s needs, and Amazon as the onlycompany possessing the essential capabilities required by the Government, as identified below.The Government’s essential requirements include:
 
Central Management System:
 
The DoS requires a secure, centrally managed contentdistribution and management platform to centrally manage an unlimited number of e-reader/tablet devices. The platform must also be able to perform centralized content purchases, management and dissemination for any number of or subset of Departmentof State devices (e.g., Apple iOS, Android, Amazon Kindle, RIM Blackberry, PC, andMAC) deployed around the world.e-Reader Device:
 
The DoS requires an e-Reader device that provides at least a 6"diagonal E Ink display, optimized with proprietary waveform and font technology, 600x 800 pixel resolution at 167 ppi, 16-level gray scale. The device must hold up to1,400 books or have at least 2GB of internal memory. The device must be accessibleto public and private Wi-Fi networks or hotspots that use the 802.11b, 802.11g, or 802.11n standard with support for WEP, WPA and WPA2 security using passwordauthentication or Wi-Fi Protected Setup (WPS); and does not connect to WPA andWPA2 secured networks using 802.1X authentication methods; and does not supportconnecting to ad-hoc (or peer-to-peer) Wi-Fi networks. The device must include afront light feature. The e-Reader may also have video and audio capabilities. All audioand video files, both USG-produced and 3
rd
party materials, must be downloadable tothe e-Reader device located in the United States and overseas.International 3G Services: The DoS requires an e-reader device that can access anddownload content via 3G (cellular network) and Wi-Fi connections. Cellular connectivity must conform to the GSM mobile wireless standard. Costs associatedwith downloading content either via 3G or Wi-Fi must be not separately priced (NSP).International services are required because the devices will be deployed worldwide inAmerican Spaces including libraries, cultural centers, reading rooms and other 
 
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 partnership institutions such as Bi-National Centers as well as being used as a tool for the Department’s English Acce
ss
Microscholarship Program (ACCESS).
 
Text to Speech:
 
The e-reader will be used as a classroom tool for English language programs globally. The e-reader must have text to speech capability in English so thatEnglish language students are able to listen to content on the e-reader. A Voice Guidefeature for menus and book listings and support for audio books is preferred since thisfeature will assist not only English language students, but also those visitors to theAmerican spaces who want to practice their English.Battery Life:
 
The e-reader will be used in locations where access to reliable power sources is unavailable or limited. Therefore, an extended battery life is paramount. Thee-reader must have a battery life no less than approximately 8 hours of continuousreading or approximately 7.5 hours of video playback.Portability:
 
The e-Reader must be light, compact, portable, and durable withreinforced screens. Preferred specifications: weight equal to or less than 15 ounces,and approximate dimensions of 8
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Due to worldwide distribution and being handled by multiple users in the American Spaces, portability and durability areessential.Dictionary:
 
As an English-language instruction tool, the e-Reader must have a built-inand integrated English language dictionary.Foreign Languages:
 
The e-Reader must support the display of foreign language scriptand texts since USG content that is a part of the project must be able to be displayed.File Formats:
 
e-Readers will be loaded with third party content as well as DoS published materials. Existing DoS content can be found in the following file formats:PDF, TXT, MOBI, PRC, HTML, DOC(X), JPEG, PNG, GIF, and BMP. The e-Reader must support the display of these file formats.Sharing:
 
To reduce content procurement costs, the e-reader must provide book sharingacross multiple devices not separately priced.Content:
 
The DoS requires a public-facing, online bookstore of third party content.The Contractor must provide an exclusive, private document repository from whichthe DoS can distribute USG public domain material. When third party content providers have granted the Contractor the right to distribute their content at a specific price to the DoS, the Contractor shall distribute that content, at prices including saiddiscount, to e-Readers designated by the DoS.Adjustable Font Size:
 
Large font size must be available to meet user needs.e-Reader updates:
 
The Contractor shall be responsible for upgrading and phasing inupdated versions of the e-Reader product at least every two years so that thetechnology stays up to date for users.Help-Desk:
 
The Contractor must be able to provide a dedicated 24/7 help desk tosupport inquires from the DoS and its partners.Warranty:
 
The Contractor must include at least a two-year warranty for the e-Reader device, to provide replacement for any device failures, coverage against accidentaldamage, and the warranty must include free shipping both ways, for the damaged andreplacement device.Disable Features: The Contractor must be able to disable certain standard features for the e-Reader.
 
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International Power Adapters:
 
The e-reader must be shipped with appropriatecountry/region-specific power adapter. Evaluation and Metrics:
 
The Contractor must provide data on how content is accessedon the e-reader. The information will include content accessed, content not accessed,length of time that content is viewed, e-reader features used and content downloaded.The Contractor must provide support in the installation and use of user surveys,whether they are proprietary or third party. The Contractor will advise on theappropriate format and timing of surveys. The format for reporting will be developedwith and approved by the DoS but will include reporting by country and e-reader serialnumber.
 
Shipping: The Contractor is responsible for labeling, configuring, and shipping thedevices to the locations identified by the DoS with the requested content incoordination with the Office of the Under Secretary for Public Diplomacy and PublicAffairs. The DoS will provide separate shipping addresses and points of contact. TheContractor is responsible for all aspects of shipping the devices via commercialcouriers (e.g., FedEx, DHL, UPS, airline cargo etc.) All special shipping instructions provided by the DoS must be followed exactly to avoid customs delays and fees. Toensure efficient receipt, the Contractor must supply all Airway Bills, tracking numbersand commercial invoices to the DoS’ Bureau of International Information Programswithin one business day of shipping.4.
An identification of the statutory authority permitting other than full and opencompetition:
41 U.S.C. 253(c) (1) and FAR 6.302-1: only one responsible source and noother supplies or services will satisfy agency requirements.
 
5.
A demonstration that the proposed contractor’s unique qualifications or the natureof the acquisition requires use of the authority cited:
As documented by the marketresearch described below, the Amazon Kindle is the only e-Reader device on the marketthat can provide text to speech capability, extended battery life, and international power adapters required by the DoS, as described above, which precludes consideration of allother brands. Furthermore, although there are commercial resellers of the Kindle,Amazon is the only provider of the Kindle who, as the patent and trade-secret holder andmanufacturer of the devices, can meet the DoS’ requirements for a centrally managedregistration and content distribution platform, enforced disabling of device features, andthe bulk registration of new devices.6.
A description of efforts made to ensure that offers are solicited from as manypotential sources as is practicable:
A sole source award synopsis will be publicized onFedBizOpps as required by FAR Subpart 5.2, and any proposals or capability statementswill be considered in accordance with FAR 6.302-1(d)(2).7.
A determination by the Contracting Officer that the anticipated cost to theGovernment will be fair and reasonable:
Prior to making contract award under thisacquisition, the Contracting Officer shall evaluate the sole source proposal received, inaccordance with FAR Subpart 15.4, as applicable, and make a fair and reasonable price
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