08_JA_Graduate School USA.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Attachment M – J&A Guide & Template Version 2.6 Page 2

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (X)

Requisition Number: SHOP-PR-24-002755

Date: 7/1/2024

Estimated Contract Dollar Value: $XXXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Professional Services Acquisition Unit, has prepared this justification for other than full and open competition for the purchase of training services from the Graduate School USA (GSUSA) on behalf of the Resources Management and Credential Unit, Human Resources Division (HRD).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the intent of the PSAU, Finance Division to acquire a firm fixed price contract for $XXXX. This action represents a bridge contract, issued on a sole-source basis to GSUSA, with a 4-month period of performance. This bridge is necessary to provide mission essential training and allow time to award a competitive long-term (i.e., base plus options) contract which is anticipated for FY25.

3. A description of the supplies or services required to meet the agency’s needs.

The FBI HR Practitioner is required to take training courses geared toward human resourcing development that is strictly Federal focused and not commercial human resources oriented that cater to private companies. The FBI, particularly, has unique, positions and requirements for processing Federal personnel. The objective of the training is to be Federal policy and process focused following the updates set forth by the Office of Personnel Management (OPM). Apparently, the market research found that there are many companies that provide training under the NAICS code of 611430, that covers a myriad of topics, much of which cover security, budgeting, contracting, and project management, but do not go into the details of Federal human resource training. The requirement is for the following courses and topics:

• Federal Human Resources Management

• Federal Performance Management

• Project Management Essentials

• Using and Presenting Human Resources Data

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Attachment M – J&A Guide & Template Version 2.6 Page 3

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 (a)(2)(iii) entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The unique qualifications of Graduate School USA are based on information provided in the GSA Multiple Award Schedule listing of courses offered and accreditation. Graduate School USA unique capabilities and subject matter specialties directly addresses Federal performance audits regarding Federal personnel standards. Graduate School USA offer training credits that are Continuing Professional Education (CPE) requirements based upon the Generally accepted Government Audit Standards (GAGAS) that defined 24 Government Auditing CPE requirement (as well as the remaining 56 CPE of the 80 total required in a two-year period) that are National Association of State Boards Accountancy (NASBA) compliant. NASBA is an association serving 56 state boards of accountancy that regulate the accounting profession in the United States. Other commercial trainers who are not affiliated with NASBA, or any nationally recognized certification program, do not offer GAGAS registered and recognized courses like the Graduate School USA.

The Graduate School USA’s extensive cadre of courses are designed to cater primarily to Federal agencies in the National Capital Area (NCA) of Washington, D.C. They provide detailed instructions on current policies as part of their core training development. In addition, Graduate School USA has the most comprehensive listing of courses that are aligned with the Department of Defense (DoD) financial management certification requirements.

Per FAR 6.302-1(a)(2)(i)(C), the service requested does not resemble any pending competition acquisition. This is a new endeavor and acquisition.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This sole source justification and requirement will not be publicized in accordance with FAR 5.202 (a)(2).

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost associated with this bridge is $XXXX. The Contracting Officer will utilize techniques defined in FAR 15.404 to ensure fair and reasonable pricing is obtained by the Government.

8. A description of the market research conducted and the results.

The primary method of market research was to research GSA Advantage, Federal Supply Service (FSS) listing of registered vendors with the SIN code of 611430 (professional management development and training services). GSA.gov lists details of registered vendors such as the size of the company, the type of award they have with GSA, a company description and a catalogue of services with pricing. Technical capabilities and certifications are listed.

Many companies listed under GSA Advantage with the SIN code of 611430 cover many kinds of training modalities. Unfortunately, the most common modalities are security, contracting, and project management – the latest and most in demand topics for the training market.

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

The requested use of GSUSA is based on their history of offering training services primarily to Federal employees. Having a contract in place with GSUSA would allow for courses to take place directly after award, rather than waiting for courses to be developed that fully meet the requirements in the Statement of Work.

10. A listing of any sources that expressed a written interest in the acquisition.

Since the procurement was not advertised, no other companies have expressed an interest either orally or in writing.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

For this acquisition, no issuance of solicitation has been issued. If more vendors provided training services that specialized in Federal human resourcing and Federal personnel management, then a reasonable open competition would be encouraged. It is the intent of

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Attachment M – J&A Guide & Template Version 2.6 Page 5 the Federal Bureau of Investigation to conduct market research in order to use fair and open competition in the future, in order to establish a long-term contract.

COs are not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below:

Reviews and Approvals (up to $750K)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Signature Date

7/2/2024

COs are not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below: