1_5_1 OPS Sole Source for Orders Exceeding MPT up to SAT_Redacted.pdf

www.uscis.gov

Rev: 10/13/2023

Sole Source (including brand name) Justification, using Simplified Acquisition Procedures, Exceeding the Micro-purchase Threshold and up to the Simplified Acquisition Threshold, Office of Policy and Strategy (OP&S) Fiscal Year (FY) 2024, Diversity, Equity, Inclusion & Accessibility Training

REFERENCE:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), U.S. Citizenship, and Immigration Services (USCIS), Office of Contracting (OCON), proposes to award an order on behalf of Office of Policy and Strategy (OP&S)

2. Nature and/or description of the item/service being procured and anticipated cost.

OP&S requires diversity, equity, inclusion, and accessibility (DEIA) training to the Equal Employment Opportunity Advisory Committee (EEOAC) members and other OP&S employees with a focus on invoking meaningful participation and conversation in relation to DEIA. Blanchard Training & Development is the only company that can provide training specific to the needs of the office.

Phase I of training requires Blanchard course “Conversational Capacity” which will be a virtual workshop for 17 EEOAC members lead by a Blanchard facilitator.

Phase II requires Blanchard course “Conversational Capacity with an Inclusion Lens” which will be an in-person interactive keynote for the ~120 OP&S staff.

The period of performance for the contract is base year one 12-month, and two 12-month option periods. The total cost is estimated at $103,575.00. Courses should be delivered virtually, or in-person, during agreed upon dates and times.

A Firm Fixed Price contract will be utilized.

The virtual and small group in person training is needed to support the development of a culture of DEIA within the office. The EEOAC and general employees require training and tools to hold constructive conversations; explore identity in relation to communication style; recognize, preempt, mitigate communication breakdown; and facilitate respectful communication, all with a focus on DEIA. The training will also include a Producer and Portal Administrator who will support technical challenges so individual participants can be assisted without disruption to others. These individuals will also support any prework (e.g., invitation, readings), send reminders, and monitor attendance and the chat during the activity.

Sole Source (including brand name) Justification, using SAP, Exceeding the MPT and up to the SAT, Office of Policy and Strategy (OP&S) Fiscal Year (FY) 2024, Diversity, Equity, Inclusion & Accessibility Training

Place of Performance:

USCIS Headquarters (HQ):

5900 Capital Gateway Dr, Camp Springs, MD 20746

3. Identification of the authority and rationale.

The proposed procurement will utilize simplified acquisition procedures and will be awarded on a sole source basis in accordance with FAR 13.106-1(b)(1)(i) and as specified below.

Only one source reasonably available:

☐ Urgent and compelling circumstances exists. The nature of the requirement has been deemed urgent due to unusual and compelling circumstances. Following competitive procedures would result in unacceptable delays resulting in serious injury to the Government.

☐ Exclusive licensing agreement or restrictive rights exists. The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required.

☒ Brand name. The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required.

☐ Compatibility to existing systems or equipment. The required supplies or service must be compatible in all aspects (form, fit, and function) with existing systems or equipment and the source is uniquely qualified to meet the requirement.

☐ Other. Only one source is capable.

Rationale:

As the nation's largest employer, the federal government strives to be a model for diversity, equity, inclusion, and accessibility (DEIA) and according to Executive Order 14035, to cultivate a workforce that draws from the full diversity of the nation.

OP&S is seeking to provide a comprehensive DEIA virtual training for the EEOAC followed by in-person training for the general employees to facilitate more focused, small group discussion and activity. It is critical to provide this DEIA training to everyone within the organization as it fosters a more inclusive workplace culture, enhances understanding of diverse perspectives, promotes fair treatment and opportunities for all employees, and helps mitigate biases and discrimination.

Additionally, this opportunity aligns with the OP&S and USCIS DEIA Strategic Plan to promote

Sole Source (including brand name) Justification, using SAP, Exceeding the MPT and up to the SAT, Office of Policy and Strategy (OP&S) Fiscal Year (FY) 2024, Diversity, Equity, Inclusion & Accessibility Training diversity, equity, inclusion, and accessibility within the government. Ultimately, this opportunity will support improved decision-making.

OP&S requires a customized learning workshop that includes Blanchard Course “Conversational Capacity with an Inclusion Lens” which uniquely focuses on cultivating productive conversations centering on DEIA. This distinctive course meets all requirements of the training for its employee rather than management geared instruction as well as it’s focus on communication in relation to DEIA. These learning activities are imperative to enhance communication, foster constructive dialogue, and improve collaboration in in-person, virtual or remote settings.

Blanchard is the only vendor that can fulfill the requirement as the courses are the proprietary intellectual property of Blanchard, and the ownership is secured under the United States and international copyright law. Courses “Conversational Capacity with an Inclusion Lens” and “Courageous Inclusion” including program materials are Blanchard products and can only be provided by Blanchard and lead by a Blanchard facilitator.

Only Blanchard, Blanchard licensees, or entities or individuals authorized by Blanchard pursuant to contractual agreement, can: 1) sell the Blanchard Products; 2) authorize qualified trainers to use the Blanchard Products to teach the Programs; and/or 3) authorize qualified trainers to qualify others to use the Blanchard Products to teach the Programs. Any attempt by a third-party organization to produce and/or sell Blanchard Products or use the Blanchard Products to train and/or qualify another person to train the Programs without Blanchard’s consent would be a direct violation of United States and international intellectual property law.

Therefore, Blanchard is the only entity that can provide or license others to provide the Blanchard Products, and the only entity that can conduct or license others to conduct the training and/or qualification required for the delivery of the programs.

☒ Comparison with similar items in a related industry;

☐ Comparison to Independent Government estimate;

☐ Contracting Officer’s personal knowledge; or ☐ Other reasonable basis.

5. Other Information.

USCIS intends to comply with the public display and synopsis requirements in FAR 13.105(a).

4. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2).

☐ Market Research

☐ Current price list;

☒ Comparison of the proposed price with prices found reasonable on previous purchases;

Sole Source (including brand name) Justification, using SAP, Exceeding the MPT and up to the SAT, Office of Policy and Strategy (OP&S) Fiscal Year (FY) 2024, Diversity, Equity, Inclusion & Accessibility Training

APPROVAL:

Date