FAR 13.5 Single Source or Brand Name Justification Exceeding SAT.pdf

United States Department of Agriculture Sole Source (Including Brand Name) Justification under

Simplified Procedures for Certain Commercial Items (FAR 13.5)

1. Identification of the agency and the contracting activity.

USDA Forest Service, Region 5, Procurement and Property Services (PPS)(Enter Agency Name and Contracting Activity here.)

2. The nature and/or description of the action being approved.

The USDA proposes to enter into a sole source, firm fixed-price contract with J. Mattox and Associates, using the simplified procedures for certain commercial items under Federal Acquisition Regulation (FAR) Part 13.5.)

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Providing one-on-one in-person coaching for Supervisors/Managers on how to communicate through conflict and effective communication with staff.

Provide group sessions via Teams to regional employees based on the Agency’s sexual harassment policy.

Dialogue Circles provide an opportunity to have a safe, respectful, and open discussion to share reactions, feelings, and thoughts about the effects of racial injustice and violence onto communities of color.

Participants will also share ideas about what actions each can take, which is in their control to make a difference and support Forest Service co-workers.

The estimated contract value is $260,000.

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

41 U.S.C § 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Supporting rationale demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

This training is a continuation of previous training provide by Dr. Joe Mattox and Ira Levin- Communicating Across Differences - "The Journey Continues". Dr. Mattox and Associates is the only vendor that can provide these webinars because the sessions are a continuation of the “Dialog Circles” provided to Region 5 in 2021. “Dialog Circles” is a unique service/product created by Dr. Mattox. The sessions that will be conducted by Dr. Mattox build on the Dialog Circles foundation and feature original content designed to highlight the Forest Services Core Values and Code and Commitments highlighted in This Is Who We Are.

Joe Mattox and Ira Levin, Ph.D., are trained psychologists with extensive experience leading virtual workshops and consulting with organizations on diversity and inclusion issues. Dr. Mattox is a licensed practicing clinical-organization psychologist with more than 40 years of experience. Dr.

Mattox and Associate have been implementing these discussions throughout Region 5. Dr. Mattox has performed under several contracts for Region 5 and has knowledge and experience in leading discussions for the Forest Service.

Dr. Levin is an organizational psychologist with a mental health background. Both Drs. Mattox and Levin have over fifteen years of experience contracting with the Forest Service on a variety of initiatives to increase organizational health and effectiveness.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

Contracting Officer ran reports in IAS to identify other vendors that provide these services. It appears the FS is using other vendors for similar services so work is being distributed amongst other vendors. Similar to this requirement, the other purchases were for particular topics that are unique to those vendors such as assessments, or DEI as it pertains to HR issues. Additionally, the CO reviewed a couple of IDIQs that are in place for DEI related services, however, the IDIQs did not have a Clinical Psychologist labor category.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost will be fair and reasonable based on prior purchase history.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research was conducted using the Small Business Dynamic Search Tool as well as GSA Advantage. There are companies that perform similar services, but most of them do not have licensed clinical psychologists with 15 years of experience.

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

This requirement is in accordance with the “USDA Diversity, Equity, Inclusion and Accessibility Strategic Plan Fiscal Year 2022 – 2026.”

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

None

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

The Region 5 Civil Rights office needs to work on a more thorough SOW and more clearly define their requirement.

Certifications & Approvals

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Catherine A Sullivan Contracting Officer