ASQ Sole Source Justification.pdf

U.S. DEPARTMENT OF JUSTICE

UNICOR, Federal Prison Industries, Inc.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION:

Authority Cited: Sole Source 6.302-1(b)(1)(i)

Pursuant to the Federal Acquisition Regulation (FAR) subpart 6.302-1(a)(2) and Part 6.304, the Federal Bureau of Prisons (BOP), specifically, Federal Prison Industries, has determined that the procurement of commercial items meets the criteria established for other than full and open competition. It is further determined that only one responsible source and no other supplies and/or services will satisfy agency requirements. This limitation on competition is justified as supported by the following information in accordance with FAR Part 6.303-2:

1. Identification of the agency and the contracting agency.

UNICOR, Central Office 1st St NW Washington, DC 20534-0004

2. Nature and/or description of the action being approved.

The American Society for Quality (ASQ) was founded in 1946 and, since then, it has been at the forefront of the quality movement. It is the preeminent certification body for Quality Engineers and associated Management roles.

UNICOR partnered with ASQ in 2017, offering employees the Quality 101 – CQIA Certification Program.

The Quality 101 course is only available directly from ASQ and prepares participants to take ASQ’s Quality Improvement Associate (CQIA) & Certified Quality Inspector (CQI) certification exam. ASQ created and owns the rights to the course and is the only entity that offers the internationally recognized certification. Moreover, ASQ has made special dispensation for UNICOR to allow the course to be taught through inmate instructors as well as providing a paper-formatted test instead of the normal web-based testing.

In FY 2025, UNICOR concluded a 3-year Licensing fee Agreement with ASQ to enable UNICOR’s continued participation in the Quality 101 Course. This will begin a new Licensing Agreement. The annual membership fee to ASQ needs to be renewed for discounted exam pricing. Additionally funding is required for up to 245 CQIA exam participants, 25 CQI exams and 25 CQI Handbooks in FY26.

3. A description of the supplies or services required that meet the agency’s needs (including the estimated dollar amount).

The American Society for Quality requires an annual membership fee of $6000. As part of the negotiated Licensing Agreement, $15,000 is needed for this FY. In addition, $78,890 is needed to provide the CQIA exam for 245 UNICOR employees at $322 per exam; $8,675.00 is needed to provide the CQI exam for (25) UNICOR employees;

$2,625.00 is needed to purchase (25) CQI Handbooks - needed to prepare and take the CQI exam.

In return, ASQ will provide, for all participating UNICOR factories, Q101- Course instructor material with instructor notes, student course material essential for CQIA exam preparation, course updates to UNICOR upon availability, the CQIA exam in paper format for all participants, provide access to printable course completion certificates, and certification to successful participants of the internationally recognized Quality Improvement Associate Exam.

4. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited.

The statutory authority for this requirement is found at 41 U.S.C. 3304 (a) (1). When supplies or services required by the agency are available from only one responsible source. The application which permits use of the cited statutory authority are stated at FAR Part 6.302-1 (b)(1)(i), Unique supplies or services available from only one source or only one supplier with unique capabilities.

The American Society for Quality is the sole source; they own the rights and are the certifying body for Quality Improvement Associate. As the sole owner of the certification and course material, ASQ is the only organization that can provide the training material to prepare for the certification exam. ASQ is also the only organization that can provide the internationally recognized Quality Improvement Associate certification. ASQ is the only organization that can provide the certification exam in paper-based format for inmate participation.

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

UNICOR has been in partnership with ASQ since 2017 and has been determined to be the sole source for CQIA course materials, books, and exams, requiring no solicitation from other sources.

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

The total estimated cost is $128,730 for the ASQ membership fees and Licensing Agreement fee, previously negotiated in 2022, an estimated 310 exam participants, and 65 Handbooks. The Contract Specialist and Chief of Quality have deemed pricing to be fair and reasonable.

7. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

UNICOR has been in partnership with ASQ since 2017 and has certified hundreds of employees as Quality Improvement Associates. With ASQ being the sole entity providing the certification, a history of partnership with ASQ, and successful completion of CQIA exams, no market survey was conducted.

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

None

9. A listing of sources, if any, that expressed in writing, an interest in the acquisition

None

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services are required.

At the present time, full and open competition is not recommended for this requisition. ASQ is the only organization that provides the internationally recognized Certified Quality Improvement Associate Course and Exam.

11. Contracting Officer Certification that the identification is accurate and complete to the best of the

Contracting Officer’s knowledge and belief.

I hereby certify that this request for Justification and Approval of other than Full and Open Competition is made in good faith, the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully complete this requirement. I further certify that this request is not the result of lack of advance planning or a desire to spend funds while those funds are still unavailable.

M.MUDRY Process Improvement Specialist _____________________ 09/09/2025 Date

M. GIBSON, Contracting Officer _______________________________________________________ Approve/Disapprove & Date