J_&_A_-_Native_American_Policy_Support_-_Redacted.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, FAR Subpart 13.5, and FAR Part 15

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of Title 10, USC 2304(c)(1), FAR 6.302-1 & DFARS 206.302-1.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Activity:

Department of Defense Office of the Assistant Secretary of Defense, Energy, Installations and Environment / Environmental Management (ASD)(EI&E) 3400 Defense Pentagon Washington, D.C. 20301 - 3400

Contracting Activity:

Department of Defense Washington Headquarters Services (WHS), Acquisition Directorate (AD), Enterprise Acquisition Technology and Logistics (EAT&L) Division, Analysis, Innovation & Oversight Branch (AIOB) 1225 South Clark Street Arlington, VA 22202 - 1155

2. NATURE / DESCRIPTION OF ACTION(S):

The WHS/AD on behalf of the (ASD)(EI&E) proposes to negotiate and award a 12-month firm fixed price services contract on a sole-source basis to the National Congress of American Indians (NCAI), 1516 P. Street NW, Washington, DC 20005-1910 for subject matter expertise to provide technical and policy support and analysis to the DoD Native American program. The period of performance start date is targeted for August 21, 2017 - August 20, 2018.

Procurement Title: Native American Program Policy Support Estimated Value:

Year and Type of Funding: FY17 Operations & Maintenance (O&M) Statutory Authority: Title 10, USC 2304(c)(1), FAR 6.302-1 & DFARS 206.302-1 Policy Control #: 2017 WHS 0026

The (ASD)(EI&E) has overall responsibility for worldwide DoD environmental policy planning and development, oversight of policy implementation, and oversight of environmental compliance.

The (ASD)(EI&E) is responsible for developing environmental policy, establishing requirements, evaluating and supporting the budget for environmental programs, overseeing execution, and representing DoD interest in achieving and sustaining full compliance with all statutory and regulatory requirements for all Environmental Management functions.

DoD must fully meet its responsibilities to tribes as derived from Federal trust doctrine (i.e., the trust obligation of the United States government to the tribes) and various Treaties, Executive Orders, Agreements, Statutes, and other obligations between the United States government and tribes, to include:

Federal statutes (e.g., Native American Graves Protection and Repatriation Act, American Indian Religious Freedom Act, National Environmental Policy Act, National Historic Preservation Act, Alaska National Interest Lands Conservation Act, Alaskan Native Claims Settlement Act, and Archeological Resources Protection Act); and

Other Federal policies (e.g., Executive Order 12898, “Environmental Justice”; Executive Order 13007, “Indian Sacred Sites”; Executive Order 13021 “Tribal Colleges and Universities”; “Executive Memorandum: Government to Government Relations with Native American Tribal Governments,” dated 29 April 1994; Executive Order 13084, “Consultation and Coordination with Indian Tribal Governments”; and Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.”)

The above referenced Federal statutes and policies establish requirements for departments and agencies concerning government-to-government relations between the Federal government and tribal governments. In order to ensure that the rights of sovereign tribal governments are fully respected, each executive department or agency is responsible for ensuring that government-to-government relationships are maintained with federally recognized tribal governments. DoD must build stable and enduring government-to-government relations with federally recognized tribal governments in a manner which sustains the DoD mission and minimizes effects on protected tribal resources.

NCAI is the only entity with majority representation from the 568 federally recognized tribal governments from across the United States, with subject matter expertise in the extensive broad range of issues that impact American Indian, Alaska Native, and Native Hawaiians that is required for this procurement.

3. DESCRIPTION OF SUPPLIES / SERVICES:

The subject matter expertise provided by NCAI will support analysis of the DoD Native American program by delivering technical and policy recommendations, meeting representation, and presentation development. NCAI will provide support by evaluating and presenting divergent professional opinions affecting DoD’s Native American program, defining and describing feasible policy options inclusive of the consequences of their adoption with due regard for cultural sensitivity based on a deep and broad understanding of Native American communities and issues.

NCAI will provide support in building government-to-government relations to build stable and enduring relationships with tribes.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is Title 10, USC 2304(c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

NCAI is the only national representative congress with representation from the majority of the 568 federally recognized Indian tribes across the United States. Based in Washington D.C., NCAI is routinely utilized by the federal government to provide subject matter expertise, technical assistance, and other specialized services necessary for the federal government to fulfill its legal obligations to Tribal governments. NCAI has provided direct support to (ASD)(EI&E) on the Native American program since September 2007 in contract capacities and under the Intergovernmental Personnel Act. The experience and knowledge provided by NCAI cannot be duplicated. NCAI has proven experience and expertise in working to enhance relationships between tribal governments and the federal, state, and local governments in order to better meet the needs of tribal citizens and uphold the government-to-government principles that are essential to the autonomy of tribal governments. These issues are substantially the same issues that are faced in DoD’s Native American program to meet its obligation to Native Americans and build stable and enduring government-to-government relations with federally recognized tribal governments in a manner that sustains the DoD mission and minimizes effects on protected tribal resources. No other performer is known that can provide the appropriate knowledge and experience in resolving tribal and government affairs effectively and efficiently for continuity of program operations with no disruption to DoD’s policy objectives.

6. FEDBIZOPPS ANNOUNCEMENT / POTENTIAL SOURCES:

The notice of intent to negotiate and award a sole source contract along with the approved Justification & Approval shall be made publicly available on FedBizOpps for at least 15 days before issuance of a solicitation in accordance with FAR Part 5.201 & 5.203.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will determine whether the proposed price is fair and reasonable based on a comparison of the proposed price against the independent government cost estimate, and a comparison of the proposed price to historical prices paid for the same or similar support.

8. MARKET RESEARCH:

Market research was conducted within the last 12 months by reviewing the acquisition history, interviewing knowledgeable individuals in industry and government, reviewing existing WHS-wide and DoD Multiple-Award contract vehicles, other Government-Wide Acquisition Contracts, and reviewing the UNICOR and AbilityOne priority sources. Market research performed found that there are firms that could offer similar services, but none that offer the unique capabilities, expertise, in-depth knowledge and broad representation of the Native American community and issues to provide support to the Office of the Under Secretary of Defense at the national level with minimal disruptions in service and a low learning curve like the NCAI.

9. ANY OTHER SUPPORTING FACTS:

None.

10. LISTING OF INTERESTED SOURCES:

NCAI

1516 P. Street NW Washington, DC 20005-1910

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

The program office will continue to survey and monitor the marketplace to identify any additional sources that may be determined capable of providing the required high level of expertise and broad representation of Native American communities required for this effort in the future.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP):

This effort does not meet the threshold requirement for an approved Acquisition Plan per DFARS 207.103(d)(i).

ORIGINAL SIGNATURES

IN CONTRACT FILE