19Q0014-Justification_for_Other_Than_Full_and_Open_Competition.pdf

EEOC FORM 615 (Revised) (7/10) Previous editions of this form are obsolete and should not be used Page 1 of 4

Equal Employment Opportunity Commission Office of the Chief Financial Officer

Acquisition Services Division

Justification For Other Than Full And Open Competition (For All Noncompetitive Contract Actions Exceeding $25,000)

(NOTE: TO COMPLETE THIS FORM, PLEASE SEE INSTRUCTIONS ON PAGE 4. SEPARATE SHEETS MAY BE ATTACHED WHEN ADDITIONAL SPACE 1S REQUIRED TO PROVIDE SUFFICIENT BACKGROUND INFORMATION. EACH SHEET MUST CLEARLY

IDENTIFY THE APPLICABLE ITEM NUMBER(S).

1. REQUIRING ACTIVITY:

Office of the Chief Human Capital Officer, Training and Employee Development Division

(OCHCO/TEDD)

2. NATURE AND DESCRIPTION OF ACTION BEING APPROVED:

To award a sole source contract to provide Respectful Workplace training to 12 EEOC District Offices.

3. DESCRIPTION AND ESTIMATED VALUE OF SUPPLIES/SERVICES REQUIRED:

This anti-harassment training is being provided to employees and managers as part of a holistic harassment prevention program. EEOC is required to conduct this training. The estimated value of the procurement is $462,000.00 for FY 2019.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION (CHECK

APPROPRIATE ITEM):

_X__ (a} 41 U.S.C. 253(c) (1); FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. (NOTE: This authority should not be used if 4(b) or 4(d) is applicable.

___ (b) 41 U.S.C. 253(c)(2): FAR 6.302-2 Unusual and Compelling Urgency. Full and open competition is impractical because any delay in award of this procurement would result in serious injury, financial or other, to the Government. This authority requires offers from as many potential sources as practicable under the circumstances.

___ (c) 41 U.S.C. 253(c)(3): FAR 6.302-3. Industrial mobilization; engineering, developmental, or research capability; or expert services. It is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (C) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. Use of this authority may be appropriate when it is necessary to acquire the services of an expert to use in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency whether or not the expert is expected to testify , or to acquire the services of a neutral person to facilitate the resolution of issues in an alternative dispute resolution process.

___ (d) 41 U.S.C. 253(c)(5): FAR 6.302-5 Authorized or Required by Statute. A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, e.g.. SBA Section 8(a), EEOC FORM 615 (Revised) (7/10) Previous editions of this form are obsolete and should not be used Page 2 of 4

Purchases from the Blind and Other Severely Handicapped, or Federal Prison industries (UNICOR) and Government Printing and Binding. This Authority shall not be used when a provision of law requires an agency to award a new contract to a specified non-Federal Government entity unless the provision of law specifically;

(1) identifies the entity involved; (21 refers to Section 303(h) of the Federal Property and Administrative Services Act of 1949 for civilian agency acquisitions; and (3) states that award to that entity shall be made in contravention of the merit-based selection procedures in Section 303(h) of the Federal Property and Administrative Services Act.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

The contractor's services were procured to provide all the train-the-trainer program sessions, and they are the only vendor able to meet EEOC's delivery requirements, while keeping the training consistent with curriculum already implemented. In addition, procuring sessions with the contractor (Sepler & Associates) would prevent EEOC from having to start the process from the beginning (e.g., new train-the-trainer program sessions, retraining district offices so that all training delivered in the agency is consistent, etc.) - which would be a financial loss for the agency.

6. DESCRIPTION OF ANY EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS PRACTICABLE:

A post to FedBizOpps (FBO) will be publicized in accordance with FAR 13.501(a)(iii)..

7. DETERMINATION BY THE CONTRACTING OFFICER THAT ANTICIPATED COST IS FAIR AND

REASONABLE:

Pricing is determined to be fair and reasonable based on historical pricing and pricing provided by the contractor for the same or similar services under Purchase Order (PO) Nos. EEC45017P0026 and 45310018P0030. The initial related training requirement was issued to three General Services Administration (GSA) sources under the Human Resources and EEO Services Schedule. Sources considered included HR Anew, PRISM, ADR Vantage.and Employment Learning Innovations (ELI). Only ELI submitted a quotation but was unable to agree to copyright terms. A new open-market solicitation was issued for the requirement which resulted in a quotation and award to Sepler and Associates, the firm able to meet EEOC’s requirements and to develop and deliver the training specifically for EEOC.

In May of 2018, Purchase Order 45310018P0030 was awarded for the training by Sepler for senior leaders and employees in Miami, Chicago and Philadelphia District Offices.

8. DESCRIPTION OF MARKET SURVEY CONDUCTED AND RESULTS (If a market survey was not conducted, please state reason):

The content and materials for this training was developed by the contractor. Due to proprietary nature of the subject matter and the contractor's expertise in this area, market research did not yield any other vendors.

EEOC FORM 615 (Revised) (7/10) Previous editions of this form are obsolete and should not be used Page 3 of 4

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

The timeline for having all employees in the agency trained by the end of FY 2019, and the logistics involved in meeting this metric, it is recommended using other than full and open competition to procure these services.

10. LIST OF SOURCES EXPRESSING WRITTEN INTEREST IN THIS ACQUISITION, IF ANY:

See item seven.

11. STATEMENT OF ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE TAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES:

The justification will be posted in accordance with FAR 5.201.

12. CONTRACTING OFFICER/TECHNICAL CERTIFICATION

I CERTIFY THAT THE ABOVE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF

MY KNOWLEDGE AND BELIEF.

12A. Contracting Officer Certification/Approval:

_________________________________________________ DATE: _________________

(Signature of Contracting Officer)

12B. Technical Official Certification:

_________________________________________________ DATE: _________

(Signature of Technical Official) (If Applicable)

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EEOC FORM 615 (Revised) (7/10) Previous editions of this form are obsolete and should not be used Page 4 of 4

INSTRUCTIONS FOR COMPLETING EEOC FORM 615

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (FAR 6.302)

BLOCK 1 REQUIRING ACTIVITY. Identify Agency Organization, i.e., service, division and/or program office, for which action is being procured.

BLOCK 2 NATURE AND DESCRIPTION OF ACTION BEING APPROVED. State basis for noncompetitive action, i.e., purchase request from authorized agency personnel and FAR citation of proposed action.

BLOCK 3 DESCRIPTION OF SUPPLIES/SERVICES REQUIRED. Provide a brief narrative description of the specific supplies or services to be procured (Include estimated value).

BLOCK 4 STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION. Check appropriate item (a,b, or c). Item must be completed. (NOTE: Selection must meet the criteria relative to circumstances with respect to authority cited under FAR 6.302, permitting the use of other than full and open competition. See FAR 6.303 covering requirements for justifications to support the use of these authorities).

BLOCK 5 DEMONSTRATE THAT THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED. Provide background data to support the authority cited. For Item (a), describe the unique characteristics of the services or supplies justification, i.e., why these characteristics are essential or mandatory; and why no other source can satisfy the agency needs; For Item (b), demonstrate by time- line and other factors reason there is insufficient time to permit use of full and open competition; For Item (c) cite the specific statute that authorizes or requires this procurement be awarded to the specified source. (Note: Lack of advanced planning should not be used to justify use of other than full and open competition.)

BLOCK 6 DESCRIPTION OF ANY EFFORTS MADE TO ENSURE OFFERS WERE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE. Describe action taken to identify sources that can provide comparable or compatible items. Include whether a Fedbizopps (FBO) notice was or will be publicized or, if not, which exception under FAR 5.202 applies. When using 4(b), identify other sources solicited or justify reason only one source was solicited.

BLOCK 7 DETERMINATION THAT ANTICIPATED COST IS FAIR AND REASONABLE.

BLOCK 8 DESCRIPTION OF MARKET SURVEY CONDUCTED AND RESULTS.

BLOCK 9 OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

BLOCK 10 LIST OF SOURCES EXPRESSING WRITTEN INTEREST IN THIS ACQUISITION, IF ANY.

BLOCK 11 STATEMENT OF FUTURE ACTIONS TO OVERCOME COMPETITIVE BARRIERS.

BLOCK 12 CERTIFICATION AND APPROVAL SIGNATURES

12a Contracting Officer Signature and Date required.

12b Technical Official Signature and Date required, if applicable.