FAR_6.302_NIBS_Justification_for_Other_than_Full_and_Open_Competition-Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 253(c), 10 U.S.C. 2304(c) and FAR 6.302-5

1. This requirement is in support of GSA, Office of Design & Construction (ODC), located at

1800 F Street, NW Washington, D.C. 20405. The contracting activity is the Office of

Internal Acquisition (OIA), 1800 F Street NW, Washington, DC 20405.

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

A sole source purchase order will be issued to National Institute of Building Sciences

(NIBS) for 2020 Policy Streamlining Workshop and Reports.

This is a firm-fixed price contract to National Institute of Building Sciences (NIBS) for a period of two years (base and one (1) year option period).

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

The scope includes planning, coordinating, holding/hosting, and facilitating a whole day workshop with ODC staff, a variety of architects/engineers, builders, construction managers, other federal government agencies and related industry experts recommended by NIBS and

ODC. The workshop shall take place at GSA, NIBS office or in the Washington DC area.

Approximately 35 attendees (half or less will be from GSA) are anticipated for the workshop

The total estimated value of this purchase order, for the base work and one option period is

4. Circumstances permitting other than full and open competition

FAR 6.302-5 Authorized or required by statute 10 U.S.C. 2304(c)(5) or 41 U.S.C.

3304(a)(5).

This authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency:

Supporting Rationale:

(1) Federal Prison Industries (UNICOR)—18 U.S.C. 4124 (see FAR subpart 8.6).

(2) Qualified nonprofit agencies for the blind or other severely disabled—41

U.S.C. chapter 85, Committee for Purchase From People Who Are Blind or

Severely Disabled (see FAR subpart 8.7).

(3) Government Printing and Binding—44 U.S.C. 501-504, 1121 (see FAR subpart 8.8).

(4) Sole source awards under the 8(a) Program (15 U.S.C. 637)

*Other justification form required if sole source estimated value exceeds $22M.

(5) Sole source awards under the HUBZone Act of 1997—15 U.S.C. 657a (see

19.1306).

(6) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. 657f).

(7) Sole source awards under the WOSB Program–15 U.S.C. 637(m) (see

19.1506).

x Other: Please state: U.S. Congress in the Housing and Community Development

Act of 1974, Public Law 93-383

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

Public Law 93-383 authorizes GSA to contract with the National Institute of Building

Sciences (NIBS) for specific services such as this workshop. Consequently, under a cooperative program with several Federal agencies, NIBS has developed and continues to refine and expand a state-of-the-art building criteria information, technical expertise and industry design and construction knowledge that GSA leverages each fiscal year. NIBS has delivered five consecutive workshops for GSA and is uniquely qualified to deliver the next one under this purchase order in 2020 in compliance with Public Law 93-383. Failure to award this work to NIBS will adversely impact GSA’s ability to complete this workshop on schedule for use in its FY20 and 21 strategic planning.

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

(MARKET RESEARCH, discuss which notices were published and where (outreach).

This is not applicable because Public Law 93-383 does not require GSA to compete this work or do market surveys.

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

It is anticipated that the cost to the Government will be fair and reasonable.

7. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted. (MARKET RESEARCH -review of industry sources, GSA eLibrary).

This is not applicable because Public Law 93-383 does not require GSA to compete this work or do market surveys.

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

Authorized by the Congress in 1974, the National Institute of Building Sciences carries out the original Congressional mandate which calls for the development, promulgation, and maintenance of nationally recognized performance, criteria, standards, and other technical provisions for maintenance of life, safety, health, and public welfare suitable for adoption for building regulating jurisdictions and agencies; and assembly, storage and dissemination of technical data relating to existing and new building technology.

As an authoritative national source, the Institute advises both the public and private sectors of the economy with respect to the use of building science and technology in achieving nationally acceptable standards and other technical provisions for use in Federal, State, and local housing and building regulations.

The Institutes enabling legislation, Public Law 93-383, encourages Federal construction agencies to accept the technical findings of the Institute and to contract with the Institute for specific services such as the annual industry workshop for GSA.

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

Not applicable

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

There are plans to acquire the same services each year under the NIBS IDIQ contract no.

GS-11P-14-MKD-0059 that expires in 2020 and will be replaced with a new one using

Public Law 93-383.

Program/Technical Official Certification:

I hereby certify and accept the responsibility that any and all supporting data provided above or used to justify the above requested for a sole source procurement (e.g., verifying the

Government’s minimum needs, schedule requirements, and/or other rationale for other than full and open competition) is accurate and complete to the best of my personal knowledge and belief.

December 27, 2019

Contracting Officer’s Representative’s Signature Date

Contracting Officer’s Certification:

I hereby certify that the information contained in this Justification for Other than Full and

Open Competition, is accurate and complete to the best of my knowledge.

December 27, 2019

Contracting Officer’s Signature Date