7. EERE T 542.007 JOFOC FAR 13.5 Final 10.27 Fully Signed_10.27.2021 Redacted V2.pdf

Template Version 9/13/21

The National Institute of Building Sciences (NIBS) is an independent 501(c)(3) non-profit, non-governmental organization that supports advances in building science and technology. It was established by the U.S. Congress in the Housing and Community Development Act of 1974, Public Law 93-383. Congress recognized the need for an organization to serve as an interface between government and the private sector that served as a resource to those who plan, design, procure, construct, use, operate, maintain, renovate, and retire physical facilities.

NIBS developed “Software as a Service (SaaS),” trademarked as the “Whole Building Design Guide” (WBDG), which is a powerful knowledge-based website. It is the gateway to current information on integrated whole building design techniques and technologies, and includes a wide range of federal and private sector building-related guidance, criteria, and technology. By creatively linking information across disciplines and traditional professional boundaries, the WBDG encourages integrated thinking and a "whole building"performance perspective. NIBS developed the “Learning Management System” within the WBDG platform offering International Association for Continuing Education Training (IACET) accredited learning courses. The live and on-demand training allows a high-performance workforce that constructs, operates, and maintains energy-efficient and cost-effective federal facilities. Federal agencies could develop and maintain their own independent websites; however, this scattering of information works against the current efforts (and the original purpose of NIBS) of multiple federal agencies unifying and sharing knowledge and containing costs.

The Federal Energy Management Program (FEMP) mission, pursuant to Section 543 of the National Conservation Policy Act as amended by Section 1012 of the Energy Act of 2020, includes the authority and requirements to “(i) develop and implement accredited training consistent with existing Federal programs and activities (I) relating to energy and water use, management, and resilience in Federal facilities, energy-related investment practices, and environmental stewardship; and (II) that includes in-person training, Internet-based programs, and national in-person training events”.

42 U.S.C. § 8253(i)(3)(C)(i). FEMP's buildings and energy management training program is nationally recognized for providing technical and accredited training on a wide range of facility design, implementation, and operation and management topics relevant to Federal agencies and the supporting energy management community.

3(a). Statutory Authority Permitting Other than Full and Open Competition

41 U.S.C. 1901/FAR 13.501 - Simplified acquisition procedures

41 U.S.C. 1903/FAR 13.501 - Special emergency procurement authority

41 U.S.C. 3304(a)(1)/FAR 6.302-1 - Only one responsible source and no other supplies orservices will satisfy agency requirements

41 U.S.C. 3304(a)(2)/FAR 6.302-2 - Unusual and compelling urgency

41 U.S.C. 3304(a)(3)/FAR 6.302-3 - Industrial Mobilization; engineering, development, or research capability; or expert services

41 U.S.C. 3304(a)(4)/FAR 6.302-4 - International Agreement

41 U.S.C. 3304(a)(5)/FAR 6.302.5 - Authorized or required by statute

41 U.S.C. 3304(a)(6)/FAR 6.302.6 - National Security

41 U.S.C. 3304(a)(7)/FAR 6.302.7 - Public Interest

3(b). Narrative Supporting Selection(s) in 3(a)

41 U.S.C. 1901/FAR 13.501 - Simplified acquisition procedures To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, FAR 13.501 provides for acquisitions of commercial items exceeding the simplified acquisition threshold but not exceeding $7.5 million, including options, contracting activities may use any of the simplified procedures authorized by Subpart 13.5.

The synopsis will be posted to the GPE satisfying the publication requirement of FAR 5.203(a)(2)/Section 1708(c)(4) of this title which permits sources to submit a quotation and each responsive quotation timely received from an eligible offeror shall be considered to the maximum extent possible.

4. Unique Qualifications In 1989, the U.S. Department of Defense (DoD) adopted the Construction Criteria Base (CCB) information system as the official distribution method for facilities criteria. Over the years, the military services have been instrumental in the advancement of CCB and in 2003 adopted its evolution into the Whole Building Design Guide (WBDG). The WBDG was initially designed to serve DoD construction programs. A 2003 DoD memorandum named the WBDG as the sole portal for the design and construction criteria produced by the U.S.

Army Corps of Engineers, Naval Facilities Engineering Command, and U.S. Air Force. Since then, WBDG has expanded to serve all building industry professionals. The WBDG website is maintained by the National Institute of Building Science (NIBS) through funding support from the DoD, the Naval Facilities Engineering Command Engineering Innovation and Criteria Office, U.S. Army Corps of Engineers, U.S. Air Force, U.S. General Services Administration, U.S. Department of Veterans Affairs, National Aeronautics and Space Administration, U.S. Department of Energy (DOE), and the assistance of the Sustainable Buildings Industry Council. Through a collaborative effort among federal agencies, private sector, nonprofit companies and educational institutions, NIBS’s board of directors and advisory committee guide the development of the WBDG and the Learning Management System (LMS) as mandated by 12 U.S. Code § 1701j–2. This statute establishes the WBDG as a “one stop shop” that contains all policy, technical guidance and accredited learning courses on Federal High Performance and Sustainable Buildings. In addition, the WBDG contains online tools, which include the original Construction Criteria Base, Building Information Modeling guides and libraries, a database of select case studies, federal policy and statutes and other resources.

FEMP’s training program is currently located in the Learning Management System (LMS) of the WBDG, and NIBS operates the WBDG. There are no other learning platforms specific to the building industry. If FEMP built its own software platform and removed its training program from the WBDG, it would incur significant development costs and oppose Congress’s intent to have a sole portal for building design and construction criteria. The cost to develop its own whole building design tool is estimated between $2.8 - $3.2M. The estimated completion time for requirements development and constructing a learning platform with comparable functionality as the WBDG is approximately three years. FEMP would then need to pursue re-accreditation of its training program. NIBS is an IACET accredited provider and maintains the accreditation of FEMP’s training program while the courses reside on the WBDG. The success of FEMP’s mission and training program relies on its ability to maintain continuous IACET accreditation. Any lapse in accreditation would jeopardize FEMP’s ability to offer its training program to the public and federal agencies as accredited courses which earn continuing education units (CEU) upon completion. To meet the necessary accredited provider requirements, an organization must be/have:

a. A governmental unit or be incorporated, chartered or otherwise legally recognized as a business entity

b. In business for at least one year, operating under the conditions described in the application for at least three months

c. Able to provide documentation required by the application and accreditation interview

d. A well-defined organizational structure that assigns authority and responsibility for administering continuing education and training programs and activities to a particular unit

e. Educational activities, courses and programs administered by an individual or group that meet the ANSI/IACET Standard for Continuing Education and Training

f. Written policies and processes that comply with the ANSI/IACET 2018-1 Standard for Continuing Education and Training

NIBS is best positioned to maintain accreditation of FEMP’s training program (rather than subcontracting these services to another service provider) because interruption of accreditation would be detrimental to FEMP’s mission. Accreditation of the FEMP coursework on a newly developed training platform is uncertain. Having another contractor attempt to manage accreditation of coursework on the WBDG, which NIBS operates, is problematic. NIBS has no requirement to share documentation necessary for a complete application and/or participate in an accreditation interview.

5. Efforts to Solicit Potential Sources Additional sources will not be solicited because this is a sole source acquisition and there is only one contractor that can successfully and efficiently fulfill FEMP’s needs.

6. Fair & Reasonable Cost Fair and Reasonable Price Determination: I hereby determine that the anticipated price to the government for this contract action will be fair and reasonable. This determination will be made using a combination of price analysis techniques described in FAR 13.106-3(a)(2) – market research,comparison of the proposed price with prices found reasonable on previous purchases, current price lists/catalogs/advertisements, and/or comparison with similar items in a related industry. As a part of this basis, certified cost or pricing data is not required because the items and/or services being acquired are considered commercial.

7. Market Research In accordance with Federal Acquisition Regulation (FAR) Part 10.000, market research was conducted in order to arrive at the most suitable approach to acquiring, distributing, and supporting supplies and services.

Based on the market research results, this requirement is not available from AbilityOne, Federal Prison Industries, Federal Supply Schedule, DOE Preferred Solutions, Best in Class Contracts or through Government Wide Acquisition Contracts.

The Dynamic Small Business Search tool was utilized with the parameters of using NAIC 611430, and searched for all women owned businesses, all veteran owned businesses and all minority owned businesses within the United States. The search did not identify any entity other than NIBS who can provide the required services..

8. Other Supporting Data None

9. Interested Sources To date, no other sources have submitted any written expression of interest in the current requirement. In accordance with FAR 13.501(a)(l)(iii), this Justification for Other Than Full and Open Competition (JOFOC) will be made publicly available within fourteen (14) days aftercontract award. If sources express interest, their information will be captured for consideration for any follow-on requirements. In addition, the government will assess the market before exercising each option period to determine if the requirements have changed and/or if any acceptable sources exist.

10. Action to Remove Barriers to Competition As long as the WBDG is controlled/managed by NIBS, NIBS will remain the single source for FEMP’s required information, tools, live and on-demand training, in order to foster and maintain a high-performance workforce that constructs, operates, and maintains energy-efficient and cost-effective federal facilities which targets Federal High-Performance Green Buildings. If these circumstances change, the government will explore all procurement mechanisms available to promote competition when applicable and identify the best method to obtain those services

11. Certifications:

a. Requesting Office Representative Certification: I certify that the supporting data which forms the basis for the justification are complete, current, and accurate to the bestof my knowledge and belief.

Meegan Kelly 10/27/21

Contracting Officer’s Representative (Signature) (Date)

b. Contracting Officer Certification: I certify that this JOFOC contains the informationrequired by FAR 13.501 and its contents are complete, current and accurate to the best of my knowledge and belief. I recommend approval of this JOFOC.

Steve Scott

Contracting Officer (Signature) (Date)

12. Reviews and Approvals:

a. Procurement Policy:

Steven L. Scott Digitally signed by Steven L. Scott Date: 2021.10.27 13:34:53 -04'00'

CONCUR

Joseph Vento

Procurement Analyst

NON-CONCUR

(Signature) (Date)

Joseph Vento Digitally signed by Joseph Vento Date: 2021.10.27 12:21:46 -06'00'