Justification (004).pdf

Template for Justification and Approval for Other Than Full and Open Competition Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Title: Protection and Advocacy Systems Training and Technical Assistance

Agency: PSC

PSC Divisions: Other - HHS

PSC Other Divisions: Administration for Community Living

Acquisition Year (FY): 2020

Author and Title: Ophelia McLain

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds: Annual Appropriations

Name of Proposed Contractor(s): National Disability Rights Network

Street Address: 820 First Street NE, Suite 740

City, State, Zip: Washington, DC 20002

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): Individual Basis Class Basis

The total estimated value of the proposed action, including all options is $ 12,310,715

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

This contract will ensure that training and technical assistance (T/TA) will be provided to the Protection and Advocacy Systems

(P&As) as they manage and implement grants from multiple Federal agencies. This will be done from September 30, 2020 to September 29, 2025 by:

• Designing T/TA that provides fundamental skills and knowledge that are proven to effectively address the specialized and highly complex legal advocacy activities and cases undertaken by P&As;

• Enhancing and leveraging the use of technology to increase the accessibility of content to all P&A staff using multiple platforms, modifying content where needed;

• Delivering T/TA in the most cost efficient manner to maximize resources available;

• Bolstering the use of peer-to-peer sharing techniques to share and transfer knowledge across the P&A network;

• Exploring ways to fully include individuals with disabilities in T/TA activities to ensure meaningful involvement of, and input from, the P&As and individuals with disabilities; and

• Directly including the expertise of individuals who are blind/visually impaired in the development and execution of T/TA efforts aimed at improving voting accessibility.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

Explain why the intended contractor is the only responsible source who can provide the required supplies or services.

Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or services will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the agency's needs in accordance with FAR 11.105. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays. May not Exceed one year, including all options, unless the head of the agency (Secretary of HHS) determines that exceptional circumstances apply.

In the past, AoD has attempted to find other contractors that could provide training and technical assistance to the P&As; however, other entities have not been found. In January - February, 2015 AoD conducted a review of organizations that might be capable of conducting the work, but did not identify such an entity. A Request for Information (RFI) was published in May, 2015. The National Disability Rights Network (NDRN) was the only respondent to this RFI. In August 2020, a Sources Sought Notice (SSN) was published.

NDRN was again the only respondent to this SSN. Their response demonstrated the capabilities of the organization to conduct the work outlined in the SSN. As noted in their response, "NDRN employs a high quality model of T/TA delivery that is multifaceted and dynamic. NDRN's model has been developed and refined over almost forty years of proven T/TA services to the P&A Network.

NDRN's T/TA model builds fundamental skills and knowledge of P&A staff which enables them to fulfill the P&A's mission and mandates." As the only established P&A T/TA provider with a nationwide reach, NDRN performs many T/TA functions, including but not limited to dissemination of information to over 3,500 personnel located in the 57 P&As. NDRN acts as a liaison with P&A staff by facilitating the exchange of information; increasing P&A effectiveness and outcomes by promoting standards; and by conducting training events on current disability, legal, and advocacy issues. No other entity has NDRN's wealth of knowledge regarding the operations, issues, training needs, and the ability to reach thousands of individuals with disabilities annually. NDRN has credibility in the field of P&A systems, promoting and strengthening the role and performance of its members by providing quality legally-based advocacy services. NDRN's unique capabilities include its intrinsic knowledge of P&A case law, P&A management and fiscal issues, and methods to increase the effectiveness of these agencies in advocating for the rights of eligible individuals as defined under the respective legislations to pursue legal, administrative, and other appropriate remedies and approaches. Additionally, NDRN is the only organization with the required resources and competencies capable of providing assistance to all 57 State and U.S. Territory P&A projects. The P&As have the same mission, but face different circumstances in each State and Territory; therefore, T/TA is individualized. ACL and other funding agencies require coordinated T/TA that will • Provide fundamental skills and knowledge that are proven to effectively address the specialized and highly complex legal advocacy activities and cases undertaken by P&As;

• Enhance and leverage the use of technology to increase the accessibility of content to all P&A staff using multiple platforms, modifying content where needed;

• Be delivered in the most cost efficient manner to maximize resources available;

• Bolster the use of peer-to-peer sharing techniques to share and transfer knowledge across the P&A network;

• Fully include individuals with disabilities in T/TA activities to ensure meaningful involvement of, and input from, the P&As and individuals with disabilities; and

• Directly include the expertise of individuals who are blind/visually impaired in the development and execution of T/TA efforts aimed at improving voting accessibility.

It is understood that to be comprehensive, T/TA require development of a foundational T/TA program for P&A staff to have increased knowledge of the following:

• The P&A program, including the history of the program and disability rights movement;

• Historical and emerging issues;

o In the legal field, including civil rights law;

o In the disability field and how they relate to legal advocacy aimed at the protection of and advocacy for the rights of individuals with disabilities; and o In the election process, including helping individuals to exercise their legal voting rights and supporting state and local organizations in ensuring full voter accessibility;

• Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals with disabilities;

• Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;

• Measurement and evaluation of P&A outcomes and performance based effectiveness;

• Effective planning exercises for P&A activities to ensure compliance with Federal requirements;

• Personnel management operations to ensure compliance with Federal requirements;

• Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;

• Proven and standardized promising practices in effective P&A operations to enhance the P&As ability to meet their mission; and

• Support of collaboration with other entities closely affiliated with or interested in P&A activities , such as the:

o State Councils on Developmental Disabilities;

o University Centers for Excellence in Developmental Disabilities Education, Research, and Service;

o PAIMI Advisory Councils; and o Disability advocacy groups.

As aforementioned, in addition to foundational knowledge, T/TA must also meet the needs of all P&As regardless of size (small, medium, large) and capacity, and be prepared to provide in-depth knowledge and resources for specialized issues.

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2) If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/ serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5) Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Other (See FAR Subpart 6.3 for additional authority) Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

The agency solicited input from the Program Support Center early in the process to ensure that all required information was secured, should there be a need for Full and Open Competition. It considered whether the public or potential offerors knew enough about the P&As. Information has been shared on the ACL website, grantees' and the national association's websites and through meetings and conferences. Grantees were also encouraged to collaborate with disability and other partners. In preparing for a solicitation, the agency performed a sources sought and a pre-solicitation on beta.sam (formerly FBO). It was then determined that other than full and open competition would be pursued.

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones for the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quantity or performance period.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart

5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition.

If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

In the past, AoD has attempted to find other contractors that could provide training and technical assistance to the P&As; however, other entities have not been found. In August 2020, AoD conducted a review of organizations that might be capable of conducting the work, but did not identify such an entity. A Sources Sought Notice (SSN) was published in August 2020. NDRN was the only respondent to this SSN. Its 10-page response demonstrated the capabilities of the organization to conduct the work outlined in the SSN. Following the singular response, a presolication notice was published and the only quote received was from NDRN, which also indicated its understanding of the requirement.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If action is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-

on. See FAR 10.002(b)(2).

In the past, the agency has attempted to find other vendors that could provide training and technical assistance to the P&As such as full and open competition and sources sought. Market research confirms NDRN as the only organization uniquely qualified to implement the tasks required, possessing the subject expertise and familiarity with the issues sufficient to providing the required specialized support, organizational assistance, and training and technical assistance. Further research was performed by doing a sources sought and a pre-solicitation on beta.sam (formerly FBO). For both postings NDRN was the only vendor that submitted.

9. Procurement History:

Purchase order or contract number: HHSP233201500031C

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

Previous sources sought notices were performed and an RFI was performed in May 2015

10. Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available;

describe actions taken to remedy the situation.

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this J&A is accurate and complete.

Program Manager

Name: Ophelia McLain

Position Title: P&A Team Lead

Email address: ophelia.mclain@acl.hhs.gov

Phone: 202-795-7401

Program Manager Supervisor (or one level above Program Manager)

Name: Jennifer Johnson

Position Title: Director, ODSI

Email address: jennifer.johnson@acl.hhs.gov

Signature:

Date: 8/31/2020

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

In accordance with FAR 15.403-3 the Contracting Officer will request other than certified cost or pricing data. The Contracting Officer has determined the total estimated value of this contract in the amount of $12,310,715.00 to be fair and reasonable based on current market conditions for similar work.

Name: David Morgan Phone: 301-492-4655

Signature: Date: 9/10/2020

13. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to availability of funds, and provided that the services and supplies herin describe have otherwise been authorized for acquisition.

Name: David Morgan Phone: 301-492-4655

Signature: Date: 9/10/2020

14. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Susan Cortes-Shrank Phone: 202-603-2108

Signature: Date:

16. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Phone:

Signature: Date:

17. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name: Phone:

Signature: Date:

18. Department Competition Advocate:

Concur: Non-Concur:

Name: Phone:

Signature: Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

19. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

Name: Phone:

Signature: Date:

Template for Justification and Approval for Other Than Full and Open Competition Completion Instructions: The Department of Health and Human Services (HHS) has established a standard template for the preparation of a J&A for Other Than Full and Open Competition. If this is an 8(a) set-aside, please note this form is not required unless the acquisition is valued (including all options) at greater than $22 million. This template is NOT applicable for actions using simplified acquisition procedures (FAR Part 13), Federal Supply Schedule orders (FAR 8.4) or task or delivery orders subject to fair opportunity (FAR 16.505).

Tailor all aspects of this template to the individual acquisition. Consult FAR Subpart 6.3 for guidance. An addendum may be added in case additional space is needed.

When this document is printed, the blue italic instructions are automatically deleted on the printed version.

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

2. Description of Action:

Nature:

Pricing:

Funds:

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)):

As applicable, briefly describe the services or supplies required to meet the agency's needs, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing contract, distinguish clearly between the work covered by the original contract and the work to be obtained by the proposed modification.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Actions other than simplified acquisition procedures (select only one and provide an explanation):

Explain why the intended contractor is the only responsible source who can provide the required supplies or services. Discuss the unique capabilities, expertise, etc. that support the lack of competition/why no other type of supplies or services will satisfy agency requirements. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. When competition is limited to items particular to one manufacturer, this justification must explain why the particular brand name, product, or feature is essential to the Government's requirements, and that market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet the agency's needs in accordance with FAR 11.105. If in connection with a follow-on contract for continued development or production of highly specialized equipment, detail the substantial duplication of cost or unacceptable delays. May not Exceed one year, including all options, unless the head of the agency (Secretary of HHS) determines that exceptional circumstances apply.

If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. Failure to plan for expiring funds is not a valid reason for citing this exception. May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply.

Provide a citation to the statutory authorization and a brief description of its content, or identify the specified source or other agency.

Provide the authority and citation to the applicable section of FAR 6.3.

Provide a full explanation to justify use of the exception.

5. Agency Actions to Take or Remove Barriers That Led to Other Than Full and Open Competition (If applicable):

Describe the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration prior to any subsequent acquisition for the supplies of services is made. If no such actions have been taken, explain why.

6. Bridge Contracts:

For contract extensions or bridge contracts when a competitive follow-on is in the process of being developed, summarize history of current contract and explain the reasons for any delays in the acquisition. Include discussion of the milestones for the follow-on action; the milestones should be as efficient as possible. Discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period; include issues such as start-up costs, phase-in, transfer of GFP, recruitment and staffing, etc. If the action is because of a protest, provide a brief discussion of the protest including the date the protest was filed and the basis of the protest. Explain that the action will provide the minimum quantity or performance period.

7. Actions to Increase Competition:

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies. If a notice was publicized, discuss the number of written responses to the synopsis and the results of the assessment of the written responses. List sources, if any, that expressed, in writing, an interest in the acquisition. Provide rationale if interested sources were rejected. If applicable, state that no other sources have expressed interest, but all offers received shall be considered. Describe what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. You may state that an action is a one-time requirement, but if a similar requirement arises, every effort will be made to compete it to the maximum extent possible. If action is sole source because of proprietary data or licensing rights and there will be a continuing need for the requirement, there must be evidence that advanced planning has been initiated to overcome the barriers to competition, or there should be documentation to support an analysis that replacement costs/licensing purchase costs outweigh the benefits of competition. If the action is a contract extension or bridge, explain actions to compete the follow-on. If action is an urgent new requirement and a competitive follow-on is anticipated, explain that efforts are underway to facilitate a full and open competition.

8. Market Research:

Describe the extent of the market research conducted to identify all qualified sources and the results thereof. “Market Research” is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, electronic (i.e. email) telephonic, or world wide web inquiries. Lack of advanced planning is not an acceptable reason for the lack of market research, but true urgency may necessitate abbreviated market research that is limited to readily available historical and commercial information. If action is a contract extension or bridge contract, describe the market research efforts underway or completed for the follow-on. See FAR 10.002(b)(2).

9. Procurement History:

Was action competed?

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

10. Additional Information to support the justification:

If applicable, explain why technical packages or specifications to facilitate competition were not developed or available; describe actions taken to remedy the situation.

11. Technical / Requirements Certification: By my signature below, I certify that the supporting data included in this J&A is accurate and complete.

Program Manager Name:

Position Title:

Email address:

Phone:

Program Manager Supervisor (or one level above Program Manager) Name:

Position Title:

Email address:

Signature:

Date:

12. Fair and Reasonable Price/Cost Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated price/cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination, e.g., describe techniques to be used to determine fair and reasonable price (FAR Subpart 15.402), such as price analysis, cost analysis, cost realism. Per FAR Subpart 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $750,000.

Name:

Phone:

Signature:

Date:

13. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this justification subject to availability of funds, and provided that the services and supplies herin describe have otherwise been authorized for acquisition.

Name:

Phone:

Signature:

Date:

14. Legal Review:

All J&As greater than $68 million must have a legal review from the General Law Division of the Office of the General Counsel prior to sending it to the Department.

15. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options)):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

16. Office of Small and Disadvantaged Business Utilization:

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name:

Phone:

Signature:

Date:

17. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options)):

Name:

Phone:

Signature:

Date:

18. Department Competition Advocate:

Concur:

Non-Concur:

Name:

Phone:

Signature:

Date:

(The below approval paragraph is required if the cumulative contract value, including all options, exceeds $68 million.)

19. HHS Senior Procurement Executive (SPE) Approval:

Based on the foregoing justification, I hereby approve other than full and open competition for the above stated procurement, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

State supplies/services being procured:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304:

State the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304 Name:

Phone:

Signature:

Date:

11.0.0.20130303.1.892433.887364 Justification & Approval - Other Than Full and Open Competition Health and Human Services Justification & Approval - Other Than Full and Open Competition

• Designing T/TA that provides fundamental skills and knowledge that are proven to effectively address the specialized and highly complex legal advocacy activities and cases undertaken by P&As;

• Enhancing and leveraging the use of technology to increase the accessibility of content to all P&A staff using multiple platforms, modifying content where needed;

• Delivering T/TA in the most cost efficient manner to maximize resources available;

• Bolstering the use of peer-to-peer sharing techniques to share and transfer knowledge across the P&A network;

• Exploring ways to fully include individuals with disabilities in T/TA activities to ensure meaningful involvement of, and input from, the P&As and individuals with disabilities; and

• Directly including the expertise of individuals who are blind/visually impaired in the development and execution of T/TA efforts aimed at improving voting accessibility.

• Enhance and leverage the use of technology to increase the accessibility of content to all P&A staff using multiple platforms, modifying content where needed;

• Be delivered in the most cost efficient manner to maximize resources available;

• Bolster the use of peer-to-peer sharing techniques to share and transfer knowledge across the P&A network;

• Fully include individuals with disabilities in T/TA activities to ensure meaningful involvement of, and input from, the P&As and individuals with disabilities; and

• Directly include the expertise of individuals who are blind/visually impaired in the development and execution of T/TA efforts aimed at improving voting accessibility.

It is understood that to be comprehensive, T/TA require development of a foundational T/TA program for P&A staff to have increased knowledge of the following:

• The P&A program, including the history of the program and disability rights movement;

• Historical and emerging issues;

o In the legal field, including civil rights law;

o In the disability field and how they relate to legal advocacy aimed at the protection of and advocacy for the rights of individuals with disabilities; and o In the election process, including helping individuals to exercise their legal voting rights and supporting state and local organizations in ensuring full voter accessibility;

• Various effective approaches to legal advocacy focused on the protection of and advocacy for the rights of individuals with disabilities;

• Standard P&A practices for individual and systemic legal advocacy, investigations, information and referral, monitoring, and public outreach;

• Measurement and evaluation of P&A outcomes and performance based effectiveness;

• Effective planning exercises for P&A activities to ensure compliance with Federal requirements;

• Personnel management operations to ensure compliance with Federal requirements;

• Financial/Fiscal management practices that ensure compliance with Federal fiscal requirements;

• Proven and standardized promising practices in effective P&A operations to enhance the P&As ability to meet their mission; and

• Support of collaboration with other entities closely affiliated with or interested in P&A activities , such as the:

o State Councils on Developmental Disabilities;

o University Centers for Excellence in Developmental Disabilities Education, Research, and Service;

o PAIMI Advisory Councils; and o Disability advocacy groups.

As aforementioned, in addition to foundational knowledge, T/TA must also meet the needs of all P&As regardless of size (small, medium, large) and capacity, and be prepared to provide in-depth knowledge and resources for specialized issues.