A-6 FAR 13 Under SAT Justification for Sole Source Union Facilitation.pdf

RFQ 12318723Q0151

Sole Source Justification

Facilitation Services for Labor Management and Union Negotiation

SOLE SOURCE or BRAND NAME JUSTIFICATION (FAR 13 Under the SAT)

1. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED

The Master Agreement between the Forest Service (FS) and the National Federation of Federal Employees is scheduled to expire in December 2022, and the Parties have begun preparations to negotiate a new contract. FS management and the Union have agreed to meet in August to discuss a possible early resolution of matters that have been enjoined by the U.S. District Court of Appeals, pending an appeal decision within the next few weeks.

The Contractor is expected to facilitate this attempt at a creative, fast-track agreement on matters that would otherwise be subject to traditional bargaining that could take a year or longer. The contractor will make two facilitators available to work with both parties as needed to expedite the process toward an agreement.

Period of Performance:

January 23 – February 3rd, 2023; February 27 – March 3, 2023 and additional times to be scheduled if needed. The purchase order will have a one-year base period and include a one-year option period. (meetings are tentative dates and are subject to change and more dates added as negotiations may be needed through the FY24)

Overall performance to be reimbursed for daily work and possible travel for facilitators estimated around $120,000 per year.

2. JUSTIFICATION FOR SOLICITING FROM A SINGLE SOURCE or FOR A BRAND NAME

The facilitators will have extensive Federal sector bargaining experience and knowledge of Federal Labor Relations Statute and case law. I & I Resolutions was selected from potential candidates based on acceptance and approval from both FS and Union leadership.

Over the past several years, Mr. Pizzi from I & I Resolutions, facilitated the 2010 and 2016 Master Agreement Negotiations between the Agency and Union, to include the following:

Statutory Training & Communication Training – Rocky Mountain Research Station

Telework Negotiations

Master Agreement Negotiations 2019

3. EFFORTS TO OBTAIN COMPETITION

Conducting my market research using internet searches, as well as past contracts, I didn’t find any vendors that could meet the requirements. This requirement also would recommend vendors have an extensive knowledge in negotiations already conducted in past years.

RFQ 12318723Q0151

Sole Source Justification

Facilitation Services for Labor Management and Union Negotiation

Based on my independent market research, the only vendor that appears to be capable of meeting this requirement is from the previous contract.

Describe what market research was conducted in an effort to identify other vendors or brands suitable for the Government’s requirements; or provide the reason market research was not conducted.

4. STEPS TO PRECLUDE FUTURE SINGLE SOURCE (or BRAND NAME) AWARDS

Longer lead time for the extended vetting process to gain FS and Union approval.

5. CONTRACTING OFFICER’S DETERMINATION

I have determined, in accordance with FAR 13.106-1(b) that the circumstances of this contract action deem only a single source is available for the required services.

Requesting Office: Forest Service

Human Resources Management 4000 Masthead NE Albuquerque, NM 87109

PATRICK BEHAN

Program Analyst

Concur:

TODD MATHIE

Contracting Officer