A16_JOFOC_FAR_6.302.doc

U.S. DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION AUTHORITY: FAR 6.302-1, 10 U.S.C.2304(c)(1)

PR # 40437618

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.302-1 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

Contracting Activity: This document is a justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs, Central Office for the Bureau of Indian Education (BIE) Tuba City Boarding School.

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

Requirement: Identify only one of the following.

New Follow-on Requirement Modification to existing order

Pricing: Identify only one of the following.

FORMCHECKBOX

Firm-Fixed Price Other _____________ Time & Materials

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

This requirement is for on-site Professional Development training, including workshops and coaching, throughout the 2019/2020 school year for Tuba City Boarding School educators.

The vendor will provide full professional development workshops and coaching methods that support the educational goals at Tuba City Boarding School for the Little T-Bird Department and Rising T-Bird Department.

For the Rising T-Bird Department, the vendor will provide Common Core trainers for both literacy and math to train educators. The vendor will provide assistance and support to English and Language Arts (ELA) instruction and professional learning implementation for the 2019-2020 school year in grades 3, 4 and 5. Each on-site training will be embedded with classroom instruction observation, one-to-one coaching with individual teachers, modeling of reading and writing instruction in the classroom and both whole and small group teacher trainings, and facilitating professional learning community meetings.

For the Little T-Bird Department, the professional Development/Consultant services on site will center on effective instruction of core academic programs (reading and mathematics) through full implementation of professional learning community model; academic data analysis; response to intervention (RTI), and creation of grade-level common formative assessment.

Tuba City Boarding School has requested one (1) base year plus three (3) option years for a total potential contract value of $489,484.36 with training broken down as follows:

Base Year Total $117,000.00, broken down as follows:

Rising T-Bird Department: 6 visits for 9 months with an annual total of $63,000.00

Little T-Bird Department: 6 visits for 2 months plus 4 visits for 6 months with an annual total of $54,000.00

Assuming an increase of 3% for each of the option years, the following is a breakdown of estimated costs:

Option Year 1 Total $120,510.00, broken down as follows:

Rising T-Bird Department: 6 visits for 9 months with an annual total of $64,890.00

Little T-Bird Department: 6 visits for 2 months plus 4 visits for 6 months with an annual total of $55,620.00

Option Year 2 Total $124,125.30, broken down as follows:

Rising T-Bird Department: 6 visits for 9 months with an annual total of $66,836.70 Little T-Bird Department: 6 visits for 2 months plus 4 visits for 6 months with an annual total of $57,288.60 Option Year 3 Total $127,849.06, broken down as follows:

Rising T-Bird Department: 6 visits for 9 months with an annual total of $68,841.80

Little T-Bird Department: 6 visits for 2 months plus 4 visits for 6 months with an annual total of $59,007.26

4. An Identification of the statutory authority permitting other than full and open competition.

X FAR 6.302-1 -- Only one responsible source and no other supplies or services will satisfy agency requirements.

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

Solicitation # 140A0918Q0171 for the current contract was initially set-aside for Indian-owned Small Business Economic Enterprises (ISBEEs); however, no responses were received and the solicitation was amended to a Small Business set-aside. Only one response was received and Purchase Order # 140A0918P0271 and was awarded to Empower Educational Consulting, a Woman Owned Small Business (WOSB) under NAICS 611710 – Educational Support Services. This NAICS is listed as qualifying for the WOSB program.

611710 Educational Support Services WOSB

The professional development training provided under the current contract is based on kits, handbooks and training materials that are exclusive to Empower Educational Consulting including: Literacy Work Station Systems, Math Power Activity Systems, Kindergarten Readiness Math & Literacy Work Station Kit, Scientific Practices Foundational Skills Work Station System, Illuminated Writing Kit and AMPLIFY™ Administrative Handbook, and Curriculum Maps.

These materials have been purchased by Tuba City Boarding School and, as a follow-on requirement, continued professional development training will build upon techniques and lessons included in these materials. These kits, handbooks, and training materials are copyrighted solely for the use of our Empower Education consultants in trainings and seminars and any use of Empower's kits and materials by other independent and outside consultants without express permission is prohibited.

Since 2010, BIE has awarded thirty-eight (38) different contract actions to Empower Educational Consulting for professional development training throughout various BIE schools. Empower Educational Consulting has a history of successful past performance within BIE.

6. 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

In accordance with FAR 5.203 (a), a Notice of Intent to Sole Source was published on Federal Business Opportunities (FBO.gov) for 5 days. No responses were received.

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

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines that the anticipated price(s) will be fair and reasonable based on price analysis of the existing contract which was advertised on a competitive basis. The vendor’s proposed fee of $1,500 per consultant/per day has not increased and is comparable to commercial pricing for similar services.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

In July 2018, Solicitation # 140A0918Q0171 for the current contract was initially set-aside for Indian-owned Small Business Economic Enterprises (ISBEEs); however, no responses were received and the solicitation was amended to a Small Business set-aside. Only one response was received and Purchase Order # 140A0918P0271 and was awarded to Empower Educational Consulting, a Woman Owned Small Business (WOSB) under NAICS 611710 – Educational Support Services.

A review of the System for Award Management (SAM) advanced search tool and the Small Business Administration (SBA) Dynamic Small Business Search (DSBS) indicate that there are no other small business sources to provide these services, especially with expertise in Native American schools.

9. Any other facts supporting the use of justification of other than full and open competition, such as:

The requested services are based upon copyrighted training materials for the exclusive use of the sole source vendor. Awarding to another vendor would disrupt the training that has already been provided during the 2018/2019 school year. New materials would need to be purchased or created and initial training would need to be duplicated. As stated, there are no other known small business sources that are available to provide this training, especially with experience and expertise in providing professional development to Native American school educators.

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

None

11. A statement of any 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.

Prior to any option years being exercised, the Government will conduct market research to determine if any other sources have entered the market and are able to provide these services with minimal impact to the Customer.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

14. Reviews and Approvals Concur

Date