A16_Limited_Source_Justification_over_SAT_ERLR_Solicitor-Redacted_1.pdf

United States Department of the Interior

BUREAU OF LAND MANAGEMENT

https://www.blm.gov

LIMITED SOURCE JUSTIFICATION (LSJ)

GSA BPA or order estimated over $250,000

This document sets forth the justification and approval as required by FAR 8.405-6.

1. Identification of the Agency and the Contracting Activity:

The Department of the Interior, Bureau of Land Management (BLM), New Mexico State Office (NMSO), Office of State Director, requests the Branch of Business Services to contract on a limited or sole source basis.

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

BLM NMSO is seeking to sole source, via General Services Administration (GSA) via FAR 8, Federal Supply Schdule, to the following suggested source:

Joseph Swerdzewski and Associates, LLC 2711 Tammerack Ln SE Owens Cross Roads, AL 35763-8682 GSA Contract: GS-02F-0037V

This shall be firm fixed price contract

BLM New Mexico State Office (NMSO) seeks to retain a contractor to perform work as a consultant to provide input to senior leaders during collective bargaining meetings with Union Representation. BLM NMSO needs consultation expertise in the areas of labor relations, unions, collective bargaining agreements, and the United States Office of Personnel Management Policies. The Department of Interior, Office of the Solicitor, specifically the Employment and Labor Law Unit (ELLU), is the sole legal entity that provides legal services in the areas of employment and labor law to the BLM. Any services provided under this contract that lead to final documents or decisions in the union bargaining and negotiations process will be submitted for legal review to ELLU by BLM and are subject to Departmental Labor Relations policies and applicable laws, rules, and regulations. The Contractor may be required to commence work upon very short notice and shall be fully staffed within five (5) working days of the approval of the project/work plan. Accordingly, the contractor must have sufficient depth and breadth of resources to manage assignments set forth in and required for the contract. in an efficient manner and under narrow time constraints, if required. Due to the highly complex nature of this requirement and professional service associated, this requirement could have the potential to change by adding further work within scope, because not all work could have been reasonably anticipated throughout the life of the contract.

Specific services shall include, but are not limited to, assistance in any one or combination of the following activities:

3. Provide input to agency senior leadership, human resources in helping develop and implement strategic, comprehensive employee relations programs that are tailored for today’s changing workplace.

4. Conduct vulnerability assessments and review BLM’s labor and employee relations policies and practices and make recommendations for changes and the adoption of workplace policies that support best practice.

5. Provide consultation services including input during union organizing, negotiations, other related activities.

6. Provide input to the bargaining team on strategy and negotiability.

7. Prepare proposals and analyses of Collective Bargaining Agreement (CBA).

8. Serve as a consultant to chief negotiator(s) in negotiations or any bargaining

9. Assistance in drafting the articles of the Cooperative Bargaining Agreement (CBA).

10. Provide input on the CBA for compliance with applicable laws, regulations, and policies, and provide input based on what is in the best interest of the BLM from the consultant’s perspective.

11. Review and provide comments/changes on the Union’s proposed draft CBA.

12. Review and propose changes to the CBA throughout the negotiation process.

13. Attend CBA negotiation meeting.

14. Attend BLM Internal meetings.

15. Provide input to the BLM through the negotiations.

16. Any information received by the contractor, from the BLM, in the course of providing these consulting services, will be considered confidential unless the BLM expressly determines otherwise.

This requirement is anticipated to cost $XXX. See IGCE for complete breakdown of hours, hourly rate, and estimated number of work weeks. The estimated number of hours is based on current meetings being held with union representatives, but the government reserves the right to increase hours as needed if it is determined that the level of effort shall be increased at any time during this contract.

This contract will have a not to exceed maximum number of hours of 1,440 and a minimum amount of 30 hours. The government reserves the right to increase the maximum if the level of effort calls for an increase. Any increase in the level of effort shall be done via a supplemental agreement (bilateral modification).

Anticipated period of performance:

Base Year: October 1, 2024-September 30, 2025 Option Period: October 1, 2025-October 31, 2025

17. An identification of the statutory authority permitting other than full and open competition:

Select one of the following:

This justification is submitted pursuant to the authority of 41 U.S.C. 251 as implemented under the Multiple Award Schedule Program FAR 8.405-6 subsection:

___X__ FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

18. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

BLM NMSO seeks a Nationally Recognized Labor Relations Expert who can assist Senior Level Managers to include leader(s) in the Senior Executive Service at the State Office Level with highly complex negotiations and discussions required for the upcoming Collective Bargaining Agreement (CBA). Mr. Swerdzewski previously served as The General Counsel of the Federal Labor Relations Authority (FLRA). The Board is supported by a General Counsel, who is also nominated by the President of the United States, with the consent Senate of the for a term of five years. Very few individuals ever rise to this level of civil service. As the General Counsel, Mr. Swerdzewski ran an independent agency that administers the labor-management relations program for 1.9 million federal employees worldwide, 1.1 million of whom are exclusively represented in more than 2,200 bargaining units. Also, as General Counsel, periodically issued guidance to the Regional Directors promoting productive labor-management relationships within the Federal sector and directed the FLRA's Regional Offices located in Atlanta, Boston, Chicago, Denver, San Francisco, and Washington, D.C. These unique qualifications along with his vast expertise are unmatched within the commercial sector. Mr. Swerdzewski has been sought after for many peer-reviewed scholarly articles/journals and books.

19. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d).

The level of effort used to formulate the price evaluation was done so in consultation with senior leaders involved in collective bargaining and then narrowing down the level of effort required for tasks associated in the Statement of Work (SOW). In order to protect the government and contractor, a statement has been added to the SOW that reads: “due to the highly complex nature of this requirement and professional service associated, this requirement could have the potential to change by adding further work within scope, because not all work could have been reasonably anticipated throughout the life of the contract.”

A review of GSA catalogs under SIN 541612HC showed no other nationally recognized labor relations expert with a law degree and a sources sought published on GSA E-Buy showed zero responses to other vendors having a nationally recognized labor relations expert. With the sources sought, a review of commercial pricing, working with technical (government senior leaders) in price evaluation associated with the required level of effort, and GSA already having determined pricing to be fair and reasonable, BLM NMSO determines that Joseph Swerdzewski & Associates, LLC represents the best value to the government.

20. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

The required services are available through from FSS and would constitute using a mandatory source per FAR 8. To ensure to the maximum extent practical to compete the requirement, a sources sought was issued on June 25, 2024, under SIN 541612HC and sent to 168 vendors, seeking the ability of vendors to product a nationally recognized subject matter expert on labor relations with experience in collective bargaining. Out of 168 vendors, four responded that they do not offer the services via FSS.

Knowing that there is a nationally recognized labor relations expert on contract GS-02F-0037V, the signed contracting officer then canvassed approximately, six FSS published price lists and could find not other labor category for nationally recognized labor relations expert.

A review of active SAM.GOV, Contract Opportunities, on August 6, 2024, using key words labor relations expert, there was only two current solicitations by other government agencies, but those were for Freedom of Information Act Support Services and the other was for a Professional Service involved in Health Research and Development. Neither one of these is like our requirement, but it should be noted that the Professional Service for Health Research and Development was issued as Justification for Other than Full and Open Competition (JOFOC).

A review of inactive SAM.GOV, Contract Opportunities using the same key words showed zero solicitations being issued for labor relations expert.

21. Any other facts supporting the justification.

GAO has ruled that the Competition in Contracting Act ordinarily requires “the use of competitive procedures” to award government work. However, “[o]nce a contract is awarded…[it] will generally not review modifications to the contract because such matters are related to contract administration and are beyond the scope of [its] bid protest function. While a modification that changes the contract’s scope of work is an exception to this rule, such a modification is only objectionable where there is a “material difference” between the modified contract and the original contract. A material difference exists when “a contract is so substantially changed by the modification that the original and modified contracts are essentially and materially different.” In assessing whether there is a material difference, GAO will look to:

“[T]he extent of any changes in the type of work, performance period, and costs between the modification and the original contract, as well as whether the original solicitation adequately advised offerors of the potential for the change or whether the change was the type that reasonably could have been anticipated, and whether the modification materially changed the field of competition for the requirement.”1

BLM NMSO has added a sentence in the SOW to try to advise of a potential change that could not be reasonably anticipated therefore, if the level of effort must increase on this requirement, BLM has tried to follow best practices issued by GAO and allows for any modification to remain within scope of the original requirement.

22. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

BLM makes every effort to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services required. Contracting Officers within the New Mexico State Office will continue utilizing bidding websites, Request for Information/Sources Sought, as well as other competitive procedures to promote full and open competition to the maximum extent practicable. The Bureau will continue to canvas industry and collaborate with other government agencies for similar services to meet the bureau’s future needs and/or see if there are other contractual vehicles that the BLM might be able to issue task/BPA call orders against.

23. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief and evidence that the supporting data that form a basis for the justification have been certified as complete and accurate by technical/program personnel.

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

(Signature)________________________________________ (Date) _______________________

(Type or Print Name): ___________________________________________________________ Contracting Officer’s Representative

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

(Signature) _______________________________________ (Date) _______________________

(Type or Print Name): ___________________________________________________________ Contracting Officer

1 Zodiac of North America | U.S. GAO

09/21/2024 Shirley Montoya-Chavez

Digitally signed by SHIRLEY MONTOYA-CHAVEZ DN: c=US, o=U.S. Government, ou=Department of the Interior, ou=Bureau of Land Management, 0.9.2342.19200300.100.1.1=14001001520969, cn=SHIRLEY

MONTOYA-CHAVEZ

Date: 2024.09.21 21:36:50 -06'00'

RONALD SHUMATE

Digitally signed by RONALD

SHUMATE

Date: 2024.09.21 11:56:23 -05'00'