A17_JA_-_Strategic_Consulting_(Final)(20230915)_Redacted_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

SOLE SOURCE JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901

Solicitation Number: 140D0423Q0537

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

This document is a sole source justification for the Department of the Interior (DOI), Interior Business Center, Acquisition Services Directorate, Division V on behalf of the DOI, Secretary’s Immediate Office (SIO).

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

This sole source justification to issue a new purchase order for Strategic Consulting Services with Kristen Carpenter Consulting, LLC.

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

This action is for the procurement of strategic consulting services for the SIO on topics related to the rights and concerns of all indigenous people. The contractor will be responsible for participating in meetings with various United Nations (UN) bodies, United States leadership, DOI political leadership, indigenous peoples, and other institutions and stakeholders, and will provide guidance and advice to the SIO Chief of Staff and DOI leadership related to various topics associated with rights of all indigenous people and will provide a strategic report for consideration of the SIO Leadership. This work will entail:

Review current policies, practices, and procedures pertinent to the operation of the Department as it relates to all indigenous people.

Review past and current practices of the Immediate Office of the Secretary and the Assistant Secretary for Indian Affairs, and develop best practices and recommendations for improvement.

Identify and analyze trends in the Department as it relates to indigenous people.

Make recommendations for policy and program changes where data and best practices warrant such actions and are in the best interest of the SIO, DOI, and all of the indigenous people.

Ensure recommendations follow all federal laws, regulations, standards, and DOI guidance and that such recommendations will result in the SIO and the Assistant

Strategic Consulting Services DOI – Secretary’s Immediate Office

As a result, Kristen Carpenter Consulting, LLC is the only source capable of providing these services to DOI at the level of experience and background required as it is unique and specialized. The contractor has experience listed above and participated in the UN’s Expert Mechanism on the Rights of Indigenous Peoples from 2017 through 2021. The owner, Kristen Carpenter, is the only one that has served in this role for this amount of time in the United States.

She has actively addressed the UN General Assembly on these topics. She has 20+ years of independent expertise on Indigenous People issues, has instructed at the UN Institute for Training and Research, provided training on Indigenous People on their rights. She has published numerous books and articles on Federal Indian Law and Indian Civil Rights. She is a co-lead on the “The Implementation Project: Realizing the UN Declaration on the Rights of Indigenous Peoples” which fosters awareness of the Declaration in Indian Country and works closely with indigenous leaders on implementation efforts. She serves as a Professor at the University of Colorado Law School and taught courses on Indigenous People International Law, and American Indian Law along with a degree in Native American Studies.

Kristen Carpenter Consulting, LLC is the only known contractor who can provide the specialized skills and expertise needed for this effort. Due to the firm’s vast familiarity with the subject matter from working at the UN and their outstanding leadership skills in the area, their recommendations would provide a high level of credibility and confidence for the Government to consider when evaluating the program moving into the future. Additionally, their familiarity with the subject matter will help ensure that a timely and in-depth recommendation can be provided within the timeframe allotted.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Market research for this acquisition was conducted in accordance with various methods identified in FAR Part 10. There is no service that could be substituted. Searches of legal consultant yielded no results with the qualifications needed. A notice was posted on SAM.gov on April 19, 2023, of the Government’s intent to issue a sole source award to Kristen Carpenter Consulting, LLC. The announcement closed on April 26, 2023 with no responses received from any other outside firms indicating interest in this procurement.

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

Based on the information provided and increased functionality, the contracting officer determines that the anticipate price will be fair and reasonable based on surveying a comparison of costs of commercial services provided by other attorneys and any supporting documentation provided by the contractor.

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.

Strategic Consulting Services DOI – Secretary’s Immediate Office

Kristen Carpenter Consulting, LLC is the only known company that offers the necessary services. As mentioned above, the Government did post a notice of its intent to issue a sole source contract to Kristen Carpenter Consulting, LLC for these services. No firms contacted the Government indicating that they offered similar services.

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

There are no other relevant facts.

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

Kristen Carpenter Consulting, LLC.

305 Forest Avenue Boulder, CO 80304

11. A statement of the 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.

The Government will reassess its service requirements at a future date. The agency will conduct appropriate market research to determine sources for those services. A sources sought notice will be posted through SAM.gov to assist in permitting commercial offerors to provide solutions.