B1 Sole Source Justification_Leadership Development Training_7_18_24.pdf

MEMORANDUM TO THE FILE

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. This acquisition aims to purchase subscription licenses for online leadership and professional development training software that supports Microsoft Windows 10. It is intended to meet the Fleet Readiness Center Southwest (FRCSW), Fleet Support Team (FST) requirement for delivering comprehensive leadership and professional development training through both online and in-person sessions. The selected software must enable FRCSW employees to access a broad portfolio of online training classes and allow designated trainers to conduct in-person sessions.

Additionally, it should provide access to all participant training materials, including guides, tools, and assessments. Compatibility with NMCI computers, Microsoft Edge, and Microsoft Windows 10 is essential, as these licenses are crucial for accessing a vital catalog of professional development offerings necessary for maintaining the efficiency and effectiveness of the Fleet Support Team.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Franklin Covey restricts the use of their proprietary training materials and methodologies, which encompass copyrighted content, training guides, supplemental tools, and assessments essential to their training programs. These restrictions are in place to safeguard Franklin Covey's intellectual property rights, developed through extensive research and experience, establishing them as unique and invaluable in the professional development sector.

The proprietary nature of Franklin Covey's training materials, protected by copyright, means that replicating or substituting these materials with comparable alternatives could potentially infringe on intellectual property rights.

FRCSW-FST requires concrete evidence of training program effectiveness. Franklin Covey's programs are well-documented with case studies and testimonials, demonstrating their significant impact on organizational performance and leadership development.

Certifying the Government to conduct in-house leadership training using Franklin Covey's materials entails a substantial commitment of 16 hours per training session per subject. This investment encompasses not only learning and mastering Franklin Covey's proprietary methodologies and materials but also integrating them into the government's specific training framework.

Opting for another provider would necessitate government recertification processes. This involves restarting the entire leadership training program from scratch with the new provider's materials and methodologies. Recertification ensures the training meets required standards, aligns with organizational goals, and maintains consistency and effectiveness in leadership development efforts.

Choosing to continue with Franklin Covey ensures continuity and reliability in training outcomes, leveraging their established expertise and proven methodologies. This approach minimizes disruption, maximizes efficiency, and upholds the quality of leadership training within the government framework.

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

IAW FAR 6.3012-1 (b): Choosing Franklin Covey ensures a standardization of quality of training across multiple locations and implementations that will best meet FRCSW’s needs for ongoing training requirements. Franklin Covey maintains rigorous standards that encompass:

• Certification processes for trainers.

• Access to updated training modules and certification licenses for trainers.

• Ongoing support to ensure consistency and reliability in training delivery.

Franklin Covey, as the Original Equipment Manufacturer (OEM) of their training materials, collaborates directly with organizations and institutions to customize and deliver training programs. They establish:

• Partnerships and certifications that reinforce their position as the primary source for their proprietary training materials.

• Exclusive agreements tailored to specific industries or sectors, leveraging their specialized expertise and intellectual property rights.

Utilizing Franklin Covey's training programs also includes integrated support systems and additional resources such as:

• Access to updated materials.

• Ongoing professional development opportunities for trainers.

• Technical assistance to facilitate effective implementation.

3. _X_ OTHER REASONS. IAW FAR 6.302-1(a): Substantial duplicative costs that is not expected to be recovered through competition.

1) Ability to use FRCSW Personnel as Certified Trainers. Based on market research performed that identified the top 10 most comparable leadership and employee development training providers in the industry, Franklin Covey is the only company that will allow for onsite NAVY/FRCSW facilitator certification. By allowing in-house facilitators to be trained, FRCSW will be able to:

a. Provide the most flexible and tailored training possible to our customers (our 780 employee division).

b. Enable the ability to schedule trainings around team conferences/events/travel to ensure maximum participation.

c. Offer flexible and regularly available training opportunities that would not be possible utilizing external third party facilitators and their set training schedules.

Based on current offering schedule, should FRCSW not be able to use its own personnel as in-house certified training facilitators, an additional $18,000-20,000 in annual costs would be incurred.

2) Cost Savings of Not Utilizing Contracted Trainers. Using the Franklin Covey training program, FRCSW is able to offer its workforce between 12-16 training courses a year, with no additional expenditures beyond in-house labor. All other training providers would require either instructor rates or material procurement fees in addition to participant labor. This would result in an additional estimated cost to FRCSW of $1,500 - $2,000, per training course offered, based on current industry averages.

3) Cost Avoidance of Re-Certification. Recertifying FRCSW personnel as trainers in an alternate program would require sixteen (16) hours per training course, 7 training courses certified to date, and two (2) trainers to be certified. Based on FY25 labor rate of $161.67 per hour, a total recertification cost of $36,214 would be incurred.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Certification/Approval. See FAR 13.501

Signature Name (Printed) / Phone # Date