Brand Name Justification.pdf

SIMPLIFIED ACQUISITION SOLE SOURCE JUSTIFICATION

FOR ACQUISITIONS USING SIMPLIFIED ACQUISITIONS

Activity: The Department of Health and Human Services, Indian Health Service (IHS) proposes to enter into a purchase order on a basis of other than full and open competition for the following acquisition as implemented by FAR Subpart 13.106-1(b).

1. Requisition Number: IHS1519300

2. Description of Supplies or Services: The Government requires enterprise-level licenses for the Pluralsight online technical training platform to support IT workforce development across the Phoenix Area Office. The requirement includes access to:

• Proprietary Skill IQ and Role IQ role-based technical assessments

• Integrated analytics for workforce competency benchmarking

• Structured certification-aligned learning paths

• Supervisor assignment, tracking, and reporting functionality

• Preservation of existing historical training records and skill baseline data

The BPA will provide annual subscription licenses over a five-year ordering period.

3. Estimated Value of Procurement with Options: $

4. Recommended Sources: Pluralsight, LLC (Manufacturer)

42 Future Way Draper, UT 84020

Socio-Economic: Large Business

Point of Contact: Public Sector Sales Email: publicsector@pluralsight.com Phone: (801) 784-9007

Capability Assessment:

Pluralsight is the sole manufacturer and intellectual property owner of the Pluralsight “Everything” subscription platform, including proprietary Skill IQ and Role IQ assessment methodologies, certification-aligned learning paths, benchmarking analytics, and associated workforce competency scoring frameworks.

The company exclusively owns and maintains the proprietary algorithms, historical user analytics infrastructure, and data preservation mechanisms necessary to maintain continuity of existing Phoenix Area competency baselines. No other manufacturer can provide equivalent access to the Pluralsight proprietary benchmarking framework.

5. Reason for Sole Source/Limited Sources/Expedited Processing:

[ ] Only one source (unique capabilities) [ ] Proprietary drawings, specifications, and/or engineering data, patents, copyrights.

[X] Brand Name essential to the Government’s needs.

[ ] Standardization Program supported by Agency Head Determination and Findings (D&F).

[ ] Unusual and Compelling Urgency (limited sources) [ ] Authorized or required by statute mailto:publicsector@pluralsight.com

Justification Narrative: The Government’s requirement is for an integrated, analytics-driven IT workforce development platform that supports measurable skill progression, certification alignment, and long-term workforce planning. The Phoenix Area Office currently utilizes the Pluralsight platform to assess and develop technical competencies across defined IT roles. This requirement is not solely for access to online training content, but for continuation of an established benchmarking and analytics framework that is already embedded within the organization’s workforce development process.

Pluralsight provides proprietary Skill IQ and Role IQ assessment methodologies that generate standardized technical proficiency scores across defined IT domains. These tools allow leadership to establish baseline competency levels, identify measurable skill gaps, and track progression over time. The scoring frameworks and associated analytics are vendor-specific and are not transferable to other platforms. As a result, the historical benchmarking data already established within the Phoenix Area would not carry forward if another vendor’s platform were adopted.

The Phoenix Area has invested in Pluralsight licenses and has developed workforce baselines, structured learning paths aligned to industry-recognized certifications, and supervisory reporting processes within the system. These established metrics support longitudinal trend analysis, certification tracking, and targeted workforce development planning. Transitioning to another platform would eliminate the existing proprietary baseline data and require complete re-baselining of workforce competencies. Such a transition would disrupt ongoing training plans, duplicate previously incurred Government investment, and delay workforce measurement efforts critical to mission support.

Market research was conducted through issuance of a Sources Sought Notice on SAM.gov to Native American firms in accordance with the Buy Indian Act of 1910. The notice was posted for the required ten-day period and resulted in two Native American-owned contractors responding. Both firms demonstrated capability and relevant past performance to provide Pluralsight licenses. Market research confirmed that while multiple vendors are capable of reselling Pluralsight licenses under the Buy Indian Act, Pluralsight is the only platform identified that provides the proprietary benchmarking tools and preserves the historical competency analytics currently established within the Phoenix Area.

Although other commercial online training providers offer course libraries and certification preparation content, none were identified that provide the same integrated proprietary assessment methodology combined with preservation of existing historical workforce data. The Government’s minimum requirement includes continuity of the established benchmarking framework and longitudinal analytics, which are essential to maintaining measurable workforce development progress.

If this acquisition is not awarded as proposed, the Government would lose established competency benchmarks and be required to rebuild workforce baselines from the beginning. This would result in inefficiencies, duplication of prior investment, and disruption to mission-critical IT workforce planning activities.

For these reasons, the Pluralsight brand name is essential to meet the Government’s minimum needs.

Solicitation will be conducted as a Buy Indian Act set-aside among eligible Native American-owned small business resellers. The limitation imposed is no greater than necessary to preserve continuity of established workforce analytics and ensure effective stewardship of prior Government investment.

6. Impact to the Government if not awarded in accordance with the above:

If this acquisition is not awarded as proposed:

• Historical competency benchmarks would be lost;

• Workforce analytics would require redevelopment;

• Ongoing training plans would be disrupted; and

• Additional time and resources would be required to reestablish baseline measurements.

This would negatively impact the Phoenix Area’s ability to measure and manage mission-critical IT capabilities efficiently.

Although the requirement is brand-name specific, competition will occur at the reseller level among eligible Native American-owned small businesses in accordance with the Buy Indian Act. The limitation is no greater than necessary to meet the Government’s minimum requirements.

Based on the Government’s minimum requirements and the results of market research, Pluralsight licenses are the only supplies reasonably available that preserve the established proprietary workforce benchmarking framework currently in use by the Phoenix Area.

Therefore, establishment of a five-year BPA on a limited sources basis under FAR 13.106-1(b)(1) and the Buy Indian Act is appropriate.

7. Program Office Certification

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs or requirements, or other rationale for limited sources, are accurate and complete.

Official Name & Title Signature Date Project Officer Project Officer’s Immediate Supervisor

8. Contracting Officer Certification

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name Signature Date

Contracting Officer Ashley B. Velasquez Digitally signed by Ashley B.

Ashley B. Velasquez -S Velasquez -S Date: 2026.02.27 15:19:24 -07'00' 02/27/2026

*See Attached Applicable FAR References 11.104, 11.105, 6.302-1, 6.303-1 & 6.303-2

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

(a) Authority.

(1) Citations: 10 U.S.C. 2304(c) (1) or 41 U.S.C. 253(c) (1).

(2) When the supplies or services required by the agency are available from only one responsible source, or, for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that-

(A) Demonstrates a unique and innovative concept (see definition at 2.101), or, demonstrates a unique capability of the source to provide the particular research services proposed;

(B) Offers a concept or services not otherwise available to the Government; and

(C) Does not resemble the substance of a pending competitive acquisition. (See 10 U.S.C. 2304(d)(1)(A) and 41 U.S.C. 253(d)(1)(A).)

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition;

or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 253 (d)(1)(B).)

(iii) For DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in-

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition;

or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B).)

(b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all inclusive and do not constitute authority in and of themselves):

(1) When there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by-

(i) Unique supplies or services available from only one source or only one supplier with unique capabilities; or

(ii) For DOD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.

(2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see Part 27).

(3) When acquiring utility services (see 41.101), circumstances may dictate that only one supplier can furnish the service (see 41.202); or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system.

(4) When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items, and only one source is available.

(c) Application for brand name descriptions. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. It shall be justified and approved in accordance with FAR 6.303 and 6.304. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

(d) Limitations.

(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304.

(2) For contracts awarded using this authority, the notices required by 5.201 shall have been published and any bids and proposals must have been considered.