Justification for Exception to Fair Opportunity redacted.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FOR REQUIREMENTS EXCEEDING THE MICRO PURCHASE THRESHOLD BUT NOT EXCEEDING THE

SIMPLIFIED ACQUISITION THRESHOLD

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Any order exceeding the simplified acquisition threshold placed against a multiple award contract, including any Governmentwide acquisition contract (GWAC) that does not provide for fair opportunity (see FAR 16.505(b)(1)) must be justified in accordance with FAR 16.505(b)(2)(ii). For acquisitions exceeding the micro purchase threshold but not the simplified acquisition threshold, this template may be used for this purpose. Note that no justification is needed when fair opportunity will be restricted based on small business set-aside.

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Exception to Fair Opportunity for Requirements NOT Exceeding the Simplified Acquisition Threshold".

Contracting Activity Processing the Requirement: FACN

Name of Organization Originating the Requirement: Human Resource Division

Identification Number (purchase request/solicitation number): D-24-HR-0039

2. The nature and/or description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

This is a new award for subscription member-based Federal Human Capital Collaborative and professional development

3. A description of the supplies or services required to meet the agency's needs and estimated value.

The Federal Human Capital Collaborative is an inclusive, membership-based community for only federal agencies of all sizes, dedicated to addressing workforce challenges, sharing best practices, and fostering HR leadership. It offers quarterly meetings featuring expert speakers on topics such as AI, data sharing, and managing presidential transitions. The Collaborative supports members in navigating challenges while shaping efforts for political appointments and federal workforce reform. Benefits for members include access to the Emerging HR Leaders Program, the Advanced HR Leaders program, and discounted participation in the Federal Human Capital Conference, enhancing professional development and leadership capabilities.

Total estimated value inclusive of all options: $79,999

Period of performance or final delivery date: 6/24/2024 thru 6/23/2025 plus (2) Option years

4.

a. Authority: FAR 16.505 (b)(2)(ii)(A)

b. Basis for exception to Fair Opportunity

c. If applicable, explain the justification for restricting competition: the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

Partnership for Public Service, a nonprofit organization, is the sole proprietor of the Federal Human Capital Collaborative, offering professional training for federal HR leaders. The programs, including Emerging and Advanced HR Leaders, are critical for the agency HR Leadership development and are only available solely through this nonprofit source.

https://www.acquisition.gov/content/part-16-types-contracts#i1104008 https://www.acquisition.gov/content/part-16-types-contracts#i1104008

SIMPLIFIED ACQUISITION THRESHOLD

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Or:

d. Brand Name: Item peculiar to one manufacturer: (A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs):

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

Pricing was determined fair and reasonable IAW FAR 13.106-3(2)(vi)

6. Any other facts supporting the justification.

The Partnership for Public Service’s Federal Human Capital Collaborative is the only provider that offers professional development training specifically designed for federal high-potential HR professionals at the GS-9 to GS-14 levels. The membership also includes the proprietary Leadership tools, quarterly meetings with chief human capital officers across federal agencies and a structured peer-to-peer learning environment that fosters collaboration from various federal agencies. These specialized capabilities are essential for effective HR professional development. No other vendor provides a comparable comprehensive scope of services or offers the Federal Human Capital Collaborative membership.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Market research identified three vendors: Partnership for Public Service, Precise Federal Consulting, and HCI Human Capital Institute. The Partnership for Public Service's Federal Human Capital Collaborative is the sole provider equipped for federal HR development. This collaborative allows federal HR professionals to engage directly with counterparts across various federal agencies, sharing insights and solving federal HR challenges in a context that builds on interagency connections, a critical feature not provided by Precise Federal Consulting or the Human Capital Institute. The role of government HR professionals can't be overstated. Their responsibilities encompass a wide array of functions, from recruitment and retention to benefits administration and labor relations, all critical to organizational success. The Partnership for Public Service is uniquely positioned help HR professionals address the numerous challenges they face, including intensified competition for talent, the complexities of remote work arrangements, and the constraints of limited resource.

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Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Limited Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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Reviews and Approvals

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________ Date _______________ Signature https://www.ecfr.gov/cgi-bin/text-idx?SID=2a2e815080eb0d8886542a3d1645cf13&mc=true&node=pt48.6.2806&rgn=div5#se48.6.2806_1304