F03_JA_-_21D0008_P00008_(Final)(20250725)_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

CONTRACT 140D0421D0008 P00008

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, Interior Business Center, Acquisition Services Directorate, Division 5, Branch 2, on behalf of the Department of the Interior University.

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

The Falmouth Institute, Incorporated 11350 Random Hills Rad, Ste 800 Fairfax, VA 22030-6044

SAM UEI: R5BGWW4EZEX6

This action is to modify an existing Indefinite-Delivery Indefinite-Quantity (IDIQ) contract 140D0421D0008 to increase the ceiling value by $164,954.52 from $465,045.48 to $630,000.00.

The current ceiling is not sufficient to continue placing the remaining planned orders through the end of the ordering period which is August 31, 2026. To date, the Government has obligated $402,786.69 against the IDIQ.

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

This IDIQ provides for training on how to interact with Tribal Nations in decision making and consultation. The training is a three-day training course that can either be provided virtually or in person. It provides a foundational understanding of policies on Tribal engagement, cultural awareness, and the engagement process. The interactive course utilizes blended learning and includes practical exercises related to tribal consultation, Federal Indian Law, and American Indian culture. The number of classes per year can vary, but they have typically been around 10 per order each year. Classes are three days for up to 25 people. Additional people over 25 results in additional costs per person. Due to needing more classes that originally projected with the award of the IDIQ, the Government will soon meet and exceed its current ceiling value.

The Government is planning approximately 10 more classes for both fiscal year 2026 and 2027.

As a result, it will need the ceiling to be increased by $164,954.52 in order to accommodate for these additional classes.

Sole Source Justification

DOIU

Tribal Consultation Training

The original IDIQ was competitively award on August 31, 2021 and included a five year ordering period.

4. An identification of the statutory authority permitting sole source acquisition.

This is an acquisition conducted under the authority of the Simplified Procedures for Certain Commercial Items. The statutory authority permitting sole source acquisition is 41 U.S.C 1901 as implemented by FAR 13.501(a)(1)(ii).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

As this training is essential and mandated by law, Secretary Orders, and Executive Orders (EO) 3206 & 13175, it is vital that the training continue in a timely fashion for the attendees, so the Government can ensure that tribal issues are considered in our decision making process. Failure to ensure appropriate individuals have the necessary training would jeopardize the United States’ long-standing and inter-government relationships with Indian Tribes. Appropriate consultation practices, they honor the government-to-government relationship between Indian Tribes and the United States and complies with the Presidential Memorandum of November 5, 2009 which affirms the obligation of DOI to meet the spirit and intent of EO 13175. The policies covered and taught follows the framework for synchronizing the DOI’s consultation practices with its Bureaus and Offices. The training promotes consultation, collaboration, and interaction with Tribes; outlines and reinforces DOI’s duties concerning tribal interest; and describes the legal trust obligation of the Federal-Tribal relationships; and transfers the knowledge, skills and tools necessary for collaborates engagement to Tribal and DOI Staff engaged in the consultative process. This ceiling increase will ensure DOI will not be in violation with the above-referenced EOs. Additionally with all the recent staffing changes and turnover, it is vital that these classes are available and ready to train these new individuals that will fill these gaps, so we can ensure that we continue to meet our obligations to the Tribal Indians.

In regards to the benefits of continuing this IDIQ with The Falmouth Institute, they provided the best technical offer. They demonstrated that their instructors exceed the requirements stated for facilitating and delivering this training. They had in-depth knowledge, strong understanding of Indian Law, and experience in teaching various Indian topics, including tribal consultation. The other offerors did not have any experience in those areas. The Falmouth Institute has been successfully providing these high quality courses for the past three years against this IDIQ. The increase of ceiling is the most logical approach to ensure the high quality and continued support of these services.

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.

For the reasons stated under Section 5 above, quotes were not solicited from other sources as this is a modification to the current contract in accordance with FAR 52.212-4(c) – Changes. In

Tribal Consultation Training accordance with FAR 5.202(a)(11), the Contracting Officer need not submit the notice when the proposed contract action was made “…under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action.” As the strategy is to increase the ceiling on an existing vehicle which was previously synopsized with an ordering period through August 31, 2026, the posting is not needed as potential offerors would anticipate these services would be procured on this vehicle through the end of the ordering period.

After the contract is modified, a copy of the redacted justification will be publicized to SAM.gov within 14 days of execution of the modification per FAR 13.501(a)(1)(iii).

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

The IDIQ has established pricing for orders issued no later than the end of the ordering period of August 31, 2026. These prices were determined to be fair and reasonable with the award of the

IDIQ.

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.

Market research was not conducted for this proposed modification. This modification is increasing the ceiling on the IDIQ contract. The IDIQ is considered commercial services and was successfully solicited on SAM.gov as a small business set-aside. Though there could be potentially other firms that may be available today, versus during the original solicitation period, it is still logical that that the Government continue its services under IDIQ. This approach, versus a resolicitation, would result in continuing to meet the Department’s training meets and the EO requirements.

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

None

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

Other than the original procurement of the IDIQ, no sources have expressed an interest in providing these services.

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.

No further actions need to be taken to remove barriers to competition prior to the modification of this IDIQ. Market research will be conducted for the reprocurement of the IDIQ which will dictate the future strategy for the reprocurement of these services. As the

Tribal Consultation Training

IDIQ was competed, it is highly probable that the future action will continue to be competed.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

Joan Clarkston Contracting Officer

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

April Gonzalez Contracting Officer’s Representative Department of the Interior’s University

14. Reviews and Approvals

Approve

Joan Clarkston Contracting Officer