F3_JA_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION AUTHORITY:

FAR 6.302, 41 U.S.C. 3304

CONTRACT # 140D0418D0007 Kearns & West IDIQ

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is supported by the following facts and rationale required under FAR 6.303-2

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition for the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), Division 2, Branch 5 in support of the Office of Collaborative Action and Dispute Resolution (CADR).

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

This action is to increase CADR’s current Indefinite Delivery Indefinite Quantity (IDIQ) contract ceiling by $15,000,000 from $23,500,000 to $38,500,000. This requirement provides commercial conflict management services for the DOI CADR office. The current contract is awarded to Kearns & West, Inc, 233 Sansome St STE 400, San Francisco, CA 94104 with an ordering period of July 7, 2018, through July 6, 2023.

Over the course of the current five-year ordering period, CADR has experienced a higher than anticipated operations tempo in support of the efforts described in section 3.

As of April 1, 2022, AQD has issued 127 task orders with a total amount of $20,455,230.64. CADR projects immediate orders in the amount of $6,108,299.89 with an additional anticipated amount of $8,500,000 by the end of the period of performance.

As AQD prepares the re-compete for the follow-on contract, we are requesting an increase in the ceiling to ensure minimal risk to the mission supporting our CADR clients.

3. A description of the supplies or services required to meet the agency’s needs

(including the estimated value).

CADR is located within the Office of the Secretary under the Assistant Secretary for Policy, Management and Budget (PMB) of DOI. The CADR office is charged with promoting effective conflict management and appropriate dispute resolution with respect to conflict that is internal to DOI and its bureaus, such as conflict in the workplace, as

CONTRACT # 140D0418D0007

well as conflict between DOI and its bureaus, and external parties. Internal conflict falls under the DOI/CADR CORE PLUS program. The CADR office uses the IDIQ contract to obtain services that allow DOI to better utilize public participation, collaborative problem-solving and alternative dispute resolution processes to prevent, manage, and resolve external conflicts. This action is to increase the contract ceiling by $15,000,000 from $23,500,000 to $38,500,000.

4. An Identification of the statutory authority permitting other than full and open competition.

FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1)

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

As described in FAR 6.302-1, procurement by other than full an open competition to Kearns & West is necessary because currently there is only one responsible source that can provide these services within the timelines needed. This IDIQ has various requirements that have been submitted to CADR for processing under this IDIQ. The timelines of each of these projects are different and in addition, there are more projects in process to be awarded under this IDIQ. Kearns & West is unique qualified because they have a current contract. An award to any other vendor in the timeframe it would take to recompete this requirement would result in substantial duplication of cost in administrative time to recompete to the Government that is not expected to be recovered through competition.

The re-compete of service will take, at a minimum, nine (9) months to complete. CADR does not have the ability to stop providing services to their clients. CADR provides services to all the bureaus with this requirement and discontinuing those services to do a recompete would mean these bureaus would not be able to get these services and AQD would be at risk of losing these requirements. AQD plans to start working the re-compete procurement as soon as possible, but in the meantime, CADR needs a contract vehicle to continue providing services. As such, due to the current need, an award to any other source for these services would result in unacceptable delays in fulfilling ongoing DOI requirements and substantial duplication of cost.

The current planned projects and estimated values that have Interagency Agreements in place or in progress are as follows. These projects are currently in the works of having task orders done and/or are waiting on this modification to complete.

NPS Cultural Resources Strategic Planning $4,975.60 NPS Pullman National Monument Plan $68,567.03 BLM Omnibus VII $481,231.95 BOEM West VII $1,174,046.37 USBR Long-Term Operations Water Project $3,830,540.84

USGS CASC Strategic Plan $220,741.09 FWS Wind Working Group IV $37,212.70 BLM DRECP Programmatic Agreement $219,169.42

The use of the CADR IDIQ contract has increased dramatically over the years. CADR and AQD has proven to be an excellent asset for the bureaus in getting these services accomplished and there seems to be more need. The projects supported by CADR’s IDIQ contract have become larger and more complex than expected. The CADR office anticipates that the size, demand, and complexity of the future projects will continue to increase for the remaining life of the contract.

With third and fourth quarter approaching, it is highly anticipated that there will be an additional $15,000,000 in requirements for this IDIQ contract prior to the contract expiration date.

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

The current contract, 140D0418D0007, was awarded as a full and open competition with no set-asides and was publicized as required. Six proposals were received and evaluated. It was awarded to a 100% woman owned small business. The Government will begin the re-compete requirement as soon as possible.

A special notice was posted to SAM.gov on April 28, 2022, stating the intent of this justification.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

The contracting officer determines that the anticipated price will be fair and reasonable based on the competitive pricing that was considered fair and reasonable at the time of award that was negotiated and this pricing will be used for this ceiling increase. It is also important to note that this ceiling increase will be using the prices that were negotiated from 2018 are being carried forward without increased for recent inflation. The pricing was determined fair and reasonable at the time of award in accordance with FAR Part 15, price reasonableness based on competitive offers.

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.

Extensive market research was conducted prior to award of the current contract. A sources sought notice was published and the Government received two (2) responses on the current contract. The requirement was solicited as a full and open competition. Additional market research is not necessary for this action as it is to raise the ceiling of the current contract. The re-compete will be worked within the next few months.

9. Any other facts supporting the use of other than full and open competition.

This requirement was awarded using full and open competition. The anticipated modification to raise the ceiling of this IDIQ contract is because the demand/uptick in client requests has greatly increased from the initial Government estimate. If the Government is unable to raise the ceiling of this IDIQ contract, the CADR internal customers will not be serviced making these customers have to go elsewhere to obtain these contracted services or go without until a re-compete can be accomplished. It is possible that if they can obtain these services through a different contracting office, these requirements may not be brought back to AQD. It will take a minimum of nine (9) months to a year to put the new contract in place and these different bureaus that are supported would most likely not be able to accomplish their missions as any other contracting office would also have to do a recompete.

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

None as of this time.

11. A statement of any 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.

To overcome any potential competition barriers, the contracting officer will conduct extensive market research to find capable vendors to invite to respond to the re-compete procurement. The solicitation will be posted to obtain maximum competition amongst vendors.

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.

Jamie Gregar (Contracting Officer) Date

13. Requirement’s 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.

Lisa Kool (Program Office/COR) Date

14. Reviews and Approvals

Concur

Valerie Flynn (Team Lead) Date

Concur

Angela Kearney (Branch Chief) Date

Concur

Rebecca Fentzke (Division Chief) Date

Concur

Michael Farrell (Bureau Competition Advocate) Date

Approve

Sharon Roberts (Head of the Contracting Activity) Date

JAMIE GREGAR Digitally signed by JAMIE GREGAR Date: 2022.04.29 14:54:37 -05'00'

LISA KOOL Digitally signed by LISA KOOL Date: 2022.04.30 08:55:10 -04'00'

VALERIE FLYNN

Digitally signed by VALERIE

FLYNN

Date: 2022.05.02 07:27:47 -06'00'

Angela S. Kearney Digitally signed by Angela S. Kearney Date: 2022.05.09 13:10:25 -04'00'

REBECCA FENTZKE Digitally signed by REBECCA FENTZKE Date: 2022.05.17 08:23:15 -04'00'

MICHAEL FARRELL Digitally signed by MICHAEL FARRELL Date: 2022.05.18 17:59:04 -04'00'

SHARON ROBERTS Digitally signed by SHARON ROBERTS Date: 2022.05.26 14:04:28 -04'00'