Final JA Redacted.pdf

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Version 01/26/2021

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

General Services Administration (GSA)

Federal Systems Integration and Management Center (FEDSIM)

JUSTIFICATION AND APPROVAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION 47QFCA21R0020

INTERAGENCY AGREEMENT NUMBER

The General Services Administration (GSA) makes this Justification and Approval

(J&A) for Other Than Full and Open Competition orders pursuant to Federal

Acquisition Regulation (FAR) 6.302.

1. Identification of Agency and Contracting Activity:

Agency:

General Services Administration (GSA)

Federal Systems Integration and Management Center (FEDSIM)

Acting in support of Executive Office of the President (EOP) Presidential Personnel

Office (PPO)

Contracting Activity:

GSA FEDSIM Contracting Office (QF0B)

1800 F Street, NW

Washington, D.C. 20405

2. Nature and/or Description of Action Being Approved:

This is a justification to award a Firm-Fixed-Price (FFP)/Labor Hour (LH) contract to

Michele Ruiz Productions LLC [DUNS: 078357578] under the Woman Owned Small

Business (WOSB) Program, Section 8(m) of the Small Business Act (15 U.S.C. 637(m)), to provide Diversity, Equity, and Inclusion (DEI) training workshops and professional consulting services to new and incoming Federal agency appointees and employees.

The Government’s Independent Cost Estimate (IGCE) is $80,200 with a base period of

$66,600 and two Option Periods of $6,800 each. GSA has provided sufficient funding in

FY21 to fully fund the contract.

3. A Description of Supplies/Services Required to Meet Agency’s Need:

EOP/PPO is the White House office tasked with vetting new appointees. The PPO recruits, screens, and recommends qualified candidates for Presidential appointments to

Federal departments and agencies. The mission of the office is to provide the president with the best applicants possible for presidency-appointed positions. It also provides policy guidance for federal departments and agency heads on conduct for political activities.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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This requirement is to design, coordinate, and execute implicit bias workshops and structured consultation sessions to support incoming appointees and other Federal leadership positions. This training and professional support services is an extension of the DEI training provided to appointees pre-presidential inauguration, this instructor-led engagement will provide participants an opportunity to gain deeper exposure and application of integral DEI concepts. Specifically, appointees will develop additional skills and strategies to recognize and mitigate bias in order to advance inclusive and equitable cultures within their teams and agencies.

The overarching goals of the workshops and consulting services are to:

● Engage in conversations around modern-day discrimination

● Develop an awareness of personal implicit bias using the latest scientific assessments

● Learn about how factors, such as personality and specific social conditions (i.e.

stress) impact implicit bias

● Understand the ways in which implicit bias can impact the behaviors of well-intentioned individuals, and that few of us are immune to society’s deeply rooted social stereotypes

● Understand the impact of implicit bias on policy making and the cultural climate of an organization

● Understand how to reduce and control implicit bias in order to achieve positive intergroup experiences

● Have numerous counter-stereotypical examples of negatively stereotyped groups that will counteract negative attitudes

● Participate in a training that steers away from causing negative feelings (i.e. guilt, sadness, discouragement, anger, etc.)

4. An Identification of the Statutory Authority Permitting Other Than Full and Open

Competition:

The authority under which this J&A is made is pursuant to FAR 6.302.

a. FAR 6.302-5, Authorized or Required by Statute

This Sole Source contract will be awarded pursuant to the authority of 41 United States

Code (U.S.C.) 3304 as implemented by FAR 6.302-5.

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the

Nature of the Acquisition Requires Use of the Authority Cited:

Prior to the United States’ Presidential Inauguration on January 20, 2021, diversity, equity and inclusion-centered training was a core component of the Transition’s work, specifically work around understanding and reducing bias in key people processes, such as hiring and onboarding.

worked with the Transitions Leadership and Training team to build the initial outline for appointee implicit bias workshops based on research and

FEDSIM is a Client Support Center housed within GSA, FAS, AAS Page 3 the DEI values the Federal Government is looking to embed from the start of the administration.

On January 20, 2021 an Executive Order (EO) was signed entitled “Executive Order on

Advancing Racial Equity and Support for Underserved Communities Through the

Federal Government”. It is the policy of the current Administration that the Federal

Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.

To support this EO policy, PPO looks to carry forward a hiring and interview process to onboard political appointees, to ensure their processes are continuing to reduce bias. To that end, they want to be sure they are instilling those principles in managers, both in their hiring practices and their approach to creating culture and structures for their new teams, as well as build awareness around bias for all appointees. is an expert in the field of bias and has done extensive research, including various publications and teaching at the university-level within the field.

The purpose of the WOSB Program is to ensure women-owned small business concerns have an equal opportunity to participate in Federal contracting and to assist agencies in achieving their women-owned small business participation goals. The WOSB program allows for sole-source awards to a WOSB concern when the total value of the planned award is less than $4.5M and if the Contracting Officer (CO) does not have a reasonable expectation that offer would be received from two or more WOSB concerns. As Michele

Ruiz Productions is a sole source award to them is determined appropriate.

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many

Potential Sources as Practicable:

No other efforts were made to solicit other potential sources. In accordance with FAR

5.202(a)(13), the CO need not publicize proposed contract actions if the proposed contract action is for an amount not anticipated to exceed the simplified acquisition threshold.

FAR 19.1506 governs WOSB sole source awards and states that a CO shall consider a sole source award to a WOSB concern, eligible under the WOSB program, if the CO does not have a reasonable expectation that offers would be received from two or more

WOSB concerns; the acquisition is assigned a NAICS code in which the Small Business

Administration (SBA) has determined that WOSB concerns are substantially underrepresented in Federal procurement; and the WOSB concern has been determined to be a responsible contractor with respect to performance.

Based on market research, the CO does not have a reasonable expectation that offers would be received from two or more WOSB concerns. In addition, the NAICS for this requirement, 541612 – Human Resources Consulting Services, is a code that the SBA has determined that WOSB concerns are underrepresented. The WOSB, Michele Ruiz

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Productions LLC is determined to be a responsible contractor. This will be reaffirmed prior to the contract award.

7. A Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable:

Based on the data gathered, the Contracting Officer will determine that the anticipated cost to the Government will be fair and reasonable. The expectation of reaching a fair and reasonable price was determined through market research in order to determine best value for PPO. The total amount of funding required for the total estimated base period of three

(3) months is approximately $25,000.

8. A Description of the Market Research Conducted and the Results or a Statement of the Reason Market Research was not Conducted:

FAR 10.001(a)(2) states that market research appropriate to the circumstances must be conducted. The Government conducted market research to verify and determine that the noted contractor is a WOSB and thus eligible under the WOSB program to receive a sole source award. Given the total estimated dollar value, the Government did not consider more advanced market research techniques, such as a Request for Information, to be necessary for this requirement. The Government did perform internet searches for companies who provide similar type services, and also queried the client agency for their input on known entities who have provided similar type services previously, and did not find any other noted WOSB concerns. The contractor does not have any negative performance noted in either FAPIIS or CPARS.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

Not Applicable

10. A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the

Acquisition:

To date, the Contracting Officer has not received any statements of interest regarding the proposed Sole Source effort, with the exception of the incumbent provided, Michele Ruiz

Productions LLC.

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:

The Government is not taking any additional action at this time.

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, and I determine on the basis of the findings above that an other than full and open

FEDSIM is a Client Support Center housed within GSA, FAS, AAS Page 5 competition approach is in accordance with the requirements and is in the best interest of the Government.

Technical and Requirements Personnel Assertion:

The Technical and Requirements Personnel assertion is provided as an Attachment.