FY26 WSLC SoleSourceJustification.docx

Sole Source CONTRACT Filing Justification Template

Use the following justification template for preparing to file sole source contracts in the Sole Source Contracts Database (SSCD). Once completed, copy and paste the answers into the corresponding SSCD question and answer fields. You will also need to include a copy of this completed form in the documents you post to your agency website and in WEBS.

What is a sole source contract?

"Sole source" means a contractor providing goods or services of such a unique nature or sole availability that the contractor is clearly and justifiably the only practicable source to provide the goods or services. (RCW 39.26.010)

Unique qualifications or services are those which are highly specialized or one-of-a-kind.

Other factors which may be considered include past performance, cost-effectiveness (learning curve), and/or follow-up nature of the required goods and/or services. Past performance alone does not provide adequate justification for a sole source contract. Time constraints may be considered as a contributing factor in a sole source justification, however will not be on its own a sufficient justification.

Why is a sole source justification required?

The State of Washington, by policy and law, believes competition is the best strategy to obtain the best value for the goods and services it purchases, and to ensure that all interested vendors have a fair and transparent opportunity to sell goods and services to the state.

A sole source contract does not benefit from competition. Thus the state, through RCW 39.26.010, has determined it is important to evaluate whether the conditions, costs and risks related to the proposal of a sole source contract truly outweigh forgoing the benefits of a competitive contract.

Providing compelling answers to the following questions will facilitate DES’ evaluation.

Specific Problem or Need

· What is the business need or problem that requires this contract?

Per State Board for Community and Technical College Policy 4.40.20, “each community and technical college or college district is required to have an industry advisory committee for each program and to follow approved College Advisory Committee Procedures”, as adopted under policy 4.40.20. These procedures require that, “advisory committees must be comprised of equal numbers of employees and employers representing local business, labor, and industry.” These policies and procedures exist to implement RCW 28B.50.252 Districts offering vocational educational programs – Local advisory committees – Advice on current job needs.

As a result of the above-cited statute, policy and procedures, the community and technical college system of 34 two-year colleges has a continual need for organized labor representation on each of approximately 1,000 professional and technical program and general advisory committees, and worker retraining committees. The colleges also require consultation from employer-labor representatives about new instructional program development and employee-labor input into grant funding project development across the state. These representatives are necessary to ensure that worker/employee perspectives are adequately represented. The colleges have experienced both shortages of labor representatives and difficulties recruiting labor members without assistance when they don’t have the resource of a labor liaison. A dedicated organization with labor connections across the state is required to effectively recruit, train, and retain sufficient labor representation on the mandated committees. The focus is to strengthen and align college workforce education and training programs to the needs of industry including, but not limited to, Worker Retraining, Job Skills and Registered Apprenticeship. The primary focus is the increased effectiveness of advisory committees and insight from trades professionals.

Sole Source Criteria

· Describe the unique features, qualifications, abilities or expertise of the contractor proposed for this sole source contract.

The Washington State Labor Council – AFL-CIO is the leading and most comprehensive statewide organization representing organized labor across a broad spectrum of union affiliations. Its organization includes a workforce development team of professionals who are focused on direct worker support around unemployment and Trade-Act assistance; workforce development systems representation of workers; assisting unions with navigating the public workforce system; layoff aversion; and job creation/training development. Thus, its staff has highly specialized historical and organizational knowledge, relationships and access to appropriate representatives of organized labor, which is the fundamental qualification for the statewide labor liaison function.

The Washington State Labor Council, in its service as labor liaison, has developed unique relationships with and knowledge of the state's colleges such that the contractor is able to operate with a great deal of cost effectiveness and efficiency.

· What kind of market research did the agency conduct to conclude that alternative sources were inappropriate or unavailable? Provide a narrative description of the agency’s due diligence in determining the basis for the sole source contract, including methods used by the agency to conduct a review of available sources. Use DES’ Market Research Template if assistance is needed.

SBCTC completed the Market Research template (DES 140-00) which yielded unsatisfactory results. This includes internet searches, looking at current state resources, a search of current state contracts, and a review of WEBS.

A review of internal agency resources identify that these services fall outside the scope of and expertise staff at the State Board for Community and Technical Colleges (SBCTC) and Washington’s community and technical colleges. It has been determined that we need personnel who have specific expertise, connections, historical perspective, and relationships with organized labor in order to adequately inform, recruit, train, and retain appropriate labor representatives for college advisory committees. Contracting with an organization with labor expertise and membership more closely aligns SBCTC with this important constituent group and cannot be done with other public resources. Publicly available lists representing certain labor sectors do not provide adequate details of skill and knowledge to identify a good match for advisory board representation. Searches for “labor liaison” and similar terms yielded results for internal HR positions (private sector, hospitals, etc.) and for national consultants who help employers manage labor relations. These are not germane to the services SBCTC requires. Additionally, based on our knowledge and experience of the described need for labor liaison services, we have determined there are no governmental resources or agencies that have any substantive expertise with the community & technical college system and public workforce development system, combined with noted expertise and relationship with labor.

· As part of the market research requirements, include a list of statewide contracts reviewed and/or businesses contacted, date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

03024 Executive Recruitment Consulting Services This Statewide Contract for Executive Recruitment Consulting Services is for eligible purchasers to purchase services to identify and recruit qualified candidates for executive or senior level leadership and management roles.

Not appropriate for a labor liaison role.

00220 Employment and Income Verification & Public Records Search Services This contract is for Employment and Income Verification & Public Record Search Services (EIV & PRS Services).

The state has no statewide or master contract for Organized Labor organizations to provide input or consulting.

· Per the Supplier Diversity Policy, DES-090-06: was this purchase included in the agency’s forecasted needs report?

No.

· Describe what targeted industry outreach was completed to locate small and/or veteran-owned businesses to meet the agency’s need?

By nature, it would be inappropriate for a business of any size (small, mid-sized, or large) to do this work. The Washington State Labor Council is a non-profit Organized Labor organization. The work needs to be done by organized labor, which is by definition not a small or veteran owned business.

· What considerations were given to unbundling the goods and/or services in this contract, which would provide opportunities for Washington small, diverse, and/or veteran-owned businesses. Provide a summary of your agency’s unbundling analysis for this contract.

By nature, it would be inappropriate for a business of any size (small, mid-sized, or large) to do this work. The Washington State Labor Council is a non-profit Organized Labor organization. The work needs to be done by organized labor, which is by definition not a small or veteran owned business.

· Provide a detailed and compelling description that includes quantification of the costs and risks mitigated by contracting with this contractor (i.e. learning curve, follow-up nature).

Because the Washington State Labor Council has been doing this work with the community and technical college system for many years, they are uniquely able to perform the work in a more timely and efficient manner than any other contractor could. Inherent and current system knowledge means the deliverables can be completed in the most efficient and cost-effective manner.

· Is the agency proposing this sole source contract because of special circumstances such as confidential investigations, copyright restrictions, etc.? If so, please describe.

.No

· Is the agency proposing this sole source contract because of unavoidable, critical time delays or issues that prevented the agency from completing this acquisition using a competitive process? If so, please describe. For example, if time constraints are applicable, identify when the agency was on notice of the need for the goods and/or service, the entity that imposed the constraints, explain the authority of that entity to impose them, and provide the timelines within which work must be accomplished.

No.

· What are the consequences of not having this sole source filing approved? Describe in detail the impact to the agency and to services it provides if this sole source filing is not approved.

Failure to execute the sole source filing would result in violation of the requirement described in RCW 28B.50.252 mandating that we "include representatives of business and labor who reflect the local industry and the community" in all college professional and technical program advisory committees. The lack of labor representation on advisory committees would cause a secondary impact of an inability to start or revise instructional programs to meet the needs of new and emerging industry and labor demand, thus negating our states opportunities for economic growth and delivery of superior educational programs.

Sole Source Posting

· Sole Source Posting on Agency Website - Provide the date in which the sole source posting, the draft contract, and a copy of the Sole Source Contract Justification Template were published on your agency’s website.

6/23/2025

· If failed to post, please explain why.

· Provide the date in which the sole source posting, the draft contract, and a copy of the Sole Source Contract Justification Template were published in WEBS.

6/23/2025

· If failed to post, please explain why.

· Were responses received to the sole source posting in WEBS?

· If one or more responses are received, list name of entities responding and explain how the agency concluded the contract is appropriate for sole source award.

Reasonableness of Cost

· Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable? Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

SBCTC researched salaries for consultants who do work that is similar in nature to what we need. While there aren’t any positions exactly like the work we are seeking in this contract, we averaged salaries for similar positions that we found. The amount of work required in this contract will take approximately .5 full-time equivalent staff to complete. The cost of full time salaries and employee benefits for similar positions is slightly more than the total value of this contract. There are many things this contractor is able to do at a fraction of the time and cost due to this contractor’s unique qualifications, experience, and relevant industry relationships. We estimate costs for .5 FTE staff in this role plus associated benefits, travel (travel is extensive to serve 34 community and technical colleges statewide), and supplies/materials to exceed the $100,000 value of this contract.

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