ADR_Vantage__-_Part_6_Justification_(FINAL).pdf

Justification and Approval Template FAR Part 6 authority

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 41 U.S.C. 3304(a)(1-7))

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

1. Agency and Contracting Activity.

The Transportation Security Administration (TSA), Office of Human Capital (OHC), National Resolution Center (NRC) and the Office of Training and Workforce Engagement (OTWE) along with the Office of Acquisition propose to enter into a contract on a basis other than full and open competition for the continual services of Conflict Management Support. Accordingly, the TSA intends to award a bridge contract to ADR Vantage, Incorporated, for a base period of performance of May 21, 2015 through November 20, 2015 with one six (6) month option.

2. Nature and/or Description of the Action being Approved.

This requirement is for the continuation of the implementation of the Facilitator Development and Certification Pilot Program, while TSA simultaneously conducts a competitive acquisition. In order to complete the training portion of the pilot program with the current candidates in the program it is more efficient to maintain continuity of the current services. In addition, ADR Vantage services include facilitation services, training, conflict management and employee engagement support services as required at sites throughout the TSA network. Requirements include establishing processes and procedures that will support the sustainment of initiatives designed to build internal capacity and competency in facilitation, cooperative problem solving, and conflict management, as well as support other engagement initiatives.

The following information is included:

(a) Type of action: Labor Hour Contract

(b) Amount: $876,936

(c) Type of funding: Operations and Maintenance funds

(d) Year of funding: FY 2015/16; and

(e) Brief description of contract action: Sole Source bridge contract to ADR Vantage, Incorporated, located at 1660 L Street NW, Suite 501, Washington, DC 20036

3. Description of Supplies/Services.

ADR’s services are currently required for the continuation of the implementation of the Facilitator Development and Certification Pilot Program for an estimated cost of $876,936.00, while TSA simultaneously conducts a competitive acquisition. In order to complete the training portion of the pilot program with the current candidates in the program, it is more efficient to maintain continuity of the current services. Requirements include establishing processes and procedures that will support the sustainment of initiatives designed to build internal capacity and competency in facilitation, cooperative problem solving, and conflict management, as well as support other engagement initiatives.

In addition, ADR’s services are currently required for continual critical support for 1) the implementation of interest-based dispute resolution services for all employees (including Bargaining Unit and non- Bargaining Unit Employees); and 2) the continual development and implementation of the Facilitator Development and Certification program. The service provides facilitation services enabling TSA to develop internal capacity in facilitation skills leading to more effective and efficient meetings, better decisions, and employee engagement.

The specific services will continue as follows:

• Review and Development of Materials that support Facilitator Development

• Facilitation of Development Workshops

• Mentoring/coaching of new facilitators – to include skills assessment

• Facilitating and/or co-facilitating meetings for teams/offices across TSA

• Facilitator Certification MD (research & development)

• Identifying and vetting resources for Employee Engagement Toolkit

• Providing customized neutral assistance to help individuals and teams solve problems cooperatively, enhancing open communication and overall effectiveness.

• Train, mentor and assess internal mediators in support of an internal mediation initiative.

• Provide services for alternative dispute resolution processes such as facilitated discussions, group facilitated processes; joint meetings, individual meetings; coaching; or other agreed-upon processes.

Estimated Period Total

Base Period 6 mo $438,468

Option Period 1 6 mo $438,468

Total $876,936

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstration that the Nature of the Acquisition Require Use of the Authority Cited.

The sole source bridge award enables the continuation of critical services during the solicitation, source selection and award of a longer term contracted services solution. The current time frame does not allow for the competitive procurement process to take place.

ADR Vantage is currently providing critical support for the development and implementation of the Facilitator Development and Certification program which is one of several initiatives that enable OTWE to achieve its goals and objectives. ADR Vantage is providing facilitation services and helping with the development of internal capacity in facilitation skills which in turn supports more effective and efficient meetings, better decisions, and employee engagement. While OTWE has made significant progress on the design and implementation of the Facilitator Development and Certification Program and recently launched the Development Workshops, OTWE is in the process of launching the Facilitator Community of Practice meetings.

Without ongoing help on this initiative, the current momentum that OTWE has achieved will be lost and it will be extremely difficult to regain the associated interest and trust that offices and individuals have developed. Also, without the ongoing support for this project there would be a ripple effect on other projects and programs OTWE currently supports.

Additionally, the NRC has relied on ADR Vantage to provide expertise in training, mentoring and assessing internal mediators. The NRC also requires ongoing support in providing neutral assistance (e.g., group facilitation, coaching, and other conflict management processes) to help individuals and teams solve problems cooperatively and create processes that support open communication and overall effectiveness. Without ADR Vantage’s continued assistance, the NRC will not be able to fulfill requests to address individual, team, and/or organizational issues which tend to be the underlying conflict and communication issues that are having an impact on effectiveness and performance.

TSA plans to initiate an open competition small business set aside to procure the services following the award of the bridge contract. A solicitation is planned to be released to industry in Q4 FY15, within 90 days of the award of the bridge contract.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

A FedBizOpps Notice of Intent to Acquire Conflict Management Services using other than full and open competition was publicized, as required by FAR Subpart 5.102(a)(6) and 5.2, on April 30, 2015.

7. 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 as well as represent the best value to the government based on what has been presented below.

Currently there are other vendors who do provide Conflict Management Services. In doing some market research TSA focused on three other companies who appeared to have the capabilities of providing the full required services: Prism International, National Conflict Resolution Center, and Eagle Hill. All three had GSA Schedules and a price comparison was done utilizing their hourly rates and comparable labor category experiences.

The anticipated rates for the bridge contract is a 3% increase in the rates used by ADR Vantage, Inc., under its current TSA task order against an Indefinite Delivery Indefinite Quantity contract that was awarded on a competitive basis. Although, ADR Vantages hourly rates are not the highest nor the lowest of the other rates viewed, they appeared to be reasonable. The competitor with the lower rates is on average 11% lower than the incumbent. However, it would not be cost effective to bring another contractor in for one year to perform the work due to the costs and time associated with awarding a new contract, assessing the current Pilot Program, the possible learning curve of the TSA, and to re-implement the current program.

The contracting officer has determined that issuing the proposed contract to ADR Vantage represents the best overall value and will result in the lowest overall cost alternative, considering price and administrative cost, to meet the Government’s needs. ADR Vantage is the only company with the knowledge and skills in place to provide the support in the time available. TSA had previously negotiated fair and reasonable rates and the 3% increase is the industry standard average recommended for an annual increase. The contract will be awarded in accordance with FAR Part 13, “Simplified Acquisition Procedures.”

The proposed cost of this bridge contract is 3% higher than the current rates currently paid to ADR Vantage, Inc. under the current contract that was awarded on a competitive basis. ADR Vantage can provide efficiency to the Government by providing a complete solution with an economical cost saving.

Taking into consideration the abovementioned, the Contracting Officer determines that the cost of this bridge contract is determined fair and reasonable and represents the best value for the Government.

8. Description of Market Research.

Market research was conducted in accordance with FAR Part 10 using the following techniques:

• Conducted Internet search on GSA eLibrary;

• Performed Acquisition History Review;

• Interviewed knowledgeable individuals in Government;

• Reviewed Contractors Capability Statements

The market research showed that commercial service vendors are available and can be obtained through small businesses. However, only ADR can complete the ongoing pilot program without a gap in service.

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

ADR Vantage is the only company with the knowledge and skills in place to provide the support in the time available to complete the ongoing pilot program. Any other contractor attempting this work would require immediate knowledge of the TSA Facilitator Development and Certification pilot program and capability to complete the tasks identified timely. The current services meet the TSA requirement and new vendor would delay the program. Based upon the above this service is considered to be only source capable of completing the program for the reasons stated as follows:

1. A new vendor would be cost prohibitive based on the rationale stated above.

2. The selection of a new vendor would have need of a learning curve to gain knowledge of the current requirements in order to complete the pilot program which would not be effectual.

3. The required continuation of this service is more cost efficient to remain with the current contractor through completion of the program.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

To date no contractor has expressed in writing an interest in the TSA Conflict Management Services requirement.

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 Supplies or Services Required.

TSA plans to initiate an open competition small business set aside to procure the services following the award of the bridge contract. A solicitation is planned to be released to industry in Q4 FY15, within 90 days of the award of the bridge contract.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

/s/

05/18/2015

Shawnna L. Sims Contracting Officer

Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

05/20/2015

Anne Marie Albertazzi OHC/ NRC Program Office

05/20/2015

Tina Cariola OTWE/ WEB Program Office

APPROVAL:

/s/ 05/20/2015 Marvin Grubbs Date Competition Advocate