JOFOC.pdf

Justification for Other than Full and Open Competition

Crucial Conversations Training

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by 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 Federal Maritime Commission, Office of Management Services, proposes to enter into a contract on a basis other than full and open competition in support of Crucial Conversations training with VitalSmarts/Crucial Learning.

(2) Nature and/or description of the action being approved. –The program office (OHR) has a requirement on a sole source basis to provide Crucial Conversations training with VitalSmarts/Crucial Learning at an estimated cost of

(3) Description of Supplies/Services—The requirement is to provide Crucial Conversations training at a total cost of This training will teach FMC employees the skills they need to have crucial conversations to deal with difficult subjects in emotionally charged environments. It will help employees improve their overall communication skills.

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

The statutory authority permitting other than full and open competition is FAR 6.302-1 “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.

This mandatory virtual leadership training is a follow on to a previously awarded under Purchase Order Number FMC-15-P-0021. Additionally, the supervisors of FMC must complete mandatory Leadership Training provided by Vital Smarts/Crucial Learning given that the training provided by Crucial Learning has created successful results in improving skillset and communication efforts across the agency that historically could not be achieved by other training platforms when given the opportunity. Crucial Learning is the sole owner of the following intellectual property assets in the form of training programs and all associated materials. Furthermore, a follow-on contract with Crucial Learning would ensure that FMC staff remain homogeneously and adequately trained to have crucial conversations to deal with difficult subjects in emotionally charged environments. As such, only one responsible source and no other supplies or services will satisfy agency requirements in accordance with FAR 6.302-1(b)(2) due to “the existence of limited rights in data, patent rights, copyrights, or secret processes.”

(6) Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. A Notice of Intent to Sole Source will be posted on Sam.gov pursuant to FAR Subpart 5.201(b)(1). The notice will allow interested vendors to submit their capabilities and qualifications to perform the effort in writing. FMC will compete the proposed effort on a full and open competition basis if the responses to this notice demonstrate the need to do so.

(7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

Contracting Officer will use historical data to determine the anticipated cost is fair and reasonable.

(8) Description of Market Research. The internet was searched for a list of contractors that could provide training on Crucial Conversations training to staff. The market research showed that only Vital Smarts/Crucial Learning could provide Crucial Conversations training as they are the sole owner of the training.

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

The Crucial Conversations training is a two-day course taught by a certified instructor who guides participants through engaging examples, dynamic group discussions, and interactive practice sessions (both in-person and virtually, depending on the platform used). Crucial Conversations skills include recognizing when a conversation becomes crucial, working on your perspective prior to entering a conversation, noticing signs of silence and violence, identifying the way you handle stress, creating an environment of safety, mastering your stories and emotions around the issue, speaking persuasively, not abrasively, diffusing others’ emotions, and encouraging others to share their opinions.

This training was provided to the FMC’s supervisors in 2015, and then to all FMC employees in 2016. Training was critical to prepare leaders and supervisors in conducting performance reviews and holding critical performance discussions. VitalSmarts/Crucial Learning has knowledge about the FMC’s performance management system and the information provided previously is incorporated into our current performance training.

The FMC’s leaders believe that uniform consistent communication will help solidify and communicate among all levels of the organization and continue to engage employees.

Additionally, the training directly addresses employee engagement issues surrounding the annual Federal Employee Viewpoint Survey (FEVS). In the most recent survey, employees indicated a need for more clarity on job expectations from their supervisors, as well as increased communication and information sharing across the agency. This training is aimed at assisting with increased scores in these areas, to improve employee engagement within the organization.

(10) A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition. None.

(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.

When acquiring future training, the agency will continue to conduct market research to see if there is another service that could satisfy the agency’s requirement.

(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.

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.

Technical Representative Date

APPROVAL:

Contracting Officer Date