JOFOC_Redacted.pdf

Justification for Other than Full and Open Competition

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 Human Resources (OHR), proposes to enter into a contract on a basis other than full and open competition.

(2) Nature and/or description of the action being approved. – OHR has a requirement on a sole source basis to provide coaching services to Commission supervisors at a cost of for 6 annual flex licenses for emerging tier leadership coaching. The proposed contractor is Redfish Labs, Inc. (Torch Leadership Labs), 100 Bush St. San Francisco, CA 94104, (415) 935-4249.

(3) Description of Supplies/Services—

The requirement is to provide coaching services to Commission supervisors at a cost of for 6 annual flex licenses for emerging tier leadership coaching. The coaching program is a continuation of a 3-month pilot program conducted between Torch and the FMC in FY 2022 and provides coaching services to FMC supervisors.

(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.

Torch is the required coaching program for FMC supervisors. This course is also a follow-on requirement to a procurement originally awarded in FY22 under Reference Number OHR-22-PO71. Market research determined that “only one responsible source and no other supplies or services will satisfy agency requirements” given that the requirement “offers a concept or services not otherwise available to the government” IAW FAR 6.302-1(a)(2)(i)(B). Specifically, market research determined that Torch was able to provide the all-inclusive option of obtaining coaches with varied backgrounds that allowed participants to select from those with government or non-government experience while other companies in the market offered coaches without government experience.

Also, Torch provides the ability for participants to select their coach from multiple options. This training provides the option to change coaches if needed, participate in a 360 assessment to be used in developing a coaching plan, and the ability to swap out individuals throughout the duration of the contract for the best value. The service also allows two individuals to use one license, each participating in one 6-month session.

(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.

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

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

(7) Description of Market Research.

The market research showed that only Torch was able to provide the all-inclusive option of obtaining coaches with varied backgrounds allowing participants to select from those with government or non-government experience. Other companies seemed to provide coaches without government experience. Additionally, the Torch platform is used by other government agencies and recommended as a long-term coaching solution/platform.

Lastly, Torch provides the ability for participants to select their coach from multiple options, change coaches if desired, participate in a 360 assessment to be used in developing a coaching plan, and the ability to swap out individuals throughout the duration of the contract for the best value, allowing two individuals to use one license, each participating in one 6-month session.

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

The coaching program is a continuation of a 3-month pilot program conducted between Torch and the FMC in FY 2022 and provides one year of coaching services to FMC supervisors. By continuing with Torch, supervisors who were previously enrolled in the program have the opportunity to continue their coaching program with the same coach and using the already familiar program. Prior participants utilized the Torch coaching platform to conduct 360 assessments, establish coaching goals, and build a relationship with their selected coaches. Additionally, during the 3-month pilot, the agency was able to determine the positive impact Torch’s program had on the outcome of coaching assignments and Torch’s methodology for conducting its program. Utilizing another program will require additional time to implement and to determine whether it’s a good fit for the agency. Torch’s business model by providing a wide array of coaches with government (and non-government backgrounds, providing an option for swappable licenses, and using additional resources such as 360 assessments, allowed the agency access to multiple resources without having to contract out each of the assets separately.

(9) A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the Acquisition.

None.

(10) 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