Justification and Approval Signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency, Contracting Activity and Document

The National Science Foundation (NSF), Division of Acquisition and Cooperative Support, proposes a Justification for Other than Full and Open Competition for a Community Liaison Consultant. The NSF Directorate for Mathematical and Physical Sciences will provide the funding for this acquisition.

2. Action Being Approved

The action to be approved is the solicitation and award of a contract to Kalipi Enterprises, LLC, to assist NSF in building positive and trusting relationships with key members of the Native Hawaiian community, such as kupuna1, cultural practitioners, and other prominent members of the Native Hawaiian community (“key community members”). These consultant services have been identified by NSF as necessary in fulfilling certain recommendations of the National Academies of Science, Engineering, and Medicine in their Decadal Survey on Astronomy and Astrophysics 2020 (Astro2020), Pathways to Discovery in Astronomy and Astrophysics for the 2020s. This report emphasized the need for NSF to build partnerships with Indigenous communities and to work toward developing a new model of respectful and collaborative decision-making with Indigenous communities.

This will be a time and materials contract.

3. Description of Services

The vendor will be responsible for developing and implementing a Relationship- Building Plan (Plan) to help NSF strengthen its partnership with the Native Hawaiian community that includes making introductions on behalf of NSF to key community members and arranging meetings, both in-person and virtual, which both NSF representatives and key community members will attend. The Plan will use a grassroots, one-on-one or small group approach to relationship building. In making introductions, the vendor will convey NSF’s commitment to gaining a better understanding of Hawaiian culture and the needs and priorities of the Native Hawaiian community. The vendor will also convey NSF’s interests in building new and trusting relationships with members of the Native Hawaiian community and in elevating indigenous voices in the funding decisions NSF makes. Although these relationship-building activities will be focused primarily on Hawaiʻi Island, it is expected that additional activities will occur throughout the Hawaiian Islands, as appropriate. Key tasks and deliverables will include:

• Develop Written Relationship-Building Plan

1 Grandparent, ancestor; starting point, source [adapted from definition at https://hilo.hawaii.edu/wehe/?q=kupuna] https://www.nap.edu/catalog/26141/pathways-to-discovery-in-astronomy-and-astrophysics-for-the-2020s https://www.nap.edu/catalog/26141/pathways-to-discovery-in-astronomy-and-astrophysics-for-the-2020s https://hilo.hawaii.edu/wehe/?q=kupuna o To include up to four series (7-14 days each) of in-person meetings spanning multiple islands o Option (if exercised by NSF) to conduct an additional two series (up to 10 days each) of in-person meetings

• Implement the Plan o Conduct meeting logistics o Apply expertise to facilitate meaningful and culturally respectful conversations o Generate meeting summaries

• Complete Summary of Relationship-Building Activities and Recommendations

It is anticipated that the vendor may work for up to 8 hours per week over the course of 15 months, with additional hours as needed to prepare deliverables and to attend in-person meetings (96-204 labor hours for each of the four-to-six series of in-person meetings). The estimated value of this acquisition is $385,342.

4. Statutory Authority

The statutory authority permitting other than full and open competition is 41 U.S.C.

253 (c)(1), as implemented at FAR Part 6.303-1. Kalipi Enterprises, LLC, is the only responsible source that can provide these services.

5. Contractor’s Unique Qualifications

This authority is appropriate because these services are available from only one source with unique capabilities, IAW FAR 6.302-1(b)(1)(i).

A team comprising of representatives from NSF’s Directorate for Mathematical and Physical Sciences, the Office of the Genearl Council, and the Office of Legislative and Public Affairs (NSF market research team) conducted thorough market research to explore potential vendors with close ties to the Hawaiian community. As a result of both informal and formal outreach to the Hawaiian community over the past three years, this group is well aware of the sensitivies and public controversy surrounding NSF’s funding of scientific research and the need to seek out an appropriate entity to conduct this work. This NSF group also has a familiarity of many key community members and made a number of phone calls and hosted market research discussions by virtual meetings to identify potential vendors that would have the following qualifications:

• demonstration of extensive familiarity and relationships with key community members (located throughout the State of Hawaiʻi, but focused primarily on Hawaiʻi Island);

• known within the Native Hawaiian community to be a credible and trusted individual;

• prior experience with contentious and emotional public policies or projects that required working closely with Native Hawaiian leaders, cultural practitioners, and community members throughout the State; at least three such examples is preferred; and

• demonstration of the capacity to effectively build a grass-roots relationship-building strategy to connect NSF with key members of the Native Hawaiian community.

Kalipi Enterprises, LLC, was recommended by multiple contacts in Hawaii as a vendor that would be able to meet the first two requirements, above, in terms of having a good reputation and close ties to the community, as well as being credible and trustworthy.

When the NSF market research team interviewed this firm, which consists of three individuals, they confirmed the experience and the capacity to build a grassroots strategy for engagement. Prior experience within this group is extensive, and includes work as counsel to a US Sentator that required relationship building with Native Hawaiians across education, healthcare, workforce development, and military operations; business and culture coalition building work (one individual co-founded ʻĀina Aloha Economic Futures and the Maunakea Working Group); expertise in hula, a culturally esteemed artform; communications and public affairs for Bishop Museum in Honolulu;

and communications work for the Governor’s office and the Hawaii State Department of Education. Most recently, this group facilitated a process to establish the kapu and kanawai, defined as shared values and rules of engagement, to serve as a basis for community-based dialogue between residents of Hawaiʻi Island and the U.S. Army.

While the market research identified additional potential vendors, their basis in corporate firms, and prior expertise in niche environmental or operational work would not be in line with NSF’s required grass-roots approach and credibility with the community, and therefore would not meet the above requirements.

At present, Kalipi Enterprises, LLC is the only vendor with the experience and resources to provide these services to meet the agency’s need.

6. Efforts Made to Obtain Competition

The NSF market research team has familiarity with the community on Hawaiʻi Island due to a 16-month Informal Outreach Effort (2020-2021) during which time they conducted virtual sessions with more than 150 individuals. In addition, NSF conducted public scoping meetings on Hawaiʻi Island in August 2022, with well over 400 attendees. Based on this experience, the team was aware that the best way to identify trusted firms or individuals is through referrals and recommendations from leaders within the community. Therefore, the market research team sent emails and made phone calls to the ten different community leaders to solicit their recommendations for potential community liaison consultants.

In addition, NSF searched the GSA Schedule for potentially qualified contractors, and considered the that the available environmental services firms would not meet the needs for grassroots relationship building.

A notice of award will be published to SAM.gov in accordance with FAR 5.503(a)(1) and NSFAM 2506.303-1, “Other Than Full and Open Competition – Requirement”.

7. Determination of Fair and Reasonable Price

The Contracting Officer will determine whether the proposed estimated cost to the Government is fair and reasonable by cost and/or price analysis of the contractor’s proposal. The Contracting Officer will consider the Program Office’s technical evaluation, comparison of the proposed price to current General Services Administration (GSA) Contract Awarded Labor Categories (CALC) prices. The level of expertise required for this work is comparable to a senior advisor-level labor category applied in other contracts.

8. Market Survey

As previously stated in item 6, NSF’s market research team conducted outreach within the community to identify qualified vendors, with additional market surveys conducted through GSA vendor search. This effort confirmed that one vendor, Kalipi Enterprises, LLC, has the qualifications for this work (see item 5).

9. Additional Information

No other supporting factors.

10. Other Sources Expressing an Interest

NSF received an informal expression of interest (via e-mail) from one individual.

Upon review of their capabilities, the NSF determined the individual did not contain the necessary attributes to full-fill the requriement. No additional responses were submitted.

11. Removing Barriers to Competition

As stated previously, the purpose of this acquisition is to build positive and trusting relationships with key members of the Native Hawaiian community. The Government’s market research indicated that only one vendor is presently available.

There is currently no expectation that the services will necessitate repetition, thus there is no expectation of a subsequent acquisition for the specified services. Should a future need arise for acquisitions of the same or similar nature, the program office and Contracting Officer will monitor performance and look for opportunities to remove or overcome barriers to competition.

12. Certifications/Coordinations/Approval

Requesting Office Program Officer and Division Director (or Equivalent) certifications are required for all J&As.

REQUESTING OFFICE CERTIFICATION

Program Officer: I hereby certify that the facts presented in this Justification are current, completed and accurate.

Name Date

Deputy Division Director, (AST):

I hereby concur with this Justification.

Name Date

PROCURING OFFICE CERTIFICATION

Contracting Officer: I assure that a detailed analysis will be performed on all proposed prices to assure that they are fair and reasonable. I also certify that this Justification is current, complete and accurate.

Name Date

Luca Rizzi 9/26/2023

26 Sep 23

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION