P06 Sole Source_FPACBC Study Rch Path to Success_27 SEP 22_FINAL.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Advancing Change Management & Review of Business Center Structure

1. Agency and Contracting Activity U.S. Department of Agriculture (USDA), Farm Production and Conservation (FPAC) Business Center (BC), Acquisition Division.

2. Nature and/or description of the action being approved The USDA, FPAC-BC requests approval to enter into a 9-month Firm Fixed Price (FFP) sole source contract with the National Academy of Public Administration (NAPA).

3. Description of Supplies and/or Services required to meet the agency�s needs (including the estimated value).

The purpose of this acquisition is to study the current structure of the BC, provide a summary of findings, and propose alternatives that will allow for effective, and efficient ways for delivering business and enterprise services throughout the FPAC Mission Area. The cost of these services are estimated at approximately $950,000.00.

4. Statutory Authority IAW 41 U.S.C. 2304(c)(1), FAR 6.302-5 � Authorized or Required by Statute

Public Law 98-257 granted a Congressional charter (See Attached) to the National Academy of Public Administration. The Congressional Charter states, that �whenever called upon by Congress, or the Federal Government, [the Academy] shall investigate, examine, experiment, and report upon any subject of government, the actual expense of such investigations, examinations, and reports to be paid by the Federal Government.�

Contracts awarded under this section have limits, except for the provision at FAR Part 6.302-5(c) (1)(iii)(B), which states that this limitation does not apply �To any contract requiring the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on those matters to the Congress or any agency of the Federal Government�. The attached letter from the Office of Federal Procurement Policy of the Office of Management and Budget states that �NAPA is situated similarly to the National Academy of Sciences (NAS), and as such, should be treated like NAS for contracting purposes.�

The first paragraph of that letter when read together with the provision in FAR Part 6.302-5(c) (1)iii(B) permits agencies to contract directly with NAPA.

5. A demonstration that the proposed contractor�s unique qualifications or the nature of the acquisition requires use of the authority cited.

National Academy of Public Administration (NAPA) is a nonprofit that has been performing the same or similar types of studies for the Government for over 50 years and was provided with a Congressional Charter in 1984 based on their expertise. NAPA provides expertise in the form of professional staff that encompass subject matter experts in human resource management, organizational assessment, strategic planning, and change management. Additionally, NAPA has Academy Fellows with distinguished and high-level experience in public administration, from both management and academic perspectives available to provide higher level review and input. These staff and Fellows provide confidence that the deliverables provided will meet the Government requirements. Review of previous contracts shows that NAPA has overall outstanding past performance ratings for contracts awarded in the last 6 years, with many sole source contract awards from both DoD and non DoD agencies.

Signature

A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

Not Applicable. Sole Source in accordance with FAR 6.302-5 � Authorized or Required by Statute.

Exception to publicize notice of proposed contract action is listed under FAR Part 5.202(a)(4), as authorized from a specific source.

Determination the Anticipated Price to the Government will be Fair and Reasonable.

The accepted rates in GSA Contract GS-10F-0414R will be utilized to establish reasonable pricing, level of effort will be reviewed and negotiated as required. Based on the Government working estimate, this order is expected to be approximately $950,000 and will be verified against the final IGCE and by utilizing price analysis IAW FAR 15.404-1(a)(2). Additionally, other than cost or pricing data supplied by the contractor will be used to support the price analysis. A determination of price fair and reasonable will be documented in the contract file prior to award.

Market Research Not Applicable. Sole Source in accordance with FAR 6.302-5 � Authorized or Required by Statute

Other Facts Supporting the Use of Other than Full and Open Competition There are no additional facts supporting the use of Other than Full and Open Competition.

Interested Sources National Academy of Public Administration 1600 K Street, NW, Suite 400, Washington, DC 20006

Barriers to Competition Not Applicable. Sole Source in accordance with FAR 6.302-5 � Authorized or Required by Statute

Requirements or Technical Representative Certification I hereby certify requirements and/or technical supporting data relied upon for this justification is accurate and complete to the best of my knowledge and belief.

YESHI ABEBE, FPAC-FBC

Director of Organizational Management and Cultural Transformation

14 Sep 2022

Contracting Officer�s Certification I hereby certify this justification is accurate and complete to the best of my knowledge and belief.

BRIAN DWYER, FPAC-BC Acquisition Division Chief National Construction & AE, and Western States Section

16 Sep 2022

Approval of the Justification Greater than $750K (Competition Advocate)

DEREK A. BEAVERS, FPAC-BC, Acquisition Division Competition Advocate/ MASCO / Director of Acquisition

PUBLIC LAW 98-257-APR. 10, 1984

Public Law 98-257 98th Congress

98 STAT. 127

An Act

To charter the National Academy of Public Administration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Apr. 10, 1984 [H.R. 3249]

SECTION I. CHARTER. 36 USC 2301.

The National Academy of Public Administration, organized and incorporated under the laws of the District of Columbia, is hereby recognized as such and is granted a charter.

SEC. 2. POWERS. 36 use 2302.

The National Academy of Public Administration (hereinafter referred to as the "academy") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

SEC. 3. OBJECTS AND PURPOSES OF CORPORATION. 36 USC 2303.

The objects and purposes for which the Academy is organized shall be those provided in its articles of incorporation and shall include-

(1) evaluating the structure, administration, operation, and program performance of Federal and other governments and government agencies, anticipating, identifying, and analyzing significant problems and suggesting timely corrective action;

(2) foreseeing and examining critical emerging issues in gover-nance, formulating practical approaches to their resolution;

(3) assessing the effectiveness, structure, administration, and implications for governance of present or proposed public pro-grams, policies, and processes, recommending specific changes;

(4) advising on the relationship of Federal, State, regional, and local governments; increasing public officials', citizens', and scholars' understanding of requirements and opportunities for sound governance and how these can be effectively met; and

(5) demonstrating by the conduct of its affairs a commitment to the highest professional standards of ethics and scholarship.

SEC. 4. SERVICE OF PROCESS. 36 use 2304.

With respect to service of process, the Academy shall comply with the laws of the State or States in which it is incorporated and the State or States in which it carries on its activities in furtherance of its corporate purposes.

SEC. 5. MEMBERSHIP. 36 use 2305.

Eligibility for membership in the Academy and the rights and privileges of members shall be as provided in the bylaws of. the corporation.

8 STAT. 128 PUBLIC LAW 98-257-APR. 10, 1984

36 USC 2306. SEC. 6. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES.

The board of directors of the Academy and the responsibilities thereof shall be as provided in the articles of incorporation of the Academy and in conformity with the laws of the State or States in which it is incorporated.

36 USC 2307. SEC. 7. OFFICERS OF CORPORATION.

The officers of the Academy, and the election of such officers, shall be as is provided in the articles of incorporation of the Academy and in conformity with the laws of the State or States wherein it is incorporated.

36 USC 2308.

:6 USC 2309.

:6 use 2810.

SEC. 8. RESTRICTIONS.

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director of the Academy or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers and members of the Academy or reim-bursement for actual necessary expenses in amounts approved by the board of directors.

(b) The Academy shall not make any loan to any officer, director, or employee of the corporation.

(c) The Academy and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

(d) The Academy shall have no power to issue any shares of stock nor to declare or pay any dividends.

(e) The Academy shall not claim congressional approval or Fed-eral Government authority for any of its activities, other than by mutual agreement.

(f) The Academy shall retain and maintain its status as a corpora-tion organized and incorporated under the laws of the District of Columbia.

SEC. 9. LIABILITY.

The Academy shall be liable for the acts of its officers and agents when acting within the scope of their authority.

SEC. 10. BOOKS AND RECORDS; INSPECTION.

The Academy shall keep correct and complete books and records of account and shall keep minutes of any proceeding of the Academy involving any of its members, the board of directors, or any commit-tee having authority under the board of directors. The Academy shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law.

SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following:

"(61) National Academy of Public Administration.".

PUBLIC LAW 98-257-APR. 10, 1984 98 STAT. 129

SEC. 12. ANNUAL REPORT. 36 USC 2311.

The Academy shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year.

Such annual report shall be submitted at the same time as is the report of the audit required by section 11 of this Act. The report shall not be printed as a public document.

SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER. 36 USC 2312.

The right to alter, amend, or repeal this Act is expressly reserved to the Congress.

SEC. 14. DEFINITION OF "STATE". 36 USC 2313.

For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

SEC.15, TAX-EXEMPT STATUS. 36 USC 2314.

The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code. If the corporation fails to maintain such status, the charter granted hereby shall expire.

SEC. 16. TERMINATION. 36 USC 2315.

If the corporation shall fail to comply with any of the restrictions or provisions of this Act the charter granted hereby shall expire.

SEC.17. SERVICE TO THE GOVERNMENT OF THE UNITED STATES. 36 USC 2316.

The National Academy of Public Administration shall, whenever called upon by Congress, or the Federal Government, investigate, examine, experiment, and report upon any subject of government, the actual expense of such investigations, examinations, and reports to be paid by the Federal Government from appropriations available for such purpose.

Approved April 10, 1984.

LEGISLATIVE HISTORY-H.R. 3249 (S. 2102):

ItOUSE REPORT No. 98-491 (Comm. on i:he Jucllciary).

CONGRESSIONAL RECORD:

Vol. 129 (1Q83): Nov. 14, considered and passed. H-0use.

Vol. 130 (1924): M.ar. 27, considered and passed. Senate,