Redacted_J&A.pdf

DEPARTMENT OF THE INTERIOR - BUREAU OF INDIAN AFFAIRS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 USC 2304(c) or 41 USC 253(c)

1. REQUISITION /

CONTRACT No.

2. TOTAL

ESTIMATED

COST:

3. PROPOSED CONTRACTOR: 4. REQUESTING ACTIVITY: 5. CONTRACTING ACTIVITY:

40456495 $11,000.00

Higher Learning Commission 230 South LaSalle Street Suite 7-500 Chicago, Illinois 60604-1413 Phone: 800.621.7440 Fax: 312.263.7462 .

info@hlcommission.org

BIE-Southwestern Indian Polytechnic Institute

9160 Coors Blvd. NW Albuquerque, NM 87120

6. STATUTORY AUTHORITY: AUTHORITY PERMITTING THE USE OF OTHER THEN FULL AND OPEN COMPETITION

FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements [41 USC 253(c) (1)]:

The supplies or services required by the Agency are available from only on responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-1(c) – Only one responsible source and no other supplies or services will satisfy agency requirements [41 USC 253(c) (1)]: Brand Name Justification. The use of such descriptions in the acquisition is essential to the Government’s requirement, thereby precluding consideration of a product manufactured by another company. 6.302-1(c) - Brand Name or Equal requirements do not require a JOFOC.

FAR 6.302-2 – Unusual and compelling Urgency [41 USC 253(c) (2)]: The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition. Lack of advanced planning is not justification for the use of this authority.)

FAR 6.302-3 – Industrial Mobilization; engineering, development, or research capability; or expert services [41 USC 253(c) (3)]: It is necessary to award the contract to a particular source or sources in order (i) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (ii) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center or (iii) to acquire the services of an expert neutral person for any current or anticipated litigation or dispute.

FAR 6.302-4 – International agreement [41 USC 253(c) (4)]: Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government.

FAR 6.302-5 – Authorized or required by statute [41 USC 253(c) (5)]: A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

FAR 6.302-6 – National security [41 USC 253(c) (6)]: The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

FAR 6.302-7 – Public Interest [41 USC 253(c) (7)]: The agency head determines that it is not in the public interest to use full and open competition in the particular acquisition concerned.

7. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This request is for membership in the Higher Learning Commission’s Student Success Academy. The purpose of this academy is to guide institutions through the process of establishing data-driven approaches to improving student success, as defined by the Higher Learning Commission (HLC). This Academy was designed to guide institutions through the requirements of the HLC’s accreditation criterion component 4.C., which requires institutions to take data-driven approaches to improving student success. Participation will assist SIPI in maintaining compliance with HLC accreditation expectations.

8. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS, INCLUDING THE ESTIMATED VALUE:

The vendor will provide structured guidance over a three-year period, including mentoring, to ensure that SIPI is able to develop and implement a data-driven project (of SIPI’s choosing) to improve student success. The Student Success Academy combines a variety of interactions, in person and on line, in large groups and through campus visits, to promote sharing of information and solutions among institutions and to provide tailored advice to individual institutions. Over its three-year term, the Academy will include on-site visits, semi-annual electronic postings and feedback, and convenings. Institutions will operate within a structured environment that allows for modifications that suit individual needs. Throughout the sequence of activities in the Academy, institutions receive both informal and formal analyses and commentary from assigned mentors, other institutions, and Commission staff. To facilitate progress on the student success project, access to an online project management and reporting portal (SparQ) will be provided by the Higher Learning Commission.

9. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE OF THE ACQUISITION REQUIRES

USE OF THE AUTHORITY CITED:

The Higher Learning Commission is one of six regional accreditation agencies, operating under the auspices of the United States Department of Education. The Higher Learning Commission is the accrediting agency under which SIPI operates, and is providing guidance on a key component of accreditation criteria that they have developed, and use to base accreditation decisions upon. Guidance provided through this Academy will ensure that SIPI is compliant with accreditation criterion component 4C.

10. A DESCRIPTION OF THE 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 IN REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202

APPLIES:

There are no other agencies with are qualified to provide specialized accreditation component training, apart from the relevant accrediting agency.

11. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer will determine that the anticipated cost to the Government is fair and reasonable upon signing the document.

12. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

No marketing research was conducted, because there are no other agencies with are qualified to provide specialized accreditation component training, apart from the relevant accrediting agency. The Higher Learning Commission is SIPI’s accrediting agency, and is the vendor.

13. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

SIPI requires compliance with Higher Learning Commission accreditation requirements. Participation in the Student Success Academy will help ensure accreditation compliance.

14. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION:

None.

DEPARTMENT OF THE INTERIOR - BUREAU OF INDIAN AFFAIRS

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 USC 2304(c) or 41 USC 253(c)

This justification has been prepared under the authority of 41 USC 253(c) as set forth in FAR 6.3. This Justification documentation shall conform to guidance in FAR Part 13 for acquisitions at or below the simplified acquisition threshold (>$100,000). For acquisitions above the simplified acquisition threshold, the documentation shall conform to guidance in FAR Part 6, Department of the Interior Acquisition Regulation and BIA Procurement Policy.

Federal Acquisition Regulation (FAR) 6.3 Other than Full and Open Competition, (a) 41 U.S.C. 253(c) and 10 U.S.C. 2304(c) each authorize, under certain conditions, contracting without providing for full and open competition. The Department of Defense, Coast Guard, and National Aeronautics and Space Administration are subject to 10 U.S.C. 2304(c). Other executive agencies are subject to 41 U.S.C. 253(c). Contracting without providing for full and open competition or full and open competition after exclusion of sources is a violation of statute, unless permitted by one of the exceptions in 6.302.

15. CERTIFICATION AND SIGNATURE APPROVALS:

Pursuant to FAR 1.707 Signature Authority, this Justification has been thoroughly reviewed and recommends approval. I certify that the above facts and representations under my cognizance that are included in this Justification are accurate and complete to the best of my knowledge and belief.

Concur TITLE TYPED NAME SIGNATURE DATE

Program Manager

Contracting Officer

Competition Advocate

8-1-19