u.s.NUCLEAR REGULATORY COMMISSION -REGION III
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)
Statutory Authority:
The authority permitting a noncompetitive procurement is under the authority of the Simplified Acquisition
Procedures set forth in FAR 13.106-1 (b), when the agency's contracting officer determines that the
circumstance of the contract action deem only one source reasonable available, full and open competition
need not be provided for.
Description of the Action Being Approved:
The U.S. Nuclear Regulatory Commission (NRC) proposes to award a sole source contract to FranklinCovey Company to provide 7 Habits of Highly Effeotive Signature 3-day workshop to Region 111 employees on October 31 -November 2,2012.
FAR 13.106-1 (b) (1) allows for the award of a sole source contract not exceeding the simplified acquisition
threshold by utilizing the "only one reasonably available" exception. Under the exceptions stated in FAR
13.106-1 (b) 2 and 3, the requirement to post the justification applies only to sole source brand name and
commercial items in excess of the simplified acquisition threshold, which this action does not meet.
Further, under FAR 5.102 (6), only when an acquisition contains a brand name, should the contracting
officer include the justification as required by FAR 6.302-1 (c). Finally, under FAR 6.001 (a) "Applicability"
FAR Part 6 only applies to contracts using the simplified acquisitions procedures of 13.501 for requirements
pertaining to sole source acquisitions of commercial items under Subpart 13.5. Because of this analysis,
the contracting officer determined that in accordance with FAR 5.101 (a), the proposed contract action will
not be posted on FedBizOps or the NRC Agency website, as the requirement does not exceed $15,000.
Further, the approved justification will not be posted on the FedBizOps website.
Description of Services Required:
The purpose of this purchase order is to support the Region III initiative to improve the workplace environment through continuous leadership training for all regional employees. The total estimated cost of the training is $14,505.55 for 20 employees.
Demonstration that the Proposed Contractor's Unique Capabilities -Qualifications
requires the use of this Authority:
.'7 Habits of Highly Effective People" training has significantly enhanced the foundation for increasing person, professional and organizational performance of Region III employees. This course has been conducted numerous times in Region III (and elsewhere in the Agency) which has enabled the vendor to incorporate many NRC/Region Ill-specific applicatio,ns. Since this course has the foundation for increasing organizational performance the Region III Training Council has determined that the principles and techniques expounded in "7 Habits of Highly Effective People Signature" 3-day workshop will benefit everyone and improve the overall effectiveness of regional operations. This training is proprietary and available only through FranklinCovey Company. The training will be conducted by a principal of the FranklinCovey Company (Hayden Shaw) who is an established and renowned consultant. The cost of this training for 20 employees is very reasonable, at an estimated cost of $14,505.55 or approximately $725.00 per person.
Description of Efforts to Contact as Many Sources as Practicable: The contracting officer has determined that under FAR part 13.106-1 (b), only one source is reasonably available, as 7 Habits of Highly Effective People is a course exclusively licensed by FranklinCovey Company.
Determination that Costs Are Fair and reasonable: Prior to contract award, the Contract.ing Officer will make a determination that the cost to the Government is fair and reasonable .
Market Research Conducted:
The NRC conducted market research, however, there are no additional firms capable of providing the 7 Habits of Highly Effective People course. The course is exclusively licensed by FranklinCovey Company Other Facts supporting the Use of Other Than Full and Open Competition:
None List of Sources that expressed An Interest: None. In accordance with FAR 5.101 (a)(2), the proposed contract action was not posted. Statement of Actions NRC May Take to Remove Barriers to Competition: None.
I hereby certify that the information contained within this justification is accurate and complete, to the best of my knowledge.

Chad McCormick, HR Specialist Date Division of Resource Management and Administration, Region III

Administration, Region III

Bid Protests Not Available