J-A_FBO_posting.pdf

U.S. Customs and Border Protection Justification and Approval For Other Than Full and Open Competition

For contracts or orders above the Simplified Acquisition Threshold (SAT) PD-TASC Training Facility

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity

Requesting Office:

Customs and Border Protection (CBP) Law Enforcement Safety and Compliance Directorate (LESC) 440 Koonce Road Harpers Ferry, WV 25425

Contracting Office:

Customs and Border Protection (CBP) Office of Administration (OA) Procurement Directorate (PD) 6650 Telecom Drive Indianapolis, IN 46278

2. Nature and/or description of the action being approved.

Customs and Border Protection, Law Enforcement Safety and Compliance, has a need for secure training venues at an outside entity facility in order to execute the new mandatory Pre- Deployment Threat Awareness and Survival Concepts Training (PD-TASC), a Department of State (DoS) approved course, for CBP employees who are conducting business outside of the US. Customs and Border Protections Law Enforcement Safety and Compliance intends to secure a suitable training venue that meets the mandatory training requirements on a sole source basis. The contract will be awarded as a five-year, Indefinite Delivery Indefinite Quantity (IDIQ) contract.

The contractor’s information is as follows:

Summit Point Raceway Associates, Inc. dba BSR (BSR) An Xator Corporation Line of Business Mailing address: P.O. Box 190, Summit Point, WV 25446 Physical address: 201 Motorsports Park Circle, Summit Point, WV 25446

The estimated total value of the contract is not to exceed $4,000,000.00 over the course of the contract’s 5-year ordering period. The products or services under this justification were previously awarded under another contract, which has a period of performance end date of 6/30/2019.

(a) Type of funding: Operations and Support.

(b) Year of funding: Fiscal Year 2019.

(c) Solicitation number: 70B06C18Q00000233

3. Description of Supplies/Services.

Per Department of State (DoS) guidelines, all personnel traveling OCONUS must attend the DoS Foreign Affairs Counter Threat Training (FACT), or a DoS approved course. DoS certifies acceptable courses developed by other U.S. agencies who wish to provide their own FACT-equivalent training. CBP has created the PD-TASC courses to meet this requirement and have a need for this training each month beginning in July 2019. BSR is the only training facility within commuting distance that includes the following necessary to complete the mandatory training: qualified driving instructors, vehicles and a vehicle maintenance facility, dedicated secure vehicle storage, high-speed tracks, firearm and explosive demolition ranges, and administrative and training facilities.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

This justification supports the use of Other Than Full and Open Competition under the authority of 41 U.S.C. § 3304(a)(1), as implemented by FAR 6.302-1, where only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

Each year, CBP will conduct 14-16 two-week PD-TASC courses with approximately 15 CBP instructors for each course. The PD-TASC course needs to be held at a training facility that includes the following features: qualified driving instructors, vehicles and a vehicle maintenance facility, dedicated secure vehicle storage, high-speed tracks, firearm and explosive demolition ranges, and administrative and training facilities. Additionally, the training facility at which this course is conducted needs to be within a 40-mile commuting distance of the Advanced Training Center in Harpers Ferry, WV. This is the permanent duty station of the CBP instructors that are conducting this training; therefore, CBP needs a facility that accommodates this location given that they will spend approximately 28-32 weeks per year conducting this course.

BSR is currently the training facility the Department of State uses to conduct the FACT training and is the only facility with all of the mandatory training aspects (driving track, firing range, demolition range, classrooms etc.) that’s within the 40 mile commuting distance from CBP’s Advanced Training Center (ATC). BSR has provided facilities, services, training, real-time daily and even hourly support for all Department of State counterterrorism and counter-threat training involving DoS Agents, diplomats and foreign nationals as vetted and selected by the U.S. Government. BSR has developed its facilities directly for and in concert with the DoS.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A Request For Information (RFI) was posted to FedBizOpps (FBO) on December 6, 2018 through January 22, 2019. CBP received two responses, BSR and The Guardian Centers, LLC mentioned in paragraph 8.

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

The Contracting Officer will make a determination that the anticipated price will be fair and reasonable based on researching past acquisition history, the IGCE, and historical pricing on the current contract.

8. Description of Market Research.

An RFI was posted on December 6, 2018 through January 22, 2019. CBP received two responses, BSR and the Guardian Centers, LLC. A summary of the RFI responses are as follows:

Summit Point Raceway Associates, Inc. dba BSR (BSR): BSR, an Xator Corporation Line of Business, (large business), submitted a response to the RFI that they have the capabilities to perform the requirements of the SOW. BSR is located in Summit Point, WV, fourteen (14) miles from the CBP Advanced Training Center (ATC) located in Harper’s Ferry, WV which is within commuting range for the instructors. They are currently satisfactorily providing training for CBP and have held similar contracts with the US Army Corps of Engineers, Department of State, and the Government of Canada, Department of National Defence.

Guardian Centers, LLC: Guardian Centers, LLC, (large business), provided a response to the RFI and appear to have all of the capabilities to perform the requirements except they are located in Georgia which is outside the commuting distance of the CBP ATC and their instructors.

Even though the RFI results concluded that there are two contractors that have the necessary facilities to support LESCs training requirements, only BSR is within a 40 mile radius of the Advanced Training Center. Training at The Guardian Centers located in Georgia would require the instructors to conduct a Permanent Change of Station. BSR is within the 40 mile radius, close to the National Capital Region and is able to provide the facilities necessary for LESC to conduct training.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

Summit Point Raceway Associates, Inc. dba BSR (BSR) An Xator Corporation Line of Business 201 Motorsports Park Circle Summit Point, WV 25446

Guardian Centers LLC 600 Perry Parkway Perry, GA 32088

11. 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.

CBP/LESC will continue to monitor the market place to ensure that competition is fostered and utilized in any future procurements.

13. Posting Requirement.

CBP will post this J&A on FedBizOpps pursuant to FAR 6.305.

► J&A CERTIFICATIONS

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office: Office of Operations Support, LESC

Name: (Print): Christopher Conner Title: Assistant Director, Pre-Deployment Training

Signature: _______________________________ Date: _____________

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

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.

Name (Print): Connie A. McKay Title: Contracting Officer

Signature: ________________________________ Date: _____________

16. SMALL BUSINESS SPECIALIST CERTIFICATION (Per HSAM 3019.501 -

Above the SAT)

I certify that I have conducted a search for small businesses and other socio-economic concerns capable of participating in this acquisition.

If any were found, a list is attached.

Name (Print): Milton Slade Title: CBP Small Business Specialist

Signature: _____________________________________ Date: _____________

17. CHIEF COUNSEL REVIEW (Per HSAM 3006.304-70 - Above the SAT)

Name (Print):

Signature: _____________________________________ Date: _____________

► J&A APPROVALS

18. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Above $700,000)

Approved Disapproved

Name (Print): Richard Gunderson Title: Competition Advocate

Signature: ___________________________ Date: _____________