A.7.2 - JOFOC_Redacted - v20210720s.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives Justification for Other Than Full and Open Competition (JOFOC) and Approval

Control #: ATF-21-0053, DJA-21-AFAT-PR-0511, Page 1 of 4

1. Agency and Contracting Activity:

United States (U.S.) Department of Justice (DOJ) | Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) | Office of Management | Property, Acquisitions, and Acquisitions Division (PASD) | Acquisitions Branch | 99 New York Avenue NE, 3.S-125 in Washington, DC 20226

Requesting Office: ATF | Enforcement Programs and Services | Firearms & Ammunition Tech Division (FATD) | 244 Needy Road, Ste. 1600 – Martinsburg, WV 25405

2. Nature and/or Description of Action Being Approved:

ATF is considering issuing a fixed-priced purchase order to a Veteran-Owned Small Business via the Open Market (OM), Team One Network. It’s located on 620 Richards Ferry Rd in Fredericksburg, VA 22406.

3. Description of the Supplies and/or Services required to meet the agency’s needs (including the period of performance, estimated value and options):

ATF’s FATD has a requirement for Firearms Enforcement Advanced training for 10 students to be completed prior to 9/30/2021. The estimated cost is $15,750 for five (5) courses; this includes a discount of $1,750 ( ).

4. Statutory Authority permitting Other than Full and Open Competition:

The proposed acquisition strategy for this requirement is pursuant to 41 U.S. Code § 3304(a)(1) and the Federal Acquisition Regulation (FAR) subpart 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”.

5. Demonstration that the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of Authority Cited:

Team One Network the only firm that can provide all Springfield, CZ Scorpion and CZ P-10 armorer training courses in the U.S. as this is the firm contracted to provide such instruction to all law-enforcement and military personnel who need the specialized, firearms certification.

6. 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 FAR 5.2 and, if not, which exception under FAR 5.202 applies:

Since this requirement is more than $15,000 per FAR 5.101(a)(2), the Contracting Officer (CO) will post a Special Notice via www.SAM.gov.

7. Determination by the CO that the Anticipated Cost to the Government, including options, will be Fair and Reasonable:

Per FAR 13.106-3(a) and based on the below comparisons, the CO determines the estimated price to be fair and reasonable.

BN-JOFOC Control #: ATF-21-0053, DJA-21-AFAT-PR-0511, Page 2 of 4

Vendor Course Price per Student Team One Network Springfield and CZ Armorer Courses Indiana Law Enforcement Academy

Multiple Courses (from “Understanding Police Use of Force” to “Special Weapons and Tactics”)

$199-$820

Guilford Technical Community College

Specialized Courses for Law Enforcement (from one {1} to 100+ hours)

$78-$188

The Voice of Texas Law Enforcement

Routine Training $40-$150

Various Police Academy $6,700

8. Description of the Market Research (MR) conducted and the results or a Statement of the reason MR was not conducted:

FATD conducted minimal market research because it already knew only Team One Network was the only authorized provider of the required training courses.

The CO conducted market research on the following sites: AbilityOne, Unicor, the Acquisition Gateway Hallways (AGH), the General Services Administration’s (GSA) eLibrary, GSA Advantage, and Google. She found AbilityOne, Unicor or GSA eLibrary offer the required training. AGH returned eight (8) of 356 solutions when searching the North American Industry Classification System code, 611430; however, none can satisfy this requirement.

GSA Advantage returned 33 firms for “officer survival training”; 19 of which were Small Businesses. The results dropped to eight (8) firms when filtered for “law” and “enforcement”.

The results dropped to zero (0) when filtered for “Springfield”, “CZ” or “armorer”.

a) There are possible Small Business on GSA; however, they’re not authorized to provide the required training.

b) These training courses are considered commercial items that are customarily available in the commercial marketplace and made to meet the Federal Government’s requirements. Per FAR 2.101, they don’t need “minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements”, nor do they “significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process”.

c) The practices of firms engaged in producing, distributing, and supporting the required supplies or services include entering into contracts with commercial and/or government entities for these items, offering warranties, offering traditional buyer financing, providing maintenance, packaging and marking as requested by their customer.

d) No Environmental Protection Agency (EPA) or United States Department of Agriculture- (USDA-) designated items are being acquired; therefore, recovered materials need not be considered per FAR 23.4.

BN-JOFOC Control #: ATF-21-0053, DJA-21-AFAT-PR-0511, Page 3 of 4

e) Consolidation is not necessary and does not need to be justified in separate documentation, regardless if the value will not exceed $2M.

f) Bundling is not necessary and does not need to be justified in a separate documentation.

9. Any other Facts Supporting the use of Other than Full and Open Competition:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work (SOW) or purchase descriptions suitable for full and open competition have not been developed or are not available: This requirement is for training courses and to be excluded from full and open competition per this justification.

b) When FAR 6.302-1 is cited for follow-on acquisitions as described in FAR 6.302- 1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. This is not a follow-on to an order for the continued development or production of a major system or highly-specialized equipment, including major components thereof.

c) When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. FAR 6.302-2 is not cited; nor is it applicable to this acquisition.

10. Listing of Sources that expressed a written interest in this acquisition:

Since this requirement has yet to be posted, no sources have expressed a written interest in this acquisition other than the one (1) that provided the pricing information to the Program Office. Should firms respond to the posting via www.Beta.SAM.gov, FATD will review their capabilities, and the CO will include its assessment and firm’s information in the file.

11. Actions, if any, Taken to Remove or Overcome Barriers to Competition:

The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable, when required.

Similarly, FATD will continue researching the marketplace and communicating with other agencies, to determine if similar products and/or services can meet its needs in the future and to remedy the restricted competition.