DHS Justification and Approval for Other Than Full and Open Competition Guide_Redacted.pdf

U.S. Department of Homeland Security Office of the Chief Procurement Officer

Justification and Approval for Other Than Full and Open Competition Version 3.4

October 2022 Page 2

(f) Year of funding: Fiscal Year 2024

(g) Solicitation number: 70T05024Q7670N004

(h) Background information about the requirement:

The 9/11 Memorial and Museum has created virtual programs to help students understand 9/11 and its ongoing importance. TSA will utilize the 9/11 Memorial and Museum video in the curriculum for all new-hire employees. The 9/11 Memorial and Museum has previously provided this service to the TSA.

3. Description of Supplies/Services.

The TSA seeks approval to purchase a license to use the 9/11 Memorial and Museum-TSA Virtual Training Program video that is to be included in the new hire curriculum. The components of the virtual training program shall include the following:

- An agency tailored remarks that introduce the importance of 9/11 to TSA’s mission.

- A virtual tour of the museum’s key spaces

- A Q&A with a senior-staff member from the museum

- Stories of those affected by the attacks

The video will be viewed by approximately 11,125 students annually. The video is completely reshot every year, to include new segments, to align with TSA’s requirements in its evolving security mission.

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

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute

Not applicable (N/A).

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

(a) Rationale for using the authority cited in section 4 of the J&A;

The 9/11 Memorial and Museum is the only provider of the course content. As the only museum and memorial at ground zero, they have exclusive access to the site, the artifacts, and staff that are necessary to tell the story of 9/11. There is no other source that can provide this.

(b) Details covering what events lead to the situation requiring use of other than full and open

Justification and Approval for Other Than Full and Open Competition

October 2022 Page 3 competition procedures including whether any portion of the work can be segregated to allow for competition;

There are other training providers but none that have the access to ground zero and the artifacts and staff at the site that are necessary to fully provide the immersive training that details TSA’s origin as a result of 9/11.

(c) Summarize alternatives considered and why they will not work;

Alternative sources do not have access to ground zero and thus cannot begin to provide the training that the TSA requires.

(d) Impact to the mission that would result if the J&A is not approved and, consequently, the product or service not provided.

If the J&A is not improved and the service not provided, new hire employees would not receive the level of training required to fully explain the importance of 9/11 to TSA’s mission. Without this foundational knowledge, new hire employees would not fully grasp why the TSA is so important to our nation’s security, which in turn could jeopardize its mission.

(e) Rationale for use of the non-availability exception to the Buy American statute, including detailed information explaining why the particular articles, materials, or supplies of the class or kind to be acquired, either as end items or components, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

Not Applicable (N/A)

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

An Intent to Sole Source was posted on sam.gov on 1/9/2024. The noticed closed on 1/25/24 with no responses received.

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

The Contracting Officer (CO) determines that the anticipated price(s) will be fair and reasonable based on comparisons of historical prices paid in accordance with FAR 15.404-1 (b)(2)(ii) and comparison with Independent Government Cost Estimate (IGCE) in accordance with FAR 15.404- 1 (b)(2)(v).

The CO will attempt to negotiate a lower price for the option years with the assumption that there would be no major changes (such as shooting in 4k video and adding a multitude of entirely new segments) to the annual video reshoot. The anticipated lower prices are factored in to the estimated values for option years one and two.

Justification and Approval for Other Than Full and Open Competition

October 2022 Page 4

9. Description of Market Research.

Market research has been conducted and it has been determined that the 9/11 Memorial and Museum is the only source to procure this unique one of a kind video. The 9/11 Memorial and Museum is built on ground zero in lower Manhattan allowing for direct access to all media narratives and authentic artifacts. The requested video created by the 9/11 Memorial and Museum will deliver employees a more personal story of loss, recovery, hope and most importantly highlighting TSA’s mission to protect our homeland. No other source has this ability.

In addition, as mentioned previously, an Intent to Sole Source was posted on sam.gov on 1/9/2024 and no responses were received by the time the notice closed on 1/25/24.

(a) Describe the market research results that support the determination that the items are non-available

(b) If market research was not conducted, a reason for its absence must be cited here.

(c) If patents, copyrights, and/or intellectual property are applicable to the acquisition, describe the circumstances for acquiring a patented or copyrighted product on the representation of the intellectual property holder that has not been licensed for resale.

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

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

None.

12. 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.

There are not many ways that the Government can increase competition for future acquisitions specific to the 9/11 Memorial and Museum and the importance of 9/11 when it comes to TSA’s mission. The only way would be to not include the 9/11 Memorial and Museum and try to convey the story of 9/11 and its direct relation to the formation of the TSA using other means. While this may possible, it is not the desire of the TSA currently to pursue other sources as it is believed that ground zero and the memorial and museum provide the most powerful means of conveying why the TSA is so important to our nation’s security.

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