Explosives Weapons and Response Tactics Courses_JOFOC_SAM Posting 07-01-2021.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Date: March 16, 2021

MEMORANDUM TO: Jennifer Dudek, Contracting Officer

ADM/AMD/OBB

FROM: Brad Bergemann, Contracting Officer Representative

OCHCO/ADHRTD/TTC/STTB

SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION (JOFOC)

REFERENCE: EXPLOSIVES, WEAPONS, AND RESPONSE TACTICS

TRAINING

“Source Selection Information – see FAR 2.101 and 3.104”

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

a. Acquisition purpose and objectives.

The objective of this contract is to assist the Nuclear Regulatory Commission (NRC) in conducting security training courses for NRC personnel, contractors, Agreement State inspectors and certain international students in support of their security inspection duties and responsibilities. The support shall be provided by trained and qualified instructors/staff with expertise in current weapon systems, tactics, explosives and breaching techniques employed by terrorist groups as well as Local Law Enforcement Agencies (LLEA) response protocols associated with NRC licensed facilities.

b. Project background.

After the September 11, 2001, terrorist attacks, the NRC determined that enhancements needed to be made to physical security at NRC licensed facilities. In addition, NRC personnel, contractors and Agreement State inspectors needed to receive specific physical security training to understand and inspect these enhancements as part of their regulatory duties and responsibilities. Additionally, certain international students needed to enhance their understanding of the NRC inspection program to help their inspectors fulfill specific inspection missions.

To meet these challenges, inspectors must possess and maintain a thorough understanding of the various weapon systems, tactics, explosives and breaching techniques employed by terrorist groups as well as their effects on plant personnel and equipment. Likewise, the inspectors must be familiar with the licensee’s integrated response from LLEAs and must be able to assess the survivability of the licensee physical security programs against acts of terrorism to perform their regulatory duties and responsibilities.

The performance of this contract must be conducted within forty miles of the NRC Technical Training Center (TTC) in Chattanooga, Tennessee. This allows NRC staff to conduct the required security training that is designated safeguards information (SGI) in an NRC approved SGI classroom at the TTC while remaining near the necessary firearms and explosives range training facilities.

c. Name and address of the proposed contractor(s).

City of Chattanooga, TN (Police Department) 101 E.11th St. Chattanooga, TN 37402

2. Description of the supplies or services required to meet the agency’s needs.

a. Project title.

Explosives, Weapons, and Response Tactics Training

b. Project description.

The contractor shall be responsible for providing a firearms and explosives range training facility with a classroom and shall prepare and deliver training on current weapon systems, tactics, explosives, breaching techniques and LLEA response protocols associated with NRC licensed facilities. Additionally, the contractor shall provide the necessary equipment and materials to include weapon systems and ammunition, explosive charges and barrier materials for demonstrating activities associated with defeating physical security systems (barriers) at NRC licensed facilities.

The NRC reserves the right to supplement the courses with personnel and equipment to better facilitate the conduct of the courses.

The project will provide support for the following three Tasks (training programs):

1) S-502 Explosives, Blast Effects and Breaching Field Course The contractor shall utilize current instructional programs to support the NRC in providing instruction in explosives and breaching techniques. The contractor shall provide a well-equipped training facility capable of supporting the course for up to 35 students. The classroom and field facilities will be sufficient to demonstrate various types and forces of explosives up to 15 pounds of trinitrotoluene equivalent. All personnel involved with the instruction shall be certified to handle, use and dispose of such materials.

2) S-501 Weapons, and Tactics Fundamentals Field Course providing instruction in current weapon systems and tactics. The contractor shall provide a well-equipped training facility capable of supporting the course for up to 35 students. The facility shall be capable of supporting live fire demonstrations as well as Simunitions®, a Firearms Training Simulator (FTS), Multiple Integrated Laser Engagement System (MILES) and/or Svenska Aeroplan Aktie Bolag (SAAB) military defense and security simulation gear. The training facility should include ranges that support handguns and rifles up to and including .50 caliber with a minimum of 15 positions (lanes) and shooting distance of 100 meters.

3) S-201 NRC Materials Control, Security Systems, and Principles Course providing instruction in response protocols regarding LLEA agreements with NRC licensed facilities. The contractor shall provide a law enforcement officer to conduct appropriate training/discussion regarding LLEA response to a Category 1 or 2 Materials licensee for emergencies to include: theft and diversion;

integrated response; potential hazards and solutions; approximate response times and number of response personnel; and typical response equipment carried.

c. Acquisition Information.

• Requirement type.

☐ Research & development (R&D) ☐ R&D support services ☒ Support services (non-R&D) ☐ Supplies/equipment ☐ Information Technology (IT) or Electronic and Information Technology (EIT) ☐ Construction ☐ Architect-engineer (A-E) services ☐ Design-build ☐ Other (specify):

• Type of action.

☐ New requirement ☒ Follow-on ☐ Other (specify): ______________________

• Proposed contract/order type.

☒ Firm-fixed-price ☐ Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ ☐ Cost-plus-fixed-fee ☐ Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ ☐ Time and materials ☐ Labor Hours ☐ Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

• Statement of Work Type

☒ Completion ☐ Level of Effort ☐ Performance Based

• Requisition number.

OCHCO-21-0010

• Total estimated dollar value and performance/delivery period.

$255,000.00. The period of performance shall be five years from date of award.

3. Identification of the justification rationale.

☒ This acquisition is conducted under FAR 6.302- 1.

☒ 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements ☐ 6.302-2 Unusual and compelling urgency ☐ 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services ☐ 6.302-4 International agreement ☐ 6.302-5 Authorized or required by statute ☐ 6.302-6 National security ☐ 6.302-7 Public interest

4. Description of the proposed contractor(s) unique qualifications to provide the required supply or service.

A detailed market research was conducted and it was determined that Chattanooga Police Department (CPD) remains the only agency with the required experience that is able to effectively meet NRCs broad scope of training activities specified in the Statement of Work (SOW) (i.e., weapons, tactics, explosives, breaching and licensee integrated response protocols) while effectively supplying the necessary equipment and range training facilities meeting the minimum requirements specified in the SOW (e.g., a range capable of detonating up to 15 pounds of trinitrotoluene (TNT) equivalent) within the specified 40-mile distance of the TTC.

Over the past 10 years, the CPD has supported the NRC with the necessary resources required to conduct the S-201, S-501 and S-502 security courses. They have provided the NRC with a local certified training facility (i.e., classroom and weapons/explosives range) and instructors to assist NRC staff with providing nuclear security training in Chattanooga, TN as part of the NRCs nuclear security inspector qualification program.

The ability to prepare and qualify NRC security and Agreement State inspectors to conduct security inspections using the technical knowledge gained from these courses is critical to the NRC mission of protecting public health and safety.

The CPD provides the facility (classroom and range), equipment (weapons, explosives, etc.) and instructional expertise to deliver training on current weapon systems, explosives, breaching techniques, and their associated capabilities and effects allowing students (inspectors) to gain a better understanding in the performance of their security inspection activities. The CPD staff also delivers instruction on response protocols associated with the protection and response to the theft of radiological materials in accordance with (IAW) Title 10 of the Code of Federal Regulations (CFR), Part 37.

Additionally, the CPD training facility and staff allows NRC Force on Force (FoF) contractors, located in Oak Ridge, TN to participate and deliver enhanced training on the simulated weapons systems and equipment used during NRC Force on Force exercises to students (inspectors) during the S-501 security course, which may not be available/possible if the training was conducted at other locations.

In summary, based on market research, the CPD (i.e., staff and facility) remains the only viable choice (source) that meets all the following criteria to deliver the highly specialized security courses required to train and qualify security inspectors.

1) The CPD training facility (classroom and range) is located near the TTC, (which allows for security classes that are designated SGI in the courses to be conducted in a certified SGI classroom at the TTC; and

2) The CPD has the instructional staff and equipment locally available to deliver training on various weapon systems, explosives and breaching demonstrations (up to 15 pounds TNT equivalent) and response protocols associated with the protection and theft of radiological materials IAW 10 CFR Part 37.

5. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Market research conducted has determined that other large and small commercial entities, as well as other Federal Agencies do not have the ability to support the courses based on the combination of location requirements (near Chattanooga, TN), facility requirements (a range capable of detonating 15 pounds of TNT equivalent) and ability to provide local instructional staff and equipment. A notice of intent to sole source was posted on beta.SAM.gov on January 22, 2021 for 15 days in accordance with FAR

5.203. No responses were received.

6. Description of the efforts made by the Contracting Officer (CO) to determine that the cost/price of the contract/order is fair and reasonable consistent with FAR 8.404(d) or 15.406-2.

In order to determine the proposed price is fair and reasonable, the CO compared the price proposed to the prices paid for services under NRC Contract No. NRC-HQ-84-15- C-0005 . The CO also performed a comparison to the Independent Government Cost Estimate.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Extensive Market Research was conducted for this procurement with a list of hundreds of potential vendors contacted. A subset from that list was contacted and it was concluded that no other vendors had the required experience to effectively meet NRCs broad scope of training activities specified in the SOW (i.e., weapons, tactics, explosives, breaching and licensee integrated response protocols) while effectively supplying the necessary equipment and range training facilities meeting the minimum requirements specified in the SOW (e.g., a range capable of detonating up to 15 pounds of trinitrotoluene (TNT) equivalent) within the specified 40-mile distance of the TTC.

Additionally, in 2020 a Sources Sought Notice (SSN) was issued on beta.SAM.gov;

Notice ID No. 31310020R0013. Responses were received from two interested entities.

Please see item 9 below for responding entities to the SSN and NRC’s evaluation of their capabilities.

8. Other factors supporting the justification, if any.

The nature of this specialty training requires instructors to have extensive experience and maintain certifications due to the nature of the work (e.g., weapons, explosives, integrated response, etc.). Additionally, some of the training and discussions in the courses involves security-sensitive subject matter that is best taught by law enforcement personnel.

In summary, CPD has successfully demonstrated supporting the NRC with security training and preparing security inspectors to perform their assigned duties in technical areas involving explosives, blast effects, breaching, weapons and tactics critical to supporting the NRC mission of protecting public health and safety. The combination of conducting SGI security training in an SGI approved classroom at the TTC while seamlessly transitioning to a nearby range capable of demonstrating explosives and breaching allows the TTC to deliver this broad and specialized training at one centralized location.

9. List sources, if any, that have expressed an interest in the acquisition.

1) K2 Group, Incorporated. 8221 Old Courthouse Road, Suite 204, Vienna, VA 22182.

Responded to SSN. Based on the responses, the vendor appears capable of supplying the training and expertise for the security courses. However, K2 Group does not have a facility near the TTC and their SSN synopsis includes providing a full-time Program Manager (PM) in Chattanooga, TN to support the program. The SOW does not include the resources (hours and budget) to support a full-time PM.

2) Blue Line Distribution LLC. www.bluelinedistributionllcgov.com (no physical address provided). The Vendor did not provide adequate responses to the SSN Questions.

Based on the Vendor’s responses, they do not appear to meet the minimum Technical capabilities required for the security Courses (e.g., weapons, explosives expertise, etc.).

10. If applicable, describe the actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

The NRCs Acquisition Management Division will closely scrutinize future requests for renewal of this type of support and will ensure that any restrictions to competition are adequately supported and documented.

11. Certifications

By signing below, the COR certifies that the justification is accurate and complete to the best of his or her knowledge and belief.

Contracting Officer Representative

Brad Bergemann, Senior Security Training Specialist Specialized Technical Training & Support Branch Associate Directorate for HR Training and Development Office of the Chief Human Capital Officer

This is to certify that the justification for the proposed acquisition has been reviewed and that, to the best of my knowledge and belief, the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer

Jennifer Dudek, Contracting Officer Operations Branch B Acquisition Management Division Office of Administration http://www.bluelinedistributionllcgov.com/