FY24 ODS NIMS Justification for an Exception to Fair Opportunity FAR Part 16.5_Redacted.pdf

CUI//SP-SSEL

Control Number:

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

1 JUN 2023

Justification Review Document for an Exception to Fair Opportunity – FAR 16.505(b)(2)

Program/Equipment: National Institute for Metalworking Skills (NIMS) that includes CNC Milling Certification Measurement, Materials, and Safety; Job Planning, Benchwork, and Layout; Manual Drill Press Operations; CNC Milling: Programming Setup & Operations;

CNC Turning: Operator; CNC Milling; Operator; CNC Turning.

Authority: (Identify the statutory authority permitting the justification for an exception to fair opportunity followed by the specific FAR citation and its title. E.g., "10 United States Code 3406(c)(5) as implemented in Federal Acquisition Regulation 16.505(b)(2)”)

Amount:

Prepared by: Michael A. Brown, ODS COR

Typed Name: Michael A. Brown DSN: 539-9731

Title: Training Specialist - COR Date: 5 April 2024

E-mail: michael.a.brown425.civ@army.mil

Contracting Officer:

Typed Name: Brandon N. Johnson DSN: _____________________

Date Reviewed: __________________E-Mail: ________________________________

Technical Representative:

Typed Name: Kendrick L. Gamble DSN: 539-9755

Title: Training Specialist Date Reviewed: 5 April 2024

Requirements Representative:

Typed Name: Kendrick L. Gamble DSN: 539-9755

Title: Training Specialist Date Reviewed:5 April 2024

2024-011

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Reviews

I have reviewed this justification and find it adequate to support the justification for an exception to fair opportunity.

Legal Counsel

Typed Name: ________________________________DSN: ______________________

Signature: _________________________________ Date: ______________________

Command Advocate for Competition (As a reviewer, applies if J&A value exceeds $15M)

Senior Contracting Official (As a reviewer, applicable only if the SCO is a GO/SES and J&A total dollar value exceeds $100M; If SCO is not a GO/SES, applicable if J&A value exceeds $15M.)

Head of the Contracting Activity or Designee (Only applies if total J&A value over $100M; If delegated SCO at GO/SES level only; otherwise, HCA.

NOTE: For ACC, remove this signature block as all SPE level J&As must be concurred upon by either HCA or Deputy to the Commanding General on AMC Form 356.)

Senior Procurement Executive (Only applies if total dollar value exceeds $100M.

Authority cannot be delegated, except in the case of the Under Secretary of Defense for

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Acquisition and Sustainment, acting as the SPE for the Department of Defense).

Signature: ___________________________________Date: _______________________

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: MICC- Fort Gregg-Adams.

2. Description of Action: This approval is for a new contract for the National Institute for Metalworking Skills (NIMS) credentials which are earned by students, trainees, apprentices, employees, and military personnel nationwide and around the world.

3. Description of Supplies/Services: The requirement is to provide U.S. Army Ordnance School (USAOS) students with the study materials and comprehensive exams to pursue and secure the following credentials from the National Institute for Metalworking Skills:

CNC Milling Certification Measurement, Materials, and Safety; Job Planning, Benchwork, and Layout; Manual Drill Press Operations; CNC Milling: Programming Setup & Operations; CNC Turning: Operator; CNC Milling; Operator; CNC Turning.

This requirement supports the goal to offer USAOS students opportunities to receive lifetime certificates in National Institute Metalworking Skills (NIMS) that includes CNC Milling Certification Measurement, Materials, and Safety; Job Planning, Benchwork, and Layout; Manual Drill Press Operations; CNC Milling: Programming Setup & Operations;

CNC Turning: Operator; CNC Milling; Operator; CNC Turning so that they will be competitive in the job market when separating from the Army. Estimated total value for FY24 is .

4. Authority Cited: Identify the statutory authority permitting the justification for an exception to fair opportunity followed by the specific FAR citation and its title. "10 United States Code 3406(c)(5) as implemented in Federal Acquisition Regulation 16.505(b)(2)”.

5. Reason for Authority Cited: Describe how this action requires the use of the authority; FAR 16.505(b)(2). If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor’s unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

6. Efforts to Obtain Competition: The National Institute for Metalworking Skills (NIMS) offers a flexible and suitable program and is the only organization that offers these NIMS ( CNC Milling Certification Measurement, Materials, and Safety; Job Planning, CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Benchwork, and Layout; Manual Drill Press Operations; CNC Milling: Programming Setup & Operations; CNC Turning: Operator; CNC Milling; Operator; CNC Turning certifications.

a. Effective competition. Describe the extent of effective competition anticipated for this acquisition.

b. Subcontracting competition. In single source situations, address efforts by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

7. Actions to Increase Competition: NOTE: IAW DFARS 216.505(b)(2) and PGI 216.505, for any order exceeding SAT, that is a follow-on to an order previously issued for the same supply or service based on a justification for an exception to fair opportunity citing the authority at FAR 16.505(b)(2)(i)(B) or (C), the justification shall include a copy of the previous justification to assist the approval authority in determining whether the actions to remove or overcome any barriers that led to the exception to fair opportunity cited on the previous justification were completed and the approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 16.505(b)(2)(ii)(C).

If the previous justification was approved by the SPE, the approval remains at the SPE level. There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

8. Market Research: Research was conducted thru multiple organizations by web inquiries with respect to price, user specifications and capability to meet the specific needs of USAOS students. Review of the prices, terms, and conditions was completed and is the extent of market research performed for this requirement. Based upon the requirements for this contract all attempts were made to keep cost at a minimum. The National Institute for Metalworking Skills (NIMS) offered the more flexible program. As noted in the Performance Work Statement, a recommendation for a base year and four optional year is required to fulfill the mission of this contract.

The only organization that offers this program is the National Institute for Metalworking Skills (NIMS):

National Institute for Metalworking Skills (NIMS) that includes CNC Milling Certification Measurement, Materials, and Safety; Job Planning, Benchwork, and Layout; Manual

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Drill Press Operations; CNC Milling: Programming Setup & Operations; CNC Turning:

Operator; CNC Milling; Operator; CNC Turning. Total cost of development and grading of assessments, practical exercises, printing and shipping of initials transcripts and diplomas included in price. Total cost for each enrollment with study materials and test is Projected total cost for students. Certificates are awarded to the student upon their passing of the exam.

9. Other Facts:

a Procurement history. There were no previous contracts as this ASE Mil1 certification is a new requirement.

(1) Contract numbers and dates of the last several contracts for these same requirements.

(2)

(3)

(4)

(5)

(6)

(7)

b. Other facts.

10. Technical Certification: Include the following statement:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ______________________

Typed Name: ____________________________Title: _________________________

11. Requirements Certification: Include the following statement:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ______________________

Typed Name: ____________________________Title: _________________________

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

The individual(s) within the organization responsible for acquiring the supplies or services described in the justification (e.g., program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) is required to sign the technical and requirements certifications.

12. Fair and Reasonable Cost Determination: Include the following determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of the basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 applies.

Signature: ________________________________Date: _____________________

Typed Name: ____________________________Title: ________________________

13. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: _______________________

Typed Name: ____________________________Title: __________________________

Approval

Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured and total dollar value) on an other than full and open competition basis pursuant to the authority of (Identify the statutory authority permitting the justification for an exception to fair opportunity followed by the specific FAR citation and its title. "10 United States Code 3406(c)(5) as implemented in Federal Acquisition Regulation 16.505(b)(2)”) subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _____________________________ Date: _________________________

Typed Name: ___________________________ Title: __________________________