JA_Sole_Source_Justification_Sniper_Sustainment_amend01_Final_REDACTED.pdf

JA No. 17-007

Sole Source

Justification Under the Authority of the FAR 13.5 Simplified Procedures for

Certain Commercial Items

41 U.S.C. 1901

Justification for Other Than Full and Open Competition

FAR 13.501

Authority: (41 U.S.C. 1901)

Project/Program Name: Sniper Cadre Trainer/Sniper Sustainment Course of Instruction

Component/PEO/Other: COMNAVSPECWARCOM

Estimated Contract Cost (including options): $1,200,000.00

Origina J&A Amount: $700,000.00

Type: (Individual or Class )

JA No.

17-007

Amendment 01

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

Agency: USSOCOM

Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b)(2))

Approval is being requested to increase the contract ceiling on H92240-17-D-0003, an existing

Sole Source Contract with Accuracy 1st, Inc. for a Sniper Sustainment Courses of Instruction.

The current ceiling amount under this contract is $700,000.00. The Government intends to increase the ceiling by $500,000.00 bringing the new total ceiling to $1,200,000.00. The current period of performance is 1 Feb 2017–31 Jan 2022.

This request is necessary due to an increase in demand for these services which has resulted in a higher burn rate than anticipated at time of contract award. The Government estimates the

Per FAR 13.501, post on FBO within 14 days after contract award, or within 30 if based on urgency (unless a 5.202 exception applies).

If citing brand name post with solicitation.

current contract ceiling of $700,000.00 will be exhausted in approximately 6 months. The requested increase will provide for continuation of these mission critical services through the end of the original contract performance period.

This estimate is based on the current burn rate of $18.5K per month from contract award through October 2019 (33 mos.). A contract capacity of approximately of $500K is required to meet this burn rate which is expected to continue through the remaining 27 months of the contract performance period.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

The objective of this requirement is to train NSW Sniper personnel in the Horus TReMoR II reticle in all its applications and uses, including instruction on the A Trag Ballistic Software program and Tremor II reticle, the A Trag software package, and associated hardware components. Currently, new staff members have not received the necessary training to become subject matter experts in the use of the recently acquired sniper rifle scopes and reticle. The increase in capacity will provide for continuation of these mission critical services through the planned performance period.

4. Authority Cited: (FAR 6.303-2(b)(4))

This sole source acquisition is being conducted under the authority of the simplified acquisition procedures for certain commercial items at 41 U.S.C. 1901, as implemented by FAR 13.501(a).

In accordance with FAR 13.106-1(b)(1)(i), Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

In accordance with FAR 5.201, this requirement was synopsized via FedBizOpps on 12 Oct

2016. No capability statements were received in response to the RFI. Accuracy 1st, Inc.

[CAGE Code: 43LS0] is the only Kestrel certified trainer for military groups on the functionality and application of the Kestrel Elite with Applied Ballistics and Kestrel TACX with Applied Ballistics. The Primary Instructor at Accuracy 1st, Inc. developed the Atrag and

AB ballistic programs and the TreMoR II reticle which were adopted by and are currently in use by Naval Special Warfare. Additionally, Accuracy 1st, Inc. is the only Nielsen Kellerman

(Kestrel) Certified vendor with instructors qualified to provide first hand expert training on their use. Reference the Training Certification Letter signed by the equipment manufacturer located in the contract file. The Accuracy 1st, Inc. facility offers an advanced sniper course providing 1000 meter ranges with 360 degree fields of fire allowing snipers to address the unique wind and terrain challenges that these systems are designed for. There are no other vendors capable of providing instructor level training on the use and employment of the aforementioned systems.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6))

The notice will be posted with the solicitation as it cites a brand name.

A notice will be posted within 14 days of contract award (30 if based on urgency).

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: .

7. Market Research: (FAR 6.303-2(b)(8))

In accordance with FAR 5.201, this requirement was synopsized as a Request for

Information/Notice of Intent via FedBizOpps on 12 Oct 2016. No capability statements were received in response to the RFI. Accuracy 1st, Inc., a small business, is the only Kestrel certified trainer for military groups regarding in depth training to military groups on the functionality and application of the Kestrel Elite with Applied Ballistics and Kestrel TACX with Applied Ballistics. Reference the Training Certification Letter signed by the equipment manufacturer located in the contract file. There are no other vendors capable of providing instructor level training on the use and employment of the aforementioned systems. Market research shows that the Government has no reasonable expectation of obtaining offers from two or more responsible small businesses that are competitive in terms of market prices, quality, and delivery in meeting the requirements. Recommend making an award to Accuracy

1st, Inc. on a sole source basis in accordance with the approved Sole Source Justification document located in the contract file.

Additional Market research was conducted in September/October of 2019 to review the marketplace for new sources and none with the requisite capability were identified.

Confirmation of Accuracy 1st status as a Sole Source provider of the aforementioned services was requested and received from Neilsen-Kellerman, the parent company of Kestrel. Accuracy

1st is still the only vendor authorized to provided these services.

The contracting office will continue to conduct market rearch and publicize contract actions through the Government Point of Entry, including those actions with limited sources, in an effort to inform potential vendors of these opportunities. Additionally, market research will be conducted with an eye toward seeking additional technically capable vendors in the commercial marketplace.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11))

Accuracy 1st, Inc.

10581 Mendota Road

Canadian, TX 79014

DUNS: 603588166

CAGE Code: 43LS0

9. Other Authorities/Factors: (FAR 6.303-2(b)(9))

None.

10. Technical and Requirements Certification:

Approval Levels < $650K

Ech II APM

Ech III Dept Head or Above

Ech IV CO, XO, CMC

Approval Levels ≥ $650K

Ech II ACOS/SA or Deputy

Ech III Commodore/ CO, CSO or CMC

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:

NAME: ______________________ TITLE: _______________________________

SIGNATURE: _______________________________ DATE: _________________

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4. Price fair and reasonableness will be conducted at the task order level; this J&A serves as ceiling increase only.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification:

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

NAME: Michelle Riisma TITLE: Contracting Officer

SIGNATURE: _______________________________ DATE:

13. Legal: SOFARS 5601-1

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: ___________________________ TITLE: __________________________

14. Competition Advocate General Approval (CAG): (If over Component Competition

Advocate Approval Authority, [see SOFARS 5601-1 for your component’s approval authorities], up to $12.5M. Note CAG must also sign above $12.5M.) SOFARS

5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

NAME: ___________________________ TITLE: __________________________