HDS_Bridge_JA_Redacted.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION I PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A} FOR OTHER THAN FULL AND

OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

41 U.S.C. 3304 (A) (2) AND FAR 6.302-2

Date: 27 September 2022

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), and the Professional Service Acquisition Unit (PSAU), has prepared this justification for other full and open competition for the Explosive Instructional Support Services for the Hazardous Devices School (HDS), FBI Critical Lncident Response Group.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

This action represents a new bridge contract, issued on a sole source basis to OGT for purposes of continuing existing, mission critical support that encompasses the full range of activities to include but not limited to classroom instruction, conducting practical problem training exercises that requires students to attend and satisfy standardized certification, re-certification, and advanced training. The current BPA, DJF- l 6-1200-V-0004462, was established in 2016 after the FBI assumed full responsibility for the Hazardous Devices School from the Department of the Army. The current call number is 15F06721F0000799 and is set to expire on 14 October 2022.

3. A description of the supplies or services required to meet the agency's needs.

The requirement is to continue existing, mission critical support that encompasses the full range of activities to include but not limited to classroom instruction, conducting practical problem training exercises that requires students to attend and satisfy standardized certification, re certification, and advanced training. The FBI HDS is the sole authority for the certification and recertification of all federal, state, local and tribal public safety bomb technicians (PSBT). HDS teaches standardized procedures that are uniquely tailored to the cutting-edge explosives threats facing the Unites States in furtherance of maintaining a national response force to improvised explosive devices (IEDs). Additionally, since 2019, HDS is responsible for ensuring each FBI Field Office is capable of Weapons of Mass Destruction (WMD) Dispersal Device Defeat.

Executive branch guidance to DOl/FBI has directed a more robust and sustained training program to defeat or mitigate chemical and biological threats or incidents. HDS tactics, techniques, and procedures (TTPs) are delivered to thousands of students from throughout the nation through a five-week certification course, a one-week recertification course (required triennially), and multiple advanced training courses. These courses ensure that every HDS-certified bomb technician is trained to the same standard. These TTPs support the domestic response to lED incidents (e.g. the 2013 Boston marathon bombings and the 2018 bombings in Austin, Texas) and national Special Security Events (e.g. the Papal visit, Presidential inauguration and the Super Bowl). The training must be provided so PSBTs can meet these requirements that cover a broad spectrum, with an infinite number of probable threats. From the TTPs used to counter what may be a simple lED all the way to those used in mitigating radiological "dirty bombs" and improvised nuclear weapons.

This bridge contract term will be for a period of 12 months (15 October 2022 to 14 October 2023) . The bridge contract is necessitated by timeline constraints and delays in awarding the Explosive Instructional Services Contract, specifically the amount of interest that was given from the RFI posted on 6 September 2022. The bridge is necessary to construct and issue an effective Request for Proposals (RFP), evaluate prospective bids, award a new logical follow-on contract, have built-in time for any transition that might have to take place and to train the new vendor in the specialized skills needed to perform in accordance with the SOW. The potential awardee will need to send their instructors through the hazardous device school and be familiar with the lesson plans. This will ensure that the instructors will be able to adapt to different scenarios that the student may have.

4. The 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)(2) as implemented by Federal Acquisition Regulation (FAR) subpart 6.302-2, Unusual and Compelling Urgency.

s. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the author.

OGT is uniquely qualified to continue providing explosive instructional services to HDS. OGT is currently the only provider that is in position and has the current working knowledge of the platform training and processes. They are the only vendor in position currently vetted, cleared and trained with the specialized skills to perform this effort. Additionally, this contractor has been traditionally understaffed due to the stringent qualification and in-depth specialized scope of work.

The awarding of this 12-month Bridge contract to OGT will eliminate the risk of delayed performance/lapse in service and additional expenses to the Government.

OGT thoroughly understands the training objectives and TTPs used to train PSBTs. OGT has employed instructors that can adjust to a variety TTPs and scenarios specific to training PSBTs and shall react in a manner appropriate to the way in which the scenario develops. Therefore, OGT instructors can react to the student's decisions within the scenario and observe all safety requirements and remain consistent with the overall objectives of training. The OGT instructors follow the directions of the FBI program managers. Having these services stopped would be harmful to federal, state, local and tribal public safety bomb technicians (PSBT) to include the FBI and its duty to properly deliver critical law enforcement and PSBT training to the protect the American people.

The FBI's current contract ends 14 October 2022. The FBI is unable to competitively select, award a contract, and perform all required security reviews for a potentially new vendor before 14 October 2022. This bridge contract will allow services to continue during the acquisition process for a new contract and will ensure services are not interrupted during the acquisition process. OGT is the current incumbent and has performed the services for over six (6) years. Any attempt to use procedures other than those under the authority would significantly interrupt CIRG HDS' mission.

Procedures other than those under the authority require significant time to solicit, award and staff;

meanwhile, without the bridge contract contractor services would be removed and CIRG HDS' capabilities would suffer.

6. A 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

This sole source J&A (redacted) will be posted on sam.gov.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

this sensitive requirement with a 12-month period of performance. The CO will utilize historical pricing data and the IGCE to determine price fairness and reasonableness. Additionally, the FBI Contracting Officer will consider information gained from market research conducted as part of the acquisition planning process for the new IMD requirement. The Contracting Officer will negotiate any pricing terms that appear unreasonable based on market research and historical records.

8. A description of the market research conducted and the results.

Market research was conducted through several web searches that included SAM, SBA data base, interagency contract vehicles, and posting an RFI through the System for Award Management (SAM) on 6 September 2022. Five interested vendors responded to the RFI with various levels of experience and expertise. Four of the five responses were small business. FAR 19.502-2(b)(1) states that if you have at least 2 small business concerns that are potentially capable of meeting the requirement and will submit fair and reasonable prices, the requirement shall be set aside. The four smalls that submitted were assessed that all were potentially capable of meeting the requirement.

9. Any other facts supporting the use of other than full and open competition.

For the reasons stated in Section 5, Oak Grove is the only vendor in position that can currently maintain the services for HDS between 15 October 2022 (current contract POP ends) and the time when a new service contract is competitively awarded. Anything less than a Bridge contract would lead to a gap in critical services.

10. A listing of any sources that expressed a written interest in the acquisition.

Based on the RFI that was posted on 6 September 2022, five (5) interested vendors responded to the posting. 1) K2 Group: K2 Group is a small business concern. 2) Martin Fed: Martin Federal Consulting is a small business concern. 3) USBTAIARA: USBTA Service Group (USBTA SG), in partnership with Applied Research Association (ARA), and the Unites Stated Bomb Technician Association (USBTA) are a small business concern. 4) ZeroPointIR3: Zero PointIR3 are a small business concern. 5) Oak Grove: OGT is the current incumbent, large business, and has performed the services for over six (6) years.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The proposed sole source bridge contract is only intended as a stop gap measure to avoid losing mission critical analysis support services between expiration of the current contract and award of the new contract and to cover any potential protests of the new contract. The FBI anticipates having this new contract awarded during the period of performance of this bridge. Once awarded, the FBI will no longer require the current bridge contract.

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justifi tion, and which form a basis for this justification, ar:ecomplete and

Contracting Officer:

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

S~J?~' 10106/2022 Signature Date Stephen Phillippi