JA action for Roleplayers redacted.pdf

405-146 (MRSD/SSD)

April , 2020

ACTION

MEMORANDUM FOR:

THROUGH:

FROM:

SUBJECT: Justification for Other than Full and Open Competition for Contract 70LGLY19CGLB00004, Three (3) Month Extension for the Roleplayers Support Services Contract, FLETC, Glynco, GA

REFERENCE: FAR 6.302-1, Only One Responsible Source and No Other Supplies and Services will Satisfy Agency Requirements

The purpose of this memorandum is to route the attached Justification and Approval for concurrence and approval.

J&A for Contract 70LGLY19CGLB00004, Roleplayer Support Services, FLETC Glynco GA

Pursuant to the requirements of the Competition in Contracting Act (CICA), as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.302-1, the justification for the use of statutory authority under FAR Subpart 6.3 is justified by the facts and rationale required under FAR 6.303-1 as follows:

Agency and Contracting Activity: The Department of Homeland Security (DHS), Federal Law Enforcement Training Centers (FLETC), Procurement Division (PRO) and Student Services Division (SSD).

Nature and/or description of the action being approved: This contract is a sole-source interim contract was necessary because of a protest against the competitive source selection. Corrective action was necessary that required amending the evaluation criteria and performing another source selection for the services. The new solicitation was released on April 24, 2020, with a projected award date of July 1, 2020 and a subsequent 30-day phase in period. Therefore, a three-month extension of this interim contract is requested to continue current services during the source selection process and phase in period.

Type of action: Firm-Fixed Price, Labor Hours, Reimbursable Amount: $ Year of Funding: FY20 Sole Source: Ops Tech Alliance, LLC

14000 Jericho Park Road Center for Business – Suite 2300 Bowie, Maryland 20715

Description of Supplies/Services: The Contractor shall provide management, supervision, equipment, tools, materials, and supplies to perform Roleplayer Services at FLETC, Glynco, Georgia. Required services of this acquisition include, but are not limited to hiring; training;

preparation; reporting; scheduling of roleplayers and inspections to support reality based law enforcement training exercises. This action will be for a three-month period to allow the appropriate time to complete the source selection for the next contract.

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 Federal Acquisition Regulation (FAR) Subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. The period of performance shall not exceed three months, which is the anticipated amount of time necessary to solicit and award a new long-term contract.

Demonstration that the Nature of the Acquisition Requires use of the Authority Cited:

Roleplayer services are vital to the training mission at FLETC, and the contract is on the list of critical contracts that must continue performance. aw enforcement instructors rely on roleplayers of all types to enhance and fulfil their training programs and give students the most realistic practical training experience possible. On-Center training ceased on or about March 20, 2020. While limited e-training for law enforcement students has continued the full law enforcement curriculum cannot be executed without completion of the requirement for scenario based training which includes roleplayer services. Roleplayer services are still required while training has stopped to ensure all scenarios are up to date and to train roleplayers on revised scenarios. Roleplayer services will be needed immediately when training resumes. This contract currently employs over 300 roleplayers that all require proper clearance and badging to access the FLETC facilities. A change in contractor would require badging updates and re-issuance for all employed, which would take longer than three months to complete. Also, a three month contractor would be excessive priced in order to re-coup start-up costs in such a short time with no guarantee of continued performance. As stated above when training resumes, roleplayer services will be needed immediately and FLETC will rely on the current experienced contractor to engage and make that possible. That can only happen with the current contractor with their existing roster of roleplayers who maintain their badges and continued their training while awaiting their return.

Description of Efforts Made to Endure that Offers are Solicited from as Many Potential Sources as is Practicable: These services are vital to the training mission of FLETC. A break in service would have severely impact training This J&A is to extend the current interim contract during the new source selection process. Therefore, other sources will not be sought.

Determination by the Contracting Officer that the Anticipated Cost to the Government will be

Fair and Reasonable: The Contracting Officer determined that prices are fair and reasonable based on current contract pricing.

Description of the Market Research: Market research was accomplished utilizing past history, market conditions, the internet, and responses from sources sought and pre-solicitations notices.

This was accomplished for both the previous and current source selections. Further market research will not be accomplished for this immediate need, but has been conducted as mandated for the follow-on action.

Any Other Facts Supporting the Use of Other than Full and Open Competition: No other facts are available for this action.

(10) A listing of the Sources, if Any that Expressed, in Writing an Interest in the Acquisition:

Synopsis is not required for this action in accordance with FAR Part 5.202(2). The incumbent contractor, Ops Tech Alliance, LLC, of this contract at current contract pricing starting May 1, 2020 through July 31, 2020. No other firms were solicited as a result of the action being governed by statute.

(11) Contracting Officer’s Certification: I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

(12) Technical/Requirements Personnel Certification: I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification is complete and accurate.

(13) Legal Counsel Review: I review this Justification and Approval for Other Than Full and Open Competition in accordance with HSAM 3006.304-70 and find it legally sufficient.

APPROVAL: