Justification for Other than Full and Open Competition (JA).pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Attachment M – J&A Guide & Template Version 2.6 Page 2

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (X)

Requisition Number: SHOP-PR-24-002537

Date: 8/15/2024

Estimated Contract Dollar Value: $XXXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Professional Services Acquisition Unit, has prepared this justification for other than full and open competition for ASIST (Applied Suicide Intervention Skills Training) T4T on behalf of the Employee Assistance Unit, Division.

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

It is the intent of the PSAU, Finance Division to acquire a firm fixed price contract for $XXXX. Thi action represents a bridge contract, issued on a sole-source basis to ASIST, with a 6-monh period of performance. This bridge is necessary to provide mission essential training and allow time to award a competitive long-term (i.e., base plus options) contract which is anticipated for

FY25.

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

A five-day T4T course is the first phase of becoming a Registered Suicide Intervention Trainer.

During the first two days, participants will experience (or re-experience) ASIST as any participant would. An appreciation of the participant’s perspective is essential to their success as a trainer. Participation in ASIST at T4T also provides a common experience to frame the work for the rest of the course. Moreover, there is always something new to learn from participation in ASIST. This is one of the elements that make being a trainer so rewarding. Every ASIST is different, primarily because ASIST is designed to bring out and work with the particular perspectives and skills that new participants bring to each ASIST. At the end of ASIST, a brief transition session will be held to give you a quick overview of the schedule for the next three days, which is presented Wednesday morning. A copy of the ASIST Trainer Manual will also be distributed. Participants will be given several homework assignments for that evening. This

Attachment M – J&A Guide & Template Version 2.6 Page 3 change will clearly signal the transition from participation to training. The third and fourth days have morning, afternoon, and evening schedules. Part of the morning of the third day is used to debrief the ASIST portion of the course and introduce them to the other members of the T4T team. (During the last three days of T4T, participants will work with the training team on a ratio of one Training Coach per five to six candidates.) The afternoon and evening times are coaching sessions for the “dress rehearsal” presentations of ASIST components in the mornings of the fourth and fifth days. Participants will need to attend an evening coaching session on one of these days and an afternoon coaching session on the other. Their particular schedule can only be determined on-site. Prior commitments can usually be accommodated but they will find that they need their unscheduled time for informal rehearsal. The last afternoon will focus on the expectations of a trainer and the organizing, planning, preparation, and presentation aspects of conducting ASIST.

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)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The LivingWorks Education, Inc. is uniquely qualified to meet the needs of the short-term requirement, due to their training courses being already established, without the need for development. Through Market Research conducted, it was determined that the training required by LivingWorks would fully meet the needs of the FBI, by providing personnel training for suicide awareness and prevention training without additional requirements hindering students from completing the courses. The time it would take to develop a course for FBI personnel, would cause severe delay in the mission of the FBI. Due to the time constraints, there is no other vendor that can provide this mission critical training that is already established, without jeopardizing the quality of the training being provided.

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.

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

Attachment M – J&A Guide & Template Version 2.6 Page 4

This sole source justification and requirement will be publicized in accordance with FAR5.202(a)(2).

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.

The anticipated cost associated with this bridge is $XXXX. The Contracting Officer will utilize techniques defined in FAR 15.404 to ensure fair and reasonable pricing is obtained by the Government.

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

Using the internet, the government researched other vendors who provide training similar to what the government is requiring and only found two, , Livingworks Education, Inc. and, International Critical Incidents Stress Foundation (ICISF), Inc. The goal is to train EAP personnel to deliver suicide awareness and prevention training to FBI employees. The ICISF, Inc. has an “Approved Instructor” program that would achieve the same goal. Their program, however, has several eligibility requirements that would render many of our collateral duty EAP personnel ineligible to apply. Such requirements include a Master’s in a mental health field, a host of prerequisite course offered by the ICISF, Inc. when available. This process could take months to complete.

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

The requested use of ASIST is based on their history of offering training services primarily to Federal employees. Having a contract in place with ASIST would allow for courses to take place directly after award, rather than waiting for courses to be developed that fully meet the requirements in the Statement of Work.

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

Since the procurement was not advertised, no other companies have expressed an interest either orally or in writing. Upon posting the J&A on SAM.gov, if any vendors respond, they will be documented here.

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

For this acquisition, no issuance of solicitation has been issued. If more vendors provide training services that specialize in suicide prevention training, then open competition would be encouraged. It is the intent of the Federal Bureau of Investigation to conduct market research in order to use fair and open competition in the future, in order to establish a long-term contract.

COs are not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below:

Reviews and Approvals (up to $750K)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Paul J Wright 7/5/2024 Signature Date

Contracting Officer:

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

Signature Date

8/22/2024

COs are not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below: