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

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION GUIDE AND TEMPLATE

Attachment M – J&A Guide & Template Version 2.6 Page 1

FULL AND OPEN COMPETITION

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

Requisition Number: SHOP-PR-24-002743

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 (PSAU), has prepared this justification for other than full and open competition for leadership skill development curriculum for the purpose of enhancing leadership skills for Tactical Section personnel on behalf of the National Tactical Training Unit (NTTU) Critical Incident Response Group (CIRG).

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.

This action represents a bridge contract, issued on a sole-source basis to Teaching & Learning Connections, with a one-month 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.

This requirement is to provide a leadership skill development training course for the purpose of enhancing leadership skills for tactical section personnel. NTTU will host a three day professional development course in FY24, in which the vendor shall provide the required training. The courses shall focus on providing leaders with skills needed in instructional methods or effective one-on-one mentoring, when combined with their individual areas of expertise, will significantly increase their overall effectiveness in leadership positions. The course shall be lightly facilitated and include small groups discussions that encourage participant participation.

4. The statutory authority permitting other than full and open competition.

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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 6.302-1 (a)(2)(iii) entitled, “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.

Teaching & Learning Connections is led by Dr. Georgia Bozeday. Dr. Bozeday's formal education and over four-decade career spanning four professions creates a unique combination. Her academic credentials alone put her in a rare cohort. She has also spent over three decades in education at multiple levels and positions as a teacher, administrator, and professor. In a fourth career, she combined her formal schooling and experience in education to serve in the neuroscience department at Rush Hospital in Chicago. Dr. Bozeday also has unique insights into Tactical Section’s mission and people. All these characteristics combine create a fully custom product for the men and women of Tactical Section.

Teaching & Learning Connections will deliver a three-day in-service to provide Tactical Section, and CIRG, with the skills needed in these two areas which. Further, when combined with their individual areas of expertise, it will significantly increase their overall effectiveness in their positions.

Teaching & Learning Connections leverages decades in the fields of education and neuroscience, combined with unique insight into Tactical Section’s mission and people, to create a fully custom product.

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 justification and requirement will be publicized on SAM.gov as a Notice of Intent (NOI) to sole source.

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.

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

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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.

Internet searches and word of mouth discussions with other government entities were conducted. No other vendor was found to be able to provide the specific services as provided by Teaching & Learning Connections. Exceptional relationships with Teaching & Learning Connections, and the commitment of Tactical Section’s peers and partners to participate in this program, also contributed to the decision to utilize Teaching and Learning Connections.

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

As stated above, Teaching & Learning Connections will deliver a three-day in-service to provide Tactical Section, and CIRG, with the skills needed in these two areas which. Further, when combined with their individual areas of expertise, it will significantly increase their overall effectiveness in their positions. It is because of this, that we have determined that Teaching and Learning Connections is the only vendor capable of completing the 1-month bridge.

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

This requirement was not publicly synopsized. As such, no other sources have expressed an oral or written interest. Any responses from the NOI posted on SAM.gov will be listed here.

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

CIRG will continue to look for competitive alternatives for training and courses that meet the requirements mentioned in the PWS. PSAU will conduct more market research and look for more opportunities, as we anticipate a long-term requirement.

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

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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.

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: