Sole_Source_Lyon_FY16_29_Mar.docx

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, 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).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Marine Corps Command and Staff College (CSC) is a 10-month Professional Military Education program designed to graduate joint military officers, hand-picked international/coalition officers, and interagency professionals to be prepared for the diverse leadership challenges they will face in supporting their nation’s security interests. They will be empowered and expected to be agile leaders for their respective service, nation, and agency. Exercise NINE INNINGS is the college's yearly, capstone planning exercise that culminates this Intermediate Level Education opportunity and certifies mid-grade military officers as Joint Professional Military Education (JPME) Phase 1 complete. Exercise NINE INNINGS, conducted during the last 10 years, has incorporated senior level (General Officer and Senior Executive Servants), subject matter experts to lead, advise, and mentor our students on matters pertaining to operational military, interagency and diplomatic matters as they plan combatant commander level operations. This year, the college has partnered with Commander, US Pacific Command to focus the exercise on current/real-world challenges faced within the command’s expanse area of responsibility.

These highly qualified experts (HQE) are critical for the duration of the NINE INNINGS exercise. They do not “role play” in the exercise, but are there to educate and mentor students throughout the process. As a capstone exercise, the students put their JPME experience to use and apply what they have learned to develop their solution to a complex problem while supporting a geographic combatant commander. These subject matter experts exercise a nuanced mentorship role where they allow the students to make some mistakes and learn from them as part of the planning process. There are 232 CSC students who will fill various command and component level planning positions as part of NINE-INNINGS 2016. As a “real-world” exercise, the HQE must understand the operating environment, the roles/missions/responsibilities of the military, other government agencies, and others’ national interests in the region. Each HQE must quickly immerse themselves within the real-world problem set, respect the span of control, coordinate with partner HQEs and CSC faculty, and harmonize their qualified insights to make NINE INNINGS the capstone experience our students need to validate the 10-month curriculum.

Exercise NINE INNINGS planning exercise is a yearly scheduled lesson and regular event in the CSC yearly curriculum. This year the exercise will be conducted 27 April – 13 May 2016 .

Ambassador David Lyon served 33 years with the Department of State and many of his foreign service postings were within the Pacific. As a career foreign service officer, he was charged to lead diplomatic efforts and create the conditions within a host-nation where military, interagency, and non-governmental agencies plan and work together to be a positive change-agent within the country and region of focus. In his final posting, he served as the Ambassador to the Pacific counties of Fiji, Kiribati, Nauru, Tonga, and Tuvalu. He recognizes how these small nations can play a significant role as the U.S. projects power and diplomacy in dealings with larger nations such as China. He has significant experience working with the U.S. military and leading within a team approach to develop better solutions. Ambassador Lyon understands how to build trusting relationships with military leaders while respecting the legal and respective operating responsibilities between DoD and the State Department.

The NINE INNINGS planning exercise is a yearly scheduled lesson and regular event in the CSC yearly curriculum. This year the exercise will be conducted 27 April – 13 May 2016. The college requires HQE participants who can quickly lead and mentor within their respective roles in the planning process. Specifically, Ambassador Lyon’s role is to advise student PACOM planning staffs who will be working to outline theater specific plans for CDRUSPACOM, actual. Ambassador Lyon’s experience as the senior U.S. diplomat within a country represents the needed facets of diplomacy and an understanding of the power of relationships within the partner nation to work in concert with other instruments of national power. This Pacific-focused diplomacy makes him ideally suited to mentor planning efforts for this iteration of NINE INNINGS. His significant operational and department experience at the Department of State, in the PACOM area of responsibility and around the globe, and experience as a senior government official is integral to educating our students, likely be working on senior leader staffs and working with interagency partners in their next assignments. A perspective of this nature is REQUIRED for giving our students a roadmap in the planning process. Ambassador Lyon has been instrumental supporting this exercise in the past. His institutional understanding of the specific intent and conduct of the exercise and experience working in an academic environment provide necessary continuity and the ability to apply lessons learned to enable the college to build on previous iterations.

As a partner HQE, he will personally be guiding the students in integrating and harmonizing efforts with the respective American Embassy. He understands the dynamic planning process required to work in concert with colleague HQEs and the CSC faculty. This mentorship teamwork is critical. The realism and credibility to the scenario and exercise planning is something that only a senior leader expert of his caliber can provide. The Nine Innings Exercise is the Capstone event of the Command and Staff College academic year. Its conduct is highly structured and requires contracted support with a very specific skill set and experience portfolio. Previous years’ contracting efforts have yielded highly successful results with the individual businesses identified below. A thorough review of the requirement and market research reveals that these businesses remain the most – and only – qualified for the job. Review of performance in prior years’ iterations, combined with reviewing online search engine services makes this individual the only viable option. Service required: minimum of 13 days.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. __X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. __X_ OTHER REASONS. Ambassador Lyon is uniquely qualified to advise and educate our students in planning based on his first-hand experience and expert knowledge of diplomatic, economic and interagency policy development. Moreover, his expertise in global and national security and its effective application within an interagency and inter-organizational environment supports assisting our students with creating a “whole-of-government” approach to campaign planning for CDRUSPACOM. Ambassador Lyon is detailed to lead our students and advise them on all aspects of diplomatic and national security matters when planning for security cooperation activities and contingency operations and working with civilian partners in theater. Having a diplomatic leader in the caliber of Ambassador Lyon during Exercise NINE INNINGS provides for CSC students the necessary mentorship and education-focused effort needed in a capstone planning exercise.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.