Redacted_J&A_Sole_Source_-_NYFD_Training.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.1 (30 June 2016)

MEMORANDUM TO THE FILE

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

FOR A FAR PART 13 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:

The Chemical Biological Incident Response Force (CBIRF) requires training in order to maintain proficiency with effective Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE) response Tactics Techniques and Procedures (TTP’s) within the city of New York and in collaboration with the Fire Department of NY (FDNY). FDNY will provide valuable lessons learned to CBIRF personnel through inter-agency transfer of TTPs to be utilized in the event of joint response to a CBRNE incident in the New York City area.

As history has represented by the 9/11 attacks, New York City is unique in that it is a high terrorist target area, with critical, national assets such as the New York Stock Exchange and the United Nations. New

York City is the largest financial district in the United States and the Americas and the second worldwide.

The city is also one of the largest populated cities in the United States. Such characteristics differentiate

New York City from any other city in the United States, especially as a targeted area for terrorist attacks.

Search and rescue training efforts were established in 1998 due to the high threat target area of New York

City and is continuously required in order to maintain the continuity of CBIRF/FDNY CBRNE response tactics. CBIRF has continuously provided operational support to NYC in support of Papal visits and UN

General Assembly Meetings. This relationship continues due to the ever changing threat to this nation and the requirement for CBIRF and FDNY to be most ready when the nation is least ready. This mutual relationship can only be maintained by annual training between the 2 entities.

The training requirement will have the following period of performance: August 27, 2018 – August, 29

2018.

This training will consist of two days of lane training in a CBRNE environment and a one day exercise simulation to apply practical application of knowledge learned from the first two days of lane training.

During the exercise simulation, FDNY will train CBIRF to respond to a crisis situation in a CBRNE contaminated environment in New York City.

The total value of this requirement is estimated at $redacted

The required delivery/performance start date is 27 August 2018 through 29 August 2018.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

IS BASED ON THE FOLLOWING (select all that apply):

A. ___ 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. ___ OTHER REASONS.

The statutory authority permitting other than full and open competition is 10 U.S.C. Section

2304 (c)(1), as implemented by the Federal Acquisition Regulation (FAR) 6.302-1, Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Due to the uniqueness of CBIRF’s mission and training requirement of responding to a

CBNRE attack in metro areas, emergency management application training coupled with fire and rescue training is required by CBIRF. FDNY is the only source capable of providing training in fire and rescue and emergency management services to CBIRF. No other source is able to provide or replicate this type of requirement.

The required competencies resulting from training and ride-alongs will promote efficient, collaborative, and cooperative CBRNE response efforts between CBIRF and the FDNY in the event of an attack on the city of New York City or in the event entities from both agencies were called to a mutual response. Furthermore, New York City’s Incident Management infrastructure is unique in composition and application, requiring training and practical application to ensure competency within CBIRF, in the event that CBIRF is called to assist the city of New York in a large scale terrorist attack. By conducting this training directly with

FDNY, CBIRF maintains their ability to respond effectively in the event of a CBRNE incident within the New York City area. As a result, an essential aspect of this training is the opportunity to develop first-hand experience from the first responder level all the way up to the city emergency management office in how New York City would coordinate and execute a response to a major terrorist attack. Since New York is a prime terrorist target with unique terrain and considerations, this training cannot be replicated elsewhere and provide the practical experience working with the actual local government of the area of interest. The value of the training obtained under this effort will allow CBIRF to better assist the City of

New York in an instance of an emergency or attack. It will also improve CBIRF’s knowledge, experience and emergency response skills that can be used to support other cities across the United States or globally. CBIRF could also respond to a Department of Defense mission in a combat environment during which training received at FDNY could be applied.

Previous efforts in attempt to obtain interest and competition yielded zero results. The previous sources sought announcement synopsized on FEDBIZOPPS to conduct market research and determine the availability and technical capability of potential sources (M00264-

16-RFI-0408 on 15 December 2015) yielded zero responses. Historically, this requirement has been awarded to the City of New York under two separate sole source efforts. The requiring activity will engage in regular market research initiatives to identify other city and state government entities as well as private sector sources to acquire civil support and city familiarization training to maintain proficiency with effective CBRNE response TTP’s

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:

4. If appropriate, include any additional pertinent information.

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.

Signature Name (Printed) / Phone # Date

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

__________________._ _Monica Curley / 703-432-1668 __10 Aug 2018_____

Signature Name (Printed) / Phone # Date