05-06-24 A15_Justification for Other Than Full and Open Competition FAR Part 6.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

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Identification Number (purchase request/solicitation number): D-24-TC-0133

1. Identification of the agency and contracting activity.

A. Agency: Drug Enforcement Administration (DEA)

B. Contracting activity: Office of Acquisition and Relocation Management (FA)

C. Requiring activity: Drug Enforcement Administration (DEA)

2. Nature and/or description of the action being approved. (e.g., new contract award or modification expanding the scope of an existing contract)

Follow on award to previous procurement.

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

(inclusive of all options)

The Penlink Platforms and Services provide the SOD with a Platform as Service via AWS Foreign to provide the foreign counterparts the ability to ingest and analyze IMIE Foreign collection as per the agreement with host country. SOD PLX Software as a Service provides data ingestion and analytical services. MS/Penlink provides DEA with a AI translation service. Dedicated engineering and technician are used for enhancements and problem resolution on law Enforcement Mediation systems foreign and domestic. The Firebird PLX provides the Field with a platform to view and analylize judicial data collection from providers. This requirement also provides user training and access to online training materials from Penlink.

• 12.00 months to support current Judicial Processing Platforms at Special Operations Division and DEA Firebird PLX Maintenance and Support

• 12.00 months to support SOD Platforms that require Foreign Maintenance and Support

• 1,500.00 HRS Dedicated Senior IT Software Development Specialist

• 15.00 Hours allotted Travel to attend government meetings and coordination

• 1840 Hours Dedicated System Administrator for DEA Firebird PLX Platform

• 12.00 months Foreign AWS Environment

• LIMS Maintenance and Support (Foreign and Domestic)

• AI Translation Services or Pre-Cog Services

• AI additional services to support content

• 12.00 months Data Autoload Automation to process structured and un structured data for current

Judicial Processing Platform for DEA Special Operations Division and DEA Firebird PLX

• Pen-Link PLX train the trainer recertification 5 trainers

• Pen-Link Online Training Academy Access 200 user

• 100 hours Pen-Link Auto Load development

• 12 month Data Enrichment Services

Period of performance or Total estimated value: $29M final delivery date: 07/01/2024 – 06/30/2029

4. An identification of the statutory authority permitting other than full and open competition.

Check the appropriate box. Only one box may be checked.

41 U.S.C. 3304(a)(1) and FAR 6.302-1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_1

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“Only one responsible source and no other supplies or services will satisfy agency requirements”

41 U.S.C. 3304(a)(2) and FAR 6.302-2 “Unusual and compelling urgency”

41 U.S.C. 3304(a)(3) and FAR 6.302-3

“Industrial mobilization; engineering, developmental, or research capability; or expert services”

41 U.S.C. 3304(a)(4) and FAR 6.302-4 “International agreement”

41 U.S.C. 3304(a)(5) and FAR 6.302-5

“Authorized or required by statute”

41 U.S.C. 3304(a)(6) and FAR 6.302-6 “National security”

41 U.S.C. 3304(a)(7) and FAR 6.302-7

“Public interest”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Pen-Link, Ltd. Is the sole source provider of all Pen-Link Software Products and related services in the United States, which includes, but is not limited to: PLX, GeoTime, and Tangles product lines. We utilize no agents, dealers or distributors. Pen-Link software can only be purchased directly from Pen-Link, Ltd., which is located in Lincoln, Nebraska

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.

Market Research was conducted by reviewing information related to the previous procurement. The previous Purchase Order number is 15DDHQ22P00000562. A notice to vendors will be posted on beta.sam.gov to inform them that Penlink, Ltd is the sole source provider of all Pen-Link Software Products and related services.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The CO will ensure the prices proposed are fair and reasonable prior to award.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market Research was conducted by reviewing information related to the previous procurement. The previous Purchase Order number is 15DDHQ22P00000562. Pen-Link, Ltd. Is the sole source provider of all Pen-Link Software Products and related services in the United States, which includes, but is not limited to: PLX, GeoTime, and Tangles product lines. We utilize no agents, dealers or distributors. Pen-Link software can only be purchased directly from Pen-Link, Ltd., which is located in Lincoln, Nebraska http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_2 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_4 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/far/part-6#FAR_6_302_7 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 https://www.acquisition.gov/far/part-10

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9. Any other facts supporting the use of other than full and open competition, such as:

i. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

N/A. See Paragraph 8 above.

ii. When 41 U.S.C. 3304(a)(1) is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

N/A

iii. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

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https://www.acquisition.gov/far/part-6#FAR_6_302_1__d394e63 https://www.acquisition.gov/far/part-6#FAR_6_302_2

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CERTIFICATIONS

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Justification for Other than Full and Open Competition is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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REVIEWS AND APPROVALS

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________ Date _______________ Signature http://www.ecfr.gov/cgi-bin/text-idx?SID=3fda8408419c81be5c700dc54ca7e51f&node=se48.6.2806_1304&rgn=div8