StartStop_-_Justification_for_Other_than_Full_and_Open_Competition_FAR_Part_6.pdf

Requisition Number: DJF-18-4750-PR-0004803 Version 1.0 Page 1 of 2

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 10 U.S.C.

2304 (C)(1)

Requisition Number: DJF-18-4750-PR-0004803

Date: 9/10/2018

Estimated Contract Dollar Value: $310,000.00

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Information Technology

Acquisition Unit, has prepared this justification for other than full and open competition for

StartStop license renewals, Upgrades, associated annual maintenance, training and services on behalf of the Office of the Chief Information Officer.

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

The FBI anticipates award of a firm fixed price contract for a base year to HTH Engineering, Inc. or an authorized reseller of HTH products. This requirement will be solicited on

FedBizOpps (FBO).

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

Start-Stop OmniVersal is an approved dictation and transcription software that is currently installed on FBI-owned computers. Start-Stop OmniVersal is used in the Field and by HQ FBI agents and forensic analysts for transcribing audio, video, and DVD media for a variety of investigative incidents.

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.253(c)(1)(or

10 USC 2304(c) (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.”

Requisition Number: DJF-18-4750-PR-0004803 Version 1.0 Page 2 of 2

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

Start-Stop is a proprietary software developed by HTH Engineering. HTH Engineering is the sole developer, manufacturer, and retailer for all StartStop branded products. Therefore, only the OEM or its authorized resellers can provide these proprietary products and services.

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.

In accordance with the FAR 5.201, notice is being posted in the Federal Business Opportunity.

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 CO will perform a price analysis to reach the determination of the pricing proposed is fair and reasonable. Competition among authorized resellers, previous acquisition history, market research, and corporate commercial price listings may all be used to determine fair and reasonable pricing when the data is available to the contracting officer.

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

Market research has determined that no other sources are available to provide maintenance on proprietary products in use

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

None.

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

In accordance with the FAR 5.201, notice is being posted in the Federal Business

Opportunity.

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

The FBI will continue to consider current products and always ensure competition to the greatest extent practical.

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