J A_for_Start-Stop_Foot_Pedals_for_LSS_(post).doc

Procurement Sensitive

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1.

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

U.S. Department of Justice (DOJ)

Federal Bureau of Investigation (FBI)

Directorate of Intelligence (DI) Language Services Section (LSS)

935 Pennsylvania Avenue, N.W.

Washington, D.C. 20535

2.

DESCRIPTION OF REQUIREMENT:

This proposed action is for a firm fixed price (FFP) contract for additional Start-Stop PowerPlay Video/DVD Transcriber System licenses and foot pedals associated with the Start-Stop Universal Transcription system used for processing audio and video collections for the DI/LSS. The products will be procured from HTH Engineering, Inc. (HTH), the original equipment manufacturer (OEM) for all Start-Stop branded products. While the Start-Stop PowerPlay Video/DVD Transcriber System is available from a few other resellers, HTH is the only provider of maintenance, upgrades, and technical support at no additional cost as long as the FBI owns and continues to use the products.

This version of Start-Stop PowerPlay software is usually provided to HTH customers (and the few U.S. resellers) as “locked" software, with an individual unique registration code to control licensing and purchases. The registration code must be entered during software installation.

The period of performance for this contract shall be one 12-month base from the date of award. The estimated cost is $25,452.00.

3.

DESCRIPTION OF SUPPLIES AND SERVICES REQUIRED:

The DI/LSS is responsible for the proper monitoring and management of the FBI foreign language collections content. The DI/LSS delivers core services in the timely, accurate and complete rendering of foreign language material collected in criminal, counter-intelligence and counter-terrorism matters to properly identify and protect the United States from a variety of threats. The ability to provide near real-time actionable intelligence data from non-English-speaking elements potentially hostile to the United States enhances the FBI’s capability to fully meet its core mission to penetrate hard targets and optimize existing and projected collection and exploitation efforts.

The DI/LSS core services such as monitoring audio intercepts; video and web-based media require the ability to effectively triage and assess a huge amount of foreign language collections across multiple platforms. Essential to that triaging and assessment is the ability to easily transcribe digital video and audio, accessing video DVDs (commercial and burned), audio compact discs and a large variety of digital audio and video file formats under foot pedal control.

In support of the mission, the DI/LSS seeks a state of the art transcriber system for personal computers (PCs) to ensure that foreign language collections critical to the FBI are provided in a reliable and timely manner. The DI/LSS plans to provide this capability through the use of a Commercial-off-the-Shelf product and license that is recognized as the best-of-breed. The product is currently the only acceptable transcription system in use at the United Nations. The Start-Stop Power Play software is wholly designed, developed, and manufactured in the United States of America (USA).

Currently, the Start-Stop PowerPlay Video/DVD Transcriber System is the only truly universal transcription system, replacing scores of proprietary foot pedal designs previously in use across the FBI in one single package.

The product plays the largest number of file types, both standard and non-standard, appropriate to transcribing law enforcement video interviews on DVD, streaming MP3, WMA and voice from the web; legal proceedings; video time-coding and other oral and video products. The product allows Language Analysts to control the speed and playback of virtually any digital recording – pause, play, step-back, fast forward without removing their attention or hands away from the keyboard, thereby optimizing production output of the raw intelligence collection. The products unique time-stamping feature of elapsed time, real time or offset time can be directly entered into the screen which exactly tags the time of an event or conversation. The pitch/speed control for most audio and video formats allows the Language Analyst to slow or speed the speech to ensure accurate transcription – imperative when dealing with any of the 88 foreign languages and dialects supported by the DI/LSS. In addition, DI/LSS has provided licenses to other FBI operational components.

The following features will be assessable to all FBI components under the license agreement:

300 Start-Stop PowerPlay Video/DVD Transcriber System Model 31750 site licenses

300 3-pedal Start-Stop foot pedals to transition to USB-based connectors into FBI PCs.

As new formats emerge in the industry, the upgrades will ensure the Start-Stop PowerPlay Video/DVD Transcriber System does not become obsolete

4.

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) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1(c) entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements-Brand Name”.

5.

DEMONSTRATION THAT PROPOSED NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED:

Based on market research, as described in paragraph 8 of this document, it was determined that only the Start-Stop PowerPlay Video/DVD Transcriber System will provide all the required functionality to meet the FBI’s requirements and no other product can do so.

6.

DESCRIPTION OF EFFORTS MADE TO ENSURE THAT AS MANY

POTENTIAL SOURCES AS PRACTICABLE ARE SOLICITED:

This justification will be posted on a public website, fedbizopps.gov.

7.

PRICE ANALYSIS:

The Contracting Officer will determine that the anticipated price is fair and reasonable by reviewing the market for similar products.

8.

MARKET RESEARCH:

While Start-Stop PowerPlay Video/DVD Transcriber System software is available from a few resellers, unlimited usage of the software as required by the DOJ and FBI is available only from pre-appointed Start-Stop PowerPlay Video/DVD Transcriber System manufacturer, HTH. Within the U.S., HTH sells only a limited amount of software to Sylvan Software and Salt Software, both resellers. However, the OEM is the only provider of the software maintenance and upgrades.

The Start-Stop PowerPlay Video/DVD Transcriber System is also on the FBI Standard Products List.

9.

OTHER FACTORS:

None

10.

LISTING OF SOURCES THAT EXPRESSED A WRITTEN INTEREST IN

THE ACQUISITION:

To be determined.

11.

ACTIONS TAKEN TO REMOVE/OVERCOME BARRIERS TO

COMPETITION:

No actions are currently available to remove or overcome any barriers that preclude the Agency from meeting the requirements, because of the nature of the items being procured. However, before any subsequent acquisitions for these products are pursued, detailed market research will be performed to determine if any new sources are available for these products.

The signatures are on file in the contract office.

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