2714.docx

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH (STATE AUTHORITY E.G., 10 U.S.C. 2304 (c)(1)

Requisition Number: DJF-21-1800-PR-0002714

Date: March 17, 2021

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 WAVE Fusion Kits to provide IP only communication channels on behalf of the Wireless Engineering and Operation Unit, Operational Technology Division.

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

This will be a one-time purchase as a sole source act ion for firm fixed price contract. Procom Corporation was the awarded vendor in FY2016 under the DHS TacCom contract and developed the WAVE Fusion Kits specifically for the FBI. Procom is the sole manufacturer and distributor of proprietary Fusion-Wave Unified PTT solution.

There is no known existing contract vehicle for this procurement. No traditional uniform standard exists for this technology.

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

The requirement is to provide (6) Black, wheeled carry-on cases, (6) Custom foam inserts for Fusion XO, (9) Vocality RolP Gateway (non-L TE) with four activated ports and four cables, and (2) Vocality RoIP Gateway and Connect (non-LTE) with eight activated ports and eight cables. For the WAVE software, the requirement is to provide (I) expansion to the existing Fusion -Wave System, (75) Software, Communication Channel, IP Only, No Radio System Integrations, W5-WC-B, (20) Software, WAVE Communication Channel, IP with Radio System Integrations, and ( I 0) Software , Dis patch , Desktop Communicators. For the WAVE software support, the requirement is to provide (75) 2 year ARUS (Annual Refresh and Upgrade Service), and 3 year WAVE , IP Only, Communication Channel, (20) 2 year ARUS, IP Channel with Radio System Integration, and (10) 2 year ARUS WAVE Desktop Communicator. The total procurement is estimated to cost $268,411.65. This will allow

Requisition Number: DJ F-2 l- 180 0-PR-00027 14 Version 1.0 Page I of 8 employees to communicate from their issued smart phone to other smart phones or to another employee on the FBI' s Land Mobile Radio (LMR) system via Push-to-Talk (PTT) audio.

The WAVE System provides FBI on scene commanders and executive management the ability to quickly communicate via audio in a "one to many" fashion. It is ineffective to make an individual telephone call to each of 50 personnel on a field operation to relay info rmation.

This system will also provide inconspicuous communications when the use of LMR is not needed or when coverage is limited.

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)(l )(or 10 USC 2304(c) (1)) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- l entitled, "Only One Responsible Source and No Other Supplies or Se rvices Will Satisfy Agency Require ments."

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

This acquisition is a follow on to a previous acquisition of certain components of the WAVE system. This acquisition is simply adding additional Channels, Desktop Communicator Licenses, Software Maintenance and FUSION Interoperability Kits. There are no other systems in the marketplace that will interoperate with the system acquired on the previous acquisition. The components of the existing system are proprietary and custom. No other vendor could provide a system that would work with the existing system.

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 on the original procurement highlighted the fact that each system of this type is proprietary and no uniform standard exists for the technology at this time. Therefore, no other vendor could provide a system to expand the existing system.

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 quote received for this procurement will be compared to the independent government estimate and historical pricing for this requirement.

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

Research was conducted as part of the previous acquisition for components of the identical system. Eight vendors were contacted to determine if the y had a product that could meet the

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Requisition Number: DJF-21-1800-PR-0002714 government requirements. These vendors were Harris, Motorola Twisted Pair, Etherstack, IPA, SLA Corp., Sytec Corp., Mutualink and Cisco. Of the eight, only three vendor s products met all the FBI requirements. They were Harris, Motorola Twisted Pair and Etherstack. These three companies are Large Business concerns. However, there are small businesses that quotes were received from for the Motorola system. Procom Corporation is a reseller of the Motorola Twisted Pair Wave system and is a minority owned small business. Procom was the awarded vendor to meet the FBI's requirements. They are the sole manufacturer and distributor of the Fusion-Wave Unified PTT solution we requested. To maintain full compatibility, all orders for network expansions and customizations have been awarded to Procom. Introducing another vendor could impact current warranty coverage and may lea d to support conflicts, incompatible equipment add-ons, and other difficulties that could interfere with the Bureau’s mission.

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

Due to the highly technical and proprietary nature of the system, no other vendor can provide software or hardware that will interoperate with our existing system. We see no way to modify the requirement to enhance competition in this case. If the FBI were to duplicate the previous acquisition and acquire a new system, we would lose approximately $1 million in funds that were already invested in the previous system.

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

Future acquisitions will most certainly have to be from the same vendor unless the entire system will be replaced. This is due to the above stated fact that no other system will interoperate with the existing system. In addition, the equipment is proprietary and Procom is the sole manufacturer and distributor.

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

The Government will continue to research the market to determine if there are other systems compatible with the FBI’s requirements.

Requi s itio n Number: DJF-21- 1800- PR-0002714

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