A04 JA KO Signed.pdf

WHS-2024- 1345

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY (JEFO) UNDER

FEDERAL ACQUISITION REGULATION SUBPART 16.5

1. AGENCY AND CONTRACTING ACTIVITY: The Department of Defense, Washington Headquarters Services, Acquisition Directorate on behalf of the Department of Defense Office Inspector General (DoD OIG).

2. DESCRIPTION OF ACTION: A firm fixed priced contract is planned with a total estimated value of $95,676.00. FY24 Operation and Maintenance funding has been budgeted for this procurement action.

3. DESCRIPTION OF SUPPLIES/SERVICES: DoD OIG, Defense Criminal Investigative Services (DCIS) has a new requirement to procure twelve (12) Covert Audio and Video Micro Oculus Button Recorder kits for law enforcement sensitive activities. Additionally, the vendor provides multiple training opportunities as part of the cost.

4. EXCEPTION TO THE FAIR OPPORTUNITY:

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Only one manufacture can provide the product requested as they are currently the sole distributor for this item. The product requested is already in service, DCIS is looking to expand inventory to ensure additional capability is available to Agents in the field. The equipment is to be used in a covert manner to provide evidence for ongoing investigations and is designed to be concealed for the safety of the agent. Both vendor based and in-house training on the use of this equipment has already been conducted and to change equipment would cause additional and unnecessary cost to the IG.

5. FAIR AND REASONABLE COST DETERMINATION: FAR 15.404-1(b)(2) The Contracting Officer hereby determines this action represents the best value to the Government in that it is anticipated the price for this order will be fair and reasonable. In addition, a fair and reasonable price determination can be made based on comparison of competitive pricing.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION: N/A

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

7. ACTIONS TO REMOVE OR OVERCOME ANY BARRIERS THAT LEAD TO THE

EXCEPTION TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION

FOR THE SUPPLIES OR SERVICES IS MADE: The Government will continue to monitor the market to identify other products that meet the Government’s needs. In the future, DCIS will consider the cost benefit of changing the servers to another capability that meets the DCIS mission needs.

8. If this acquisition is for new work as a logical follow-on to an order already issued under the contract, was the original order placed under the fair opportunity process?

☐ Yes, all awardees were given a fair opportunity to be considered for the original order.

☐ No, a copy of the previous justification is attached. The actions to remove any barriers to competition cited on the previous justification ☐ were ☐ were not completed.

☒ Not Applicable. This is a new requirement.

CERTIFICATION

I, hereby, certify that the supporting data under my cognizance included in this justification are accurate and complete to the best of my knowledge and belief.

9/12/2024

X Chelsea Hutchinson Chelsea Hutchinson

Signed by: HUTCHINSON.CHELSEA.BALLINGER.1514839367

Chelsea Hutchinson Acquisition Specialist

Sharon A. Hilton Contracting Officer