A15 - FAR PART 13 Sole Source Documentation over SAT (003).pdf

SOLE SOURCE FOR CONDUCTING ACQUISITIONS USING SIMPLIFIED ACQUISITION PROCEDURES AUTHORIZED BY

FAR 13.501 WITHOUT PROMOTING COMPETITION TO THE MAXIMUM EXTENT PRACTICABLE

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Identification Number (purchase request/solicitation number): D-24-ST-0114

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: JSI Maintenance & Support

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

This request is for the Annual Fleet Service, Support and Maintenance cost for DEA’s domestic JSI licenses. JSI Telecom is a provider of telecommunications intercept system.

This contract will ensure that JSI will continually maintain and update their product software in order to keep pace with changes in Title III surveillance such as Communications Assistance for Law Enforcement Act of 1994 (CALEA) standards, court mandates, changes and/or advances in technology and telecommunications standards, common federal law enforcement practices, and the associated impacts on operational practices of the DEA.

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

Service and Maintenance on the following: Domain Controller, Database, Post Processing, Recorder, IP Recorder, Universal Input, Analytical Explorer, Session Manager, Remote Desktop Services, RDP Licenses, Playback Software, Remote Host, Remote Backup Hosts, Additional Services, Help Desk Telephone Support, Engineering Services, Preventive maintenance, Emergency Corrective Maintenance and Program Management Services.

Maintenance and Support is necessary to continue Title III intercept operations for 21 Divisions for the next 12 months. All TIII cases will continue to support special agents, diversion, Task Force-Officers (TFOs) and Intel analyst.

Period of performance or Total estimated value: $4,454,860 final delivery date: May 1, 2024 – April 30, 2025

4. An identification of the statutory authority permitting other than competition to the maximum extent practicable.

The simplified acquisition threshold is defined in FAR 2.101. Per FAR 6.001, acquisitions of certain commercial items exceeding the simplified acquisition threshold and conducted using simplified acquisition procedures as authorized by FAR 13.501 are exempt from the https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-6#FAR_6_001 https://www.acquisition.gov/far/part-13#FAR_13_501

November 2022 2 requirement to promote full and open competition. Such acquisitions must promote competition to the maximum extent practicable as required by 41 U.S.C. 1901 and FAR

13.104. Because this acquisition will be conducted without promoting competition to the maximum extent practicable, this justification is prepared for review and approval in accordance with FAR 13.106-1(b)(2) and 13.501(a).

Select the Authority that applies:

41 U.S.C. 1901, FAR 13.501(a) exceeding the simplified acquisition threshold; or 41 U.S.C. 1903, FAR 13.501(a) emergency procurement (up to $750K within the United

States and up to $1.5Million outside the United States)

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

JSI Telecom is a software developer and systems integrator that built and supplied the existing T2S2 system amongst 21 DEA divisions and a system at Lorton and Utah Nation Guard. JSI is the only provider that can enhance the current systems and ensure compatibility and proper integration with existing proprietary JSI software. Configuration and integration will be provided by JSI certified and trained staff personnel. JSI systems have proven to maintain scalability, stability and mulititenancy. Allowing DEA to take advantage of the technological advancements and share resources.

JSI is currently the only vendor capable to provide these services to T2S2 products due to Proprietary software owned by JSI. Due to the contractual nature of the original purchase, JSI Telecom is the only vendor that can enhance the current system and perform maintenance on all DEA systems.

The DEA has invested considerable resources identifying qualified vendors to supply T2S2 systems. Not awarding this requirement to the sole qualified and certified vendor to maintain this proprietary system would nessessitate the Government to undergo a substantial and time-consuming process of identifying another vendor. This would result in waste of Government resources and would require additional funding.

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.

A special notice will be publiced In accordance with FAR 5.207(c)(16)(ii),. Findings will be located in the contract file.

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_104 https://www.acquisition.gov/far/part-13#FAR_13_106_1 https://www.acquisition.gov/far/part-13#FAR_13_501 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_501 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1903&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_501 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

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Pricing will be determined fair and reasonable in accordance with FAR 13.106-3(2).

8. A description (summary) 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 to see if similar software exist and as a result nothing in the market compares to JSI’s software with compatibility and proper integration with existing proprietary JSI software will meet the Governments need

9. Any other facts supporting the use of other than competition to the maximum extent practicable, 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.

JSI maintains sole proprietary ownership.

ii. When the acquisition is result in a follow-on contract for the continued development or production of a major system or highly specialized equipment, an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

N/A

iii. When the justification is based on an urgent and compelling requirement, cite data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

iv. When the justification is for brand name, explain why the particular brand is the only brand that can satisfy the Government’s need. Include in the explanation why other brands do not meet the Government’s requirement.

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

As mentioned in section 6 above, a special notice will be published to afford any vendor the opportunity to submit a capability statement.

https://www.acquisition.gov/far/part-10

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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.

The only current solution to overcome barriers to competition is if JSI sells its proprietary rights to other entities. However, the Government does not anticipate JSI selling these sought-after lisences in the near future, thus limiting the potential for competion amongst themselves.

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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

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-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502

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Contracting Officer

Signature

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

CC Legal Counsel

(if over $750,000) Signature

REVIEWS AND APPROVALS

Competition Advocate

Chief, FAC

Bureau Procurement Chief (if over $750,000

____________________________________ Date _______________ per JAR 2806.304) Signature http://www.ecfr.gov/cgi-bin/text-idx?SID=3fda8408419c81be5c700dc54ca7e51f&node=se48.6.2806_1304&rgn=div8

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Head of the Contracting

Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M)

Signature