A15_-_JOFOC_PenLink.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Revised 2/26/2019 1

Identification Number (purchase request/solicitation number): D-19-SI

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: PenLink Renewal

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

SI requests the renewal (follow-on to preivous procurement) of a sole-source purchase order to PenLink for global site licenses and training licenses. The action for this request is to renew the current agreement that was previously awarded to PenLink (DJD-16-HQ-P-0736)

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

(inclusive of all options)

The contract includes 1 DEA Firebird global site licensus for Pen-Link 8.0 (or current version) Professional, Xnet 1.0 (or current version), search warrant (with IP Pen functionality), GIS mapping, Cell Phone forensics,and Pen-Proxy.

There is also a DEA Training License allowing DEA to us a single Pen-Link training format. Addtionally, there is 8 am to 5 pm CST Monday to Friday unlimited telephone support.

Period of performance or Total estimated value: $1,859,880.32 final delivery date: 5/1/19 - Base +2 optional years

4. An identification of the statutory authority permitting other than full and open competition.

Check the appropriate box. Only one box may be checked.

41 U.S.C. 3304(a)(1) and FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”

41 U.S.C. 3304(a)(2) and FAR 6.302-2

“Unusual and compelling urgency”

41 U.S.C. 3304(a)(3) and FAR 6.302-3 “Industrial mobilization; engineering, developmental, or research capability; or expert services”

41 U.S.C. 3304(a)(4) and FAR 6.302-4

“International agreement”

41 U.S.C. 3304(a)(5) and FAR 6.302-5 “Authorized or required by statute”

41 U.S.C. 3304(a)(6) and FAR 6.302-6

“National security”

41 U.S.C. 3304(a)(7) and FAR 6.302-7 “Public interest” http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#i1119466 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#i1119539 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#i1119572 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#id1617MD00MK4 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#i6_302-5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#id1617MD00MSs http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim https://www.acquisition.gov/content/part-6-competition-requirements#i1119714

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

Penlink software is the tool of choice that supports DEA investigations. It is integrated with all of systems that support wire rooms as well. DEA has architectures and infrastructures built using the Penlink software. Penlink has highly optimized their software suite to support the DEA mission. It is integrated with many other investigative tools as well. Changing to another product line is would necessitate changes throughout our investigative process. The duplication of costs to integrate a new brand of software into the DEA processes is not anticipated to be recovered by increased competition or by introducing a different brand of software.

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.

The proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action

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

The Contracting Officer, prior to award, shall determine the anticipated cost is fair and reasonable and will document the rational in the file.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

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

Penlink software is an embedded piece of DEA's investigative process. PLX has been optimized to support the DEA mission requirements. DEA built an infrastructure to support the DEA investigative mission and PLX is the software used to glean intelligence from the millions of toll and subscriber records received.

Changing to another product at this time would be disruptive and cost prohibitive.

ii. When 41 U.S.C. 3304(a)(1) is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

iii. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120661 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120688 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120855 https://www.acquisition.gov/content/part-10-market-research https://www.acquisition.gov/content/part-6-competition-requirements#i1119466 https://www.acquisition.gov/content/part-6-competition-requirements#i1119539

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

No other sources expressed interest in the acquisition.

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.

Will be determined by the contracting officer.

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Revised 2/26/2019 4

CERTIFICATIONS

“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".”

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 ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

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

CC Legal Counsel ____________________________________ Date _______________ (if over $700,000) Signature

REVIEWS AND APPROVALS

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $700,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $13.5M) Signature

Senior Procurement Executive (if over $68M) ____________________________________ Date _______________ Signature

5/17/18

5/17/2019 http://www.ecfr.gov/cgi-bin/text-idx?SID=3fda8408419c81be5c700dc54ca7e51f&node=se48.6.2806_1304&rgn=div8