A15 - Sole Source Doc over SAT FAR PART 13 BAE REDACTED.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): e19 – D-25-ST-0226

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: DEA Colombia CO Judicial Wire Intercept Program (JWIP) Mediation

Maintenance and Support Services

2. Nature and/or description of the action being approved.

• New Contract

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

Maintenance and Support services for a previously procured and installed BAE Mediation platform servicing the DEA Colombia CO JWIP

Period of performance or

Total estimated value: $511,000.00 final delivery date: 06/01/2025 – 05/31/2026

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 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.

The BAE Databridge Mediation System was installed at the DEA Colombia JWIP in July, 2021. It is a customized hardware solution designed specifically for this installation and only BAE is capable of continuing to support the system.

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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-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%3AUSC-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%3AUSC-prelim-title41-section1903&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_501

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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.

BAE is the only vendor able to modify their solution. BAE will not allow another vendors to support its customized solution and guarantee functionality.

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

The Contracting Officer anticipates negotiation of a fair and reasonable price achieved through an analysis of the quote received as compared to available pricing information on file and historical pricing.

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 initially done for the BOA (15DDHQ19G00000008 ) that the Mediation system was procured under in 2018. BAE was one of six vendors selected for the BOA and continues to be an industry leader for mediation solutions.

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.

Not applicable due to customized product.

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.

The originally procured system cost the Government over $3.5 million dollars. To get a new fully licensed system would cost at least that amount.

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.

N/A

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.

N/A

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

None https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 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 government will continue to conduct market research to determine if there are other viable sources capable of performing this work to include authorized resellers. At this time, the only action the Government may take is to remove this requirement and to recompete for a brand-new system and procure it from a different vendor, which is not fiscally possible at this time.

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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.

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-E/section-2635.502 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 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-E/section-2635.502