A15 - Sole Source Documentation over MPT under SAT FAR PART 13 (SSJ).pdf

November 2022

SOLE SOURCE DOCUMENTATION

FAR PART 13

Purchase Orders Over $10,000 but not Exceeding $250,000

Acquisitions that do not allow for competition to the maximum extent practicable must be documented in accordance with Federal Acquisition Regulations (FAR). A Limited Sources Justification is required when soliciting fewer than three sources per FAR 13.104, or when using brand name descriptions per FAR 13.106-1(b)(1). A Limited Sources Justification is not required for brand name or equal procurements. Follow procedures at FAR PART 11.104.

Type of action: sole source acquisition brand-name

DAC Number: Estimated total Amount: Recurring Requirement: YES NO

Delivery Date: Period of Performance: 07/01/2026 – 06/30/2027

Brief description of supplies or services required and the intended use:

Translation Services for required legal documents Provisional Arrest Warrants (PAW), Mutual Legal Assistance Treaties (MLAT), other necessary extradition documents that need translations into Spanish language or other European languages (such as French, but not limited to). Services will be rendered outside of court proceedings.

Summary of the facts and circumstances that support the determination that only one source is reasonably available to supply the required supplies or services, or only the specified brand-name items can satisfy the Government’s need:

[REDACTED] has worked with Teneo Linguistics Company, LLC (TLC) in acquiring the translation of extradition documentation in support of federal prosecutions for the past six (6) years and during this timeframe TLC has processed approximately 250 orders across at least a dozen languages. In that time, the [REDACTED] has not filed a single complaint regarding quality, accuracy, formatting, or timeliness, which demonstrates an accumulated capability and process that protects the integrity of federal prosecutions. That is a direct result of institutional knowledge and specialized capability that cannot be replicated by a general-purpose language services vendor without significant risk to active federal cases. The extradition documentation includes treaty requests, judicial certifications, criminal records, evidentiary packages and a single error in translation, a misrendered seal, a misaligned signature block, or the use of incorrect legal terminology for the target country's judicial system can result in rejection of the extradition request by a foreign government, delays in proceedings, or, in the most serious cases, the failure of a federal prosecution.

TLC has demonstrated their ability to use precise legal terminology of the target country's judicial system and have built, and continuously maintained country-specific term bases covered under this work, reflecting the actual terminology accepted by the relevant foreign judicial authorities. This terminology has been validated through successful extraditions and this developed and maintained platform cannot be reconstructed quickly by a new vendor.

TLC’s utilized platform has maintained extensive translation memories, or databases, of previously approved translations of recurring language, clauses, and document structures, specific to [REDACTED] extradition work. These memories accelerate turnaround, ensure consistency across documents in the same case or across related cases, and reduce the risk of inconsistent terminology appearing in documents that may be reviewed side-by-side by a foreign court. A new vendor would not have this institutional knowledge/capability.

Extradition packages must mirror the originals with precision; seals, signature blocks, notarial certifications, headers, and document structure must be reproduced exactly as they appear in the source document, in the target language. TLC has developed document templates and formatting protocols specifically for [REDACTED] extradition packages, calibrated to the requirements of the receiving jurisdictions and the USAO/Eastern District of Texas (EDTX) that use the final work product. The translated documents produced by TLC are ultimately used by the USAO in the Eastern District of Texas in federal prosecutions. TLC is independently an established vendor to multiple USAOs (not just the EDTX), giving TLC a direct understanding of the standards those offices require when they receive extradition work products. This dual relationship, serving both the [REDACTED] as the originating agency and the USAOs as the end users, creates a continuity of quality and accountability that a new vendor cannot replicate.

TLC is unique in that they not only provide translation services but also provide subject matter experts for testimony and language interpretation on-site, over-the-phone and video-remote interpreting to include briefings, and interagency engagements.

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-11#FAR_11_104

November 2022

Describe in detail any market research conducted. Include results and state whether any vendors expressed interest:

Searched on GSA eLibrary, possible other vendors identified (Green Translation, LLC, Prescient Technologies, Phoenix Translation)– either more expensive per word, the usual desktop publishing fee is more expensive, or not local to location (not a requirement, however current company Teneo is based in TX and familiar with the Eastern District of Texas (EDTX) documents where a majority of these documents that need to be translated into other languages are originating from.

The Contracting Officer hereby determines that, due to the circumstances of this procurement:

Only one source is deemed to be reasonably available.

Only the specified brand-name item will satisfy the Government’s need. For orders exceeding $25,000, this Limited Source Justification shall be made available together with the solicitation and posted on the Contract Opportunities page on the Governmentwide Point of Entry (SAM.gov) in accordance with FAR 5.101(a)(1).

The Contracting Officer certifies that an order for the supplies or services will not be placed unless the price is found to be fair and reasonable.

Signature and title of customer

Office Code

Telephone Number

Date

Signature and title of contract specialist

Signature of contracting officer https://www.acquisition.gov/far/part-5#FAR_5_101