A17_JA_-_CJIS_-_JDI_Ventures_140D0422P0096_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION AUTHORITY:

FAR 6.302, 41 U.S.C. 3304(a)(5)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition for the Department of the Interior (DOI), Interior Business Center, Acquisition Services Directorate, on behalf of National Indian Gaming Commission (NIGC).

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

The action being approved is a sole source justification for a new purchase order for Criminal Justice Information Services (CJIS). This contract is a firm-fixed-price purchase order to provide virtual online CJIS Security Policy Awareness training for NIGC personnel, NIGC contractors, Information Technology (IT) personnel, participating tribal personnel, and IT personnel currently receiving or accessing Criminal History Record Information (CHRI).

The contract will be issued to:

JDI Ventures, Inc. DBA Peak Performance Solutions 3023 N Shannon Lakes Dr.

N Suite 102 Tallahassee, FL 32309-2368

The total estimated value of this justification, if all option periods are exercised, is $56,590.00.

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

NIGC has a continued need for virtual online CJIS Security Policy Awareness training for NIGC personnel, NIGC contractors, IT personnel, participating tribal personnel, and IT personnel currently receiving or accessing Criminal History Record Information (CHRI). These services were previously performed under the competitively awarded purchase order 140D0420P0044.

Awarding this new contract will allow NIGC to fulfill its mission and other statutory mandates and to meet training needs for personnel.

Per the Scope of Work, “The objective is to maintain compliance with the FBI CJIS Security Policy to ensure NIGC, Tribal Gaming Regulatory Authorities (TGRA’s) and other entities who have authorized access to Criminal History Record Information (CHRI), CJIS systems and network document and implement all security awareness training requirements of CJIS Security Policy.” In order to ensure compliance, the workforce needs to be properly trained and informed. The training is based off of existing laws, regulations, processes and procedures.

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

FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1).

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

JDI Ventures, Inc. is the incumbent contractor who recently performed these services. They are the only vendor with the personnel and expertise established to support the NIGC’s mission for this requirement. Should a contractor other than JDI Ventures, Inc. receive the award, expected acquisition timelines coupled with the time to on-board and transition the ongoing work to a new contractor will significantly raise the risk of unsuccessful performance which will jeopardize NIGC’s mission and statutory mandates.

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 Notice of Intent to issue a new purchase order to JDI Ventures, Inc. will be posted to Contract Opportunities website in accordance with FAR Subpart 5.201(b)(1) and (2).

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

This purchase order is utilizing pricing that was evaluated for fair and reasonableness based upon competition at time of the previous award. The rates were determined to still be fair and reasonable at the exercise of the last option period. A review of current market prices for similar services determined that the pricing structure under this contract is still fair and reasonable, especially given the recent surge in inflation that has occurred over the last year.

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.

Market research for other potential vendors was not conducted specifically for the sole source requirement discussed in this document for reasons discussed in Section 5 of this document. However, a full and open competition for these technical support services was completed in accordance with the original procurement of these services.

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

The contractor, JDI Ventures, Inc. is already performing these services. The original solicitation was issued under the authority of FAR Part 13, Simplified Acquisition Procedures. Four vendors submitted quotes in response to the original solicitation, but three of those quotes were deemed unacceptable or unresponsive to the solicitation. JDI Ventures, Inc. was the only vendor to submit an acceptable quote in response to the technical terms and conditions of the solicitation.

They were also the lowest priced quote received and were determined to be the best value to the government. Issuing this contract is determined to be in the best interest of the government and the customer’s ongoing mission.

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

Future acquisitions of the services to provide virtual online CJIS Security Policy Awareness training for NIGC personnel, NIGC contractors, IT, participating tribal personnel, and IT currently receiving or accessing Criminal History Record Information (CHRI) will be procured competitively on behalf of the NIGC.

11. A statement of any 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.

Any follow-on contract for these services will be awarded using competitive procedures.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Shaun Marnien, Contracting Officer Date

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

Heather Sabarese, COR Date

SHAUN MARNIEN Digitally signed by SHAUN MARNIEN Date: 2022.05.17 09:57:38 -04'00'

05/17/22