DJA-24-AFSP-PR-0256 - JOFOC - SAP for Certain Commercial Items - Redacted.pdf

Version 20220201

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC) 1 – SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

JOFOC NUMBER2:

PROCUREMENT REQUEST (PR) NUMBER: DJA-24-AFSP-PR-0256

CO: Brian Palmer /

COR/GTR3:

DATE: 03/19/2024

This document serves as both the justification and approval for acquisitions conducted under the authorities for procurements using procedures for certain commercial items in accordance with Federal Acquisition Regulation (FAR) Part 13.5. FAR Part 13.5 authorizes the use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $7.5 million ($15M for declared contingency operations), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial products or commercial services.

1. Identification of the agency and contracting activity.

Requiring Agency:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Disposal Branch (NDB) 244 Needy Road, Building A Martinsburg, WV 25405 Technical POC: Kathleen McQueen

Contracting/Ordering Activity:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management – Acquisitions Management Division (AMD) 99 New York Avenue, NE Washington, DC 20226 Contracting Officer Name: Brian Palmer

1 This is also known as a Justification & Approval. It is the document required by the FAR that justifies and obtains approval for a sole-source contract.

2 This is entered at or after small business review, including the header.

3 COR – Contracting Officer’s Representative – services /GTR – Government Technical Representative – supplies/goods.

ATF-24-0023

2. The nature and/or description of the action being approved, i.e., brand name under procedures for certain commercial items in accordance with FAR 13.106(b)(1)(ii) 13.501 and 11.501.

The ATF intends to award a sole source firm-fixed price Contract FedEx for the procurement of SenseAware Subscription Services and Trackers.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

This action is to acquire FedEx’s SenseAware Subscription Services with included Trackers. The services will include 190 trackers in total. The services are a monthly fee per tracker. SenseAware is an additional tracking service providing real-time information about the package, from location and temperature to pressure and shock. It provides proactive alerts if something happens. The NDB requires this additional tracking service to verify weapons/contraband being shipped for disposal properly arrives at its destination and in the conditions warranted to maintain safety.

The period of performance is for a one (1) year base period and four (4) one-year options. The estimated period of performance and cost is as follows:

Year Period of Performance Estimated Cost Base 05/01/2024 – 04/30/2025 $91,200.00 Option Year 1 05/01/2025 – 04/30/2026 $95,304.00 Option Year 2 05/01/2026 – 04/30/2027 $99,592.68 Option Year 3 05/01/2027 – 04/30/2028 $104,074.35 Option Year 4 05/01/2028 – 04/30/2029 $108,757.70

Total Estimated Cost $498,928.73

4. Identify statutory authority permitting limiting sources FAR 13.106(b)(1)(ii) and 13.501.

This acquisition is conducted under the authority of 41 U.S. Code § 3304 – Use of Non-Competitive Procedures and the exceptions listed under FAR 6.302 – Circumstances 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.

FAR 6.302-2 Unusual and compelling urgency.

FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.

FAR 6.302-4 International agreement.

FAR 6.302-5 Authorized or required by statute.

FAR 6.302-6 – National Security

FAR 6.302-7 Public Interest

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

The ATF is currently using FedEx as its delivery service provider as required by Department of Justice orders placed against the DoD’s NGDS Contract HTC711-23-D-C023. This requirement is an additional service required from FedEx specifically for the National Disposal Branch.

Another company’s services would not be compatible with FedEx. Using a different contractor’s service would require the use of a different delivery service contract to be established, which would void the DOJ required order to use FedEx.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under 5.202 applies.

A combined synopsis/solicitation will be issued on SAM.GOV. This will be issued as a sole source solicitation but will allow for other companies to express interest in future possibilities.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The contracting officer has determined that the anticipated price of $498,928.73 will be fair and reasonable. The price of services will be compared to historical acquisitions.

8. A description of the market research conducted and the results or the reason market research was not conducted.

Market research shows all major delivery service companies offer similar services. This requirement is specifically for FedEx delivery services.

9. Any other facts supporting the use of sole source.

N/A

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

N/A

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

ATF will continue to monitor the market to determine if a competitor can meet the necessary program office requirements. ATF will continue to perform market research in efforts to limit barriers to competition in future acquisitions of these instruments.

The Requesting Office will continue to research the marketplace and communicate with other law enforcement agencies to determine if similar products and /or services can meet its needs as a remedy to a restricted competitive environment due to the technical nature of its future requirements.

12. Certifications.

Co-Prepared by:

As the Contracting Officer’s Representative (COR) or Government’s Technical Representative (GTR), I certify the above information is accurate to the best of my knowledge and contains complete data/information necessary to support the recommendation and the basis for this justification.

Kathleen McQueen, Program Office Acting Chief, National Disposal Branch

As the Contracting Officer and based on the information presented by the program office, the information is complete and accurate to the best of my knowledge, and it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

Brian Palmer, Contracting Officer Office of Management - Acquisitions

Reviewed by:

John Klar, Small Business Advisor Office of Management/Property, Acquisitions & Safety Division

Cheryl L. Hickman, Chief - Acquisitions Operations Branch Office of Management/ Property, Acquisitions & Safety Division

Approved by:

Brian Palmer, Contracting Officer1 Office of Management/Property, Acquisitions & Safety Division

1 CO is the final approval for all actions $750K and below.