BNJ-IBML_-_NFA_Final_(REDACTED).pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives Justification and Approval for Other than Full and Open Competition

(IBML)

Control #: ATF18- DJA-18-ANFA-PR-0825 Page 1 of 5

1. Agency and Contracting Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) / Office of Management / Property, Acquisitions, and Safety Division / Acquisitions Branch / 99 New York Avenue NE, 3.S-125 – Washington, DC 20226 / Amanda Boshears (Amanda.Boshears@atf.gov), 202.648.9018

Requesting Office: Bureau of ATF / Enforcement Program Services (EPS) / National Firearms Act Division (NFA)

2. Nature and/or Description of Action Being Approved:

The purpose of this brand name justification is to provide the basis for procuring IBML equipment for the procurement of one (1) new machine and two (2) replacement machines that have reached their end of life cycle for maintenance and support. ATF currently utilizes IBML machines and related software for all imaging/scanning needs within the National Tracing Center (NTC) and National Firearms Act Division (NFA). IBML is required to ensure compatibility with existing machines and software.

(IBML)

Control #: ATF18- DJA-18-ANFA-PR-0825 Page 2 of 5

3. Description of the Supplies and/or Services required to meet the agency’s needs (including the period of performance, estimated value and options):

ATF requires the below items as part of the procurement of the three new IBML machines.

(IBML)

Control #: ATF18- DJA-18-ANFA-PR-0825 Page 3 of 5

4. Statutory Authority permitting other than full and open competition:

Pursuant to the authority of 41 United States Code, Section 3304 and the Federal Acquisition Regulation (FAR) Subpart 6.302-1(a)(2), ‘the supplies or services are available from only one responsible source, and no other type of supplies or services will satisfy the agency’s requirements for which full and open competition need not be provided’. In addition, pursuant to FAR 6.302-1(c)(1)(ii)(B), the ‘use of a particular brand-name product, peculiar to one manufacturer is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company’. These authorities also serve as the exception to the Fair-Opportunity process.

5. Demonstration that the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of Authority Cited:

ATF already has in use other IBML machines and software for the imaging and scanning of ATF records/documents. ATF needs the IBML brand to maintain 100% compatibility with all of the other replacement equipment and software. This equipment has proven to be essential in the imaging and scanning of ATF records/documents.

6. 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 FAR 5.2 and, if not, which exception under 5.202 applies:

This justification will be posted on the Federal Business Opportunities (FBO) website, along with the solicitation per FAR 6.302-1(c)(1)(ii)(C).

7. Determination by the CO that the Anticipated Cost to the Government, including options, will be Fair and Reasonable:

In accordance with FAR 13.106-3, the contracting officer must determine that the proposed price is fair and reasonable. The program office received a market research quote from the manufacturer totaling $X. The CO will compete this requirement and base the price reasonableness determination on competition.

8. Description of the Market Research (MR) conducted and the results or a Statement of the reason MR was not conducted:

Market research was conducted to determine if other offerors can provide the IBML equipment and services. The manufacturer has confirmed there are other small business resellers and this requirement will be competed using the FedBizOpps website. In researching other manufacturers’ solutions, it was determined that IBML software will operate in a limited capacity on XXXXXX Desktop Scanners. However, these smaller desktop scanners cannot handle the complexity of work required by the ATF. The functionality of the open track IBML scanners cannot be matched with a desktop style scanner.

(IBML)

Control #: ATF18- DJA-18-ANFA-PR-0825 Page 4 of 5

9. Any other Facts Supporting the use of Other than Full and Open Competition:

a) ATF currently utilizes IBML machines and related software for all imaging/scanning needs within the National Tracing Center and National Firearms Act Division. IBML is required to ensure compatibility with existing machines and software.

b) When FAR 6.302-1 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. This is not a follow-on to an order for development or production of a major system or highly specialized equipment, including major components thereof.

c) When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. FAR 6.302-2 is not cited; nor is it applicable to this acquisition.

10. Listing of Sources that expressed a written interest in this acquisition:

ATF received an informal quote to review and determine necessary requirements. Should others respond to the solicitation with a different solution and scanner, the CO will include their information in the file, along with an assessment.

11. Actions, if any, Taken to Remove or Overcome Barriers to Competition:

The Bureau makes every effort to remove or overcome barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue utilizing bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable. NSB will continue researching the marketplace and communicating with other agencies, to determine if similar products and/ or services, including accessories, can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature. Competition in the future will most likely depend on whether ATF needs a different brand name product.

(IBML)

Control #: ATF18- DJA-18-ANFA-PR-0825 Page 5 of 5

12. Certification:

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I, the Acquisition Initiator, certify that the facts and representations under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief and that the procurement action fulfills the minimum needs of the Government.

Date

APPROVAL:

I certify that the subject action represents the best value to the Government and that this justification is accurate and complete to the best of my knowledge and belief.

Amanda Boshears, Contracting Officer Date

8/02/2018