DJD-17-R-0036_JOFOC-FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Updated 2/18/2015 1

Identification Number (purchase request/solicitation number): DJD-17-R-0036

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: Office of Special Intelligence

2. Nature and/or description of the action being approved. (e.g., new contract award or modification expanding the scope of an existing contract)

The action being approved is a new contract award.

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

DEA has a continuing requirement for Field Engineer Services, Refueling & Generator Maintenance Services and Warranty Support Services to support the License Plate Reader (LPR) Systems located along the Southwest (SW) Border. The services are performed in Texas, New Mexico, Arizona, and California.

Period of performance or Total estimated value: __________ final delivery date: 09/30/2017 - 09/29/2018 with four one year option periods.

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

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.

Selex ES Inc. is the only company that can provide the support services for the LPR Systems, as their software and its configuration for the government-owned equipment is proprietary and patented to ELSAG North America.

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.

The equipment , software and its configuration for the government-owned LPR equipment is proprietary to the manufacturer, ELSAG North America and must be maintained and serviced by SELEX ES, Inc. In accordance with FAR 5.101, the Request for Proposal (RFP) and the Justification For Other Than Full and Open Competition will be posted on FEDBIZOPPS.

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

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

The Contracting Officer will make a determination that the anticipated cost to the Government will be fair and reasonable.

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.

For the current award, the Government issued a Sources Sought Synopsis on 04/24/14 and received one response and it was from ELSAG North America. The response stated that the Statement of Work (SOW) addressed the requirements and that ELSAG North America is the only authorized source that provides the services. The Government expects to receive a similar response from the current contractor after the posting of the current RFP.

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

This is not applicable.

ii. When 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 applicable.

iii. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

This is not applicable.

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

No other sources have expressed in writing an interest in this requirement.

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 LPR systems are government-owned equiment and they have to be maintained by the manufacturer. For the foreseeable future, no further actions can be taken that can overcome the barriers of the restricted competition.

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