JA_CommScope_Newark_HQC_Fiber_Optic_Cable.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (X)(

Requisition Number: DJF-22-3510-PR-0004287

Date: August 9, 2022

Estimated Contract Dollar Value: $303,000.00

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Facilities and Finance Division has prepared this justification for other than full and open competition for fiber optic cable, connectors and supplies on behalf of the Electronic Systems Technology Unit, Newark field office.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

The FBI intends to award a firm fixed price name brand contract which will be set aside for small business. The FBI intends to make one contract award. The brand name is restricted to CommScope

Company: CommScope Company Address: 1100 CommScope Place Southeast Hickory, NC 28602 Company Point of Contact and Phone Number: 828-324-2200

3. A description of the supplies or services required to meet the agency’s needs.

This requirement is estimated to cost $278,500 to 303,000.00 for fiber optic cable, connectors, patch panels, patch cords, equipment racks and end user worker boxes as defined below:

FBI Newark CommScope Fiber Optic Cable and Supplies BOM

Part Number

392718

203939

392440

309470

485370

197604

4. The statutory authority permitting other than full and open competition.

(1) Citations: 41 U.S.C.3304(a)(1)

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Performance characteristics of CommScope data communications cable and connector products are superior to other data communications products available on the market at this price point. CommScope's Qwik II® Field Installable LC Connector and LazrSPEED® Plenum Distribution Cable exceeds other manufacturer’s performance specifications. For example, CommScope's Maximum Attenuation at 1300nm is 1.00 db/km. additionally, the Ethernet distance is 550 meters at 850nm at a speed of 10Gps. Both parameters are well within the FBI's specification for minimum performance. CommScope’s Qwik II® Field Installable LC connectors have a guaranteed maximum insertion loss of .3 db. This exceeds other manufacturers’ specification for non-polish ceramic ferrule fiber optic connectors. The Qwik II® Field Installable LC connector termination process is 3 minutes faster per connector than the Corning UNICAM connector while being at a lower price point. Keeping patch panels, patch cords, LC duplex adaptors, LC bulkhead adaptors, 6 port surface mount junction boxes and other ancillary data networking accessories in the CommScope family product line will ensure the fit and finish will be within the FBI’s tolerance for system attenuation as these components are interconnected to form one seamless data connection.

The FBI's data networks must perform at the best possible level to meet the demands of its counterterrorism, criminal, white collar, cyber, intelligence and administrative mission. CommScope products have a proven record of superior performance and are in use in many facilities throughout the FBI Newark field office’s facilities. CommScope products are kept on the shelf ready for installation when a surge in staff working major cases requires the quick installation of multiple data lines. Continuing to purchase and install CommScope data networking cable plant products insures that cable and connectors on hand are compatible with the cable plants already installed at FBI offices within the Newark field office’s area of responsibility (AOR) . FBI technical employees are fully trained and proficient at terminating CommScope’s Qwik II® Field Installable LC connector. Changing connector brands will put FBI employees on an unacceptable learning curve, thus negatively affecting the quality of data networks and adding additional labor costs. There has been consolidation of network connectivity companies in the past 4 years which is limiting competition for such products. For example, TE Connectivity and CommScope recently merged. TE Connectivity fiber optic products are used extensively throughout the FBI Newark office’s AOR. The recent merge of TE Connectivity and CommScope bolsters the justification for continued use of CommScope data networking products. All CommScope cable and connectors are made in the United States of America and are UL listed. Similar brands at this price point are made in China and are not UL listed.

At the strong recommendation of FBI data communications network managers, it is requested that the Contracting Officer continue the practice of purchasing CommScope specific products for the FBI Newark field office’s data networks. This will ensure uniformity of data networking cabling and connectors in use and that the office’s employees have access to reliable and effective data networks as they carry out the mission of the FBI.

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 FBI intends to make a firm fixed price name brand contract that has the potential to be a small business set aside. The FBI intends to make one contract award. The government is required to set aside all requirements at or under the simplified acquisition threshold (currently $250,000) for award to small businesses. This requirement will exceed the simplified acquisition threshold; therefore, first solicitation for these requirements will be conducted as a small business set-aside. If a small business is unable to fulfill all requirements, a second solicitation may be conducted to include large business opportunities.

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.

This acquisition is anticipated to be in the $290,000.00 to $303,000.00 range. The Newark field office done two other CommScope procurements in the past four years over that were over $100,000.00 and as such, has a very good sense of what fiber optic cabling and connectors should cost and believes this estimate to be fair and reasonable.

8. A description of the market research conducted and the results.

The Newark field office engaged with select distributors for CommScope data networking cable and connector products to obtain price quotes for the items listed on the BOM. The select distributors engaged with CommScope’s Federal Special Programs Manager to obtain special federal government pricing for the products. The select distributors are large businesses and CommScope only gives the special federal discount pricing to these select distributors. Newark received a price quote for the BOM from Anixter and used that quote as the basis for the Finance & Facilities Division sub-allocation to Newark for funding this project. Once the funding for this project was obtained, Newark then solicited quotes from two additional select CommScope distributors to demonstrate competition for the procurement. Newark also referred a small business cable vendor to the CommScope Federal Special Projects Manager to receive the special federal government pricing, but the small business vendor was referred to a select CommScope vendor (in this case Anixter) for the pricing. CommScope will not work directly with small business distributors to provide special discounted pricing.

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

The cabling and connectors for this requirement must be compatible in all aspects (form, fit, and function) with existing cabling systems presently installed in Newark’s AOR. The FBI technicians that will install these cabling products are proficient at CommScope’s installation processes and are familiar with their technology. Specific characteristics of CommScope limit the use of other brands for this procurement as CommScope cabling products are interchangeable with existing cable termination tools, cabling, connectors, patch panels, LC adaptors and patch cords currently in use throughout the Newark field office and FBI.

10. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

After conducting market research, there are select CommScope distributors interested in this procurement that offers plenty of competition to the process. The brand name restriction does not unfavorably affect competition.

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