FBO-JOFOC-0001733-NVGs and Repairs.pdf

Requisition Number: DJF-20-2200-PR-0001733 Version 1.0 Page 1 of 3

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH STATE

AUTHORITY 41 U.S.C. 3304(a)(1) Requisition Number: DJF-20-2200-PR-0001733

Date: March 4, 2020 Estimated Contract Dollar Value: $XX,XXX.XX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition for the procurement of night vision goggles (NVGs) and repairs and maintenance to the NVGs on behalf of the Hostage Rescue Team (HRT), Critical Incident Response Group

(CIRG).

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

A one-time, sole source, firm-fixed price contract shall be awarded to L3 Technologies, Inc.

(Londonberry, NH) for NVGs and the repairs and maintenance of the NVGs. A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3 Technologies, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The requirement is to provide three (3) ground panoramic night vision goggles (GPNVGs) quad tube white phosphorus NVGs at 2376 FOM with required battery packs and power cables at an estimated total cost of $XX,XXX.XX. Due to a lack of current inventory, there are Operators assigned to Gold, Blue, and Silver Units who do not have this type of NVG assigned, which provide the safest and most effective way to operate in a no light/low light environment.

Procurement of these NVGs will complete the same NVG capability across Gold, Blue, and Silver.

These quad tube NVGs must be:

White phosphorus Meet a minimum figure of merit (FOM) for tube quality of 2376

Requisition Number: DJF-20-2200-PR-0001733 Version 1.0 Page 2 of 3

BNVS mounting configuration

The requirement is to provide six (6) sets BNVD1531 dual tube white phosphorus NVGs at 2376 FOM at an estimated total cost of $XX,XXX.XX. Currently, Tactical Special Agent Bomb Technicians (TSABTs) are utilizing PVS31 NVGs in order to complete their fine detail, explosive disposal skill set in no light/low light environments without an integrated passive light source (infrared) or functional near in focus capability. The BNVD1531 provides TSABTs with the safest and most effective way to function their skill set in no light/low light environments. These dual tube NVGs must be:

White phosphorus Meet a minimum figure of merit (FOM) for tube quality of 2376 Have a near-in focus capability Have an integrated passive light source BNVS mounting configuration

The requirement is to provide replacement parts, maintenance, and repair services for $XX,XXX.XX. This will allow HRT to maintain its existing NVGs throughout the year in the event any set is damaged or fails to work properly. HRT has purchased 150 sets of GPNVGs and 26 sets of PVS-31 NVGs through L3 Technologies, Inc. These items need to be maintained when they break or malfunction after the one year warranty period expires. These NVGs are mission essential equipment for an HRT operator to perform his job. The anticipated dollar value of this award shall not exceed $XXX,XXX.XX.

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) (or 10 USC 2304(c)(1)) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 1 entitled, “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.

L3 Technologies, Inc is the sole manufacturer of the specific GPNVGs (GPG-000-A32) and BNVD-1531s (BNR-001-A3) the HRT requires to best support its mission within the FBI.

Additionally, L3 Technologies, Inc will sell directly to the FBI at the lowest possible US government pricing. Historically, ADS was the only authorized distributor for L3 Technologies, Inc panoramic night vision goggles, but by going direct to L3 Technologies, Inc, the FBI can save significant money on each pair. Further, going direct with L3 Technologies, Inc will also help to maintain the relationship for warranty and service work to be completed in an expedited manner going forward. L3 Technologies, Inc is the only company authorized to repair or perform maintenance on the NVGs.

6. A description of efforts made to ensure that offers are solicited from as many potential

Requisition Number: DJF-20-2200-PR-0001733 Version 1.0 Page 3 of 3 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 (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3 Technologies, Inc.

This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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 anticipated dollar value of this award shall not exceed $XXX,XXX.XX. Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

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

Market research for the required maintenance determined L3 Technologies, Inc is the sole repair/maintenance contractor authorized to work on HRTs NVGs. They fabricate all the components of the NVGs in-house and do not contract any repair/warranty work outside of L3 Technologies, Inc. Many of the aspects of HRT’s existing inventory of NVGs are proprietary, in that L3 Technologies, Inc is the only authorized vendor for both repairs/maintenance and replacement parts.

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

Please see sections five (5) above.

10. A listing of any sources that expressed a written interest in the acquisition.

A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3 Technologies, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The actions of the HRT to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. Over time, additional sources may become available and identifiable through market surveys, trade shows, magazine articles, collaboration with other Federal agencies, or other means. The ability to predict this possibility is difficult. Therefore, the barriers to competition they impose are impossible to avoid.