FRD and CEOS - SSJ.pdf

Justification for Other than Full and Open Competition – Supplies and Services Page 1

U.S. Department of Justice Criminal Division CRM Procurement Washington, DC 20530

Justification for Other than Full and Open Competition Supplies and Services

Date: August 15, 2023 RSN: 234990 & 235048, LingPerfect Translations, Inc. – English to English translations

1. Estimated Contract Dollar Value: $102,000.00

2. Name of Proposed Contractor:

LingPerfect Translations, Inc 1110 Brickell Avenue, Suite 430-K25 Miami, FL 33131

UEI: N13LW3URS9C7

3. Identification of the requesting agency and the contracting activity.

The Department of Justice (DOJ) Criminal Division seeks to contract for an expert consultant in support of the DOJ, Fraud Section and Child Exploitation and Obscenity Section (CEOS), Administration and Management (A&M) Unit. The contracting activity is the DOJ, Criminal Division Procurement Office.

This justification is prepared in accordance with the requirements of Federal Acquisition Regulation (FAR) 6.302-1to support the recommendation that other than full and open competitive procedures be used for the procurement action described in the next section.

4. Nature and/or description of the action being approved.

The action being approved is the retention of LingPerfect Translations, Inc. (hereafter referred to as LingPerfect) to provide English-to-English transcription and translation services for audio recordings, videos, etc. for preparation of evidence at trial.

5. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

LingPerfect will transcribe electronic media, paper, and other recording materials from English-to-English.

The proposal seeks a total amount of $72,000.00 for Fraud and $30,000.00 for CEOS.

Justification for Other than Full and Open Competition – Supplies and Services Page 2

6. Identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 253(c) (3) as implemented in FAR Subsection 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

7. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Pursuant to FAR Subsection 6.302-1, full and open competition need not be provided for when only one responsible source will satisfy agency requirements. Based on the proposed vendor’s background and experience, LingPerfect’s work for the Department of Justice will be substantial. Firstly LingPerfect has security cleared transcribers. This is essential to provide a quick turnaround for transcription projects that are often needed in 24 hours.

Additionally, this is a follow-on bridge contract to provide transcription services as the BPA for English-to-English services is competed.

The Criminal Division requires accurate and complete English-to-English transcription services, and the correct speaker/subject must be attributed to the transcription. The Criminal Division encounters significant consequences in the investigation and trial phases when transcription services are determined unreliable because they are inaccurate and or incomplete. To date, we have had no problems with the services provided and have not needed to request re-work which adds time to its cases.

The breadth and scope of LingPerfect’s professional background thoroughly demonstrates the experience, resources, and expertise to successfully perform the work under the proposed contract. It would be cost and time prohibitive to hire another contractor at this juncture.

8. 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.

In accordance with FAR 5.202(a)(13), a synopsis notice for this proposed contract action is not required to be posted. This contract is expected to not exceed the simplified acquisition threshold.

9. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The budget proposal submitted by LingPerfect Translations Inc. is comparable

Justification for Other than Full and Open Competition – Supplies and Services Page 3 to proposals submitted for similar work in previous matters that were deemed to be fair and reasonable. The contracting officer should, therefore, have ample documentation to determine that the prices are considered fair and reasonable.

10. Description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted.

Due to the urgent nature of the request, the Criminal Division has decided to put in place a bridge contract. The LingPerfect vendors are cleared by security which is essential for the nature of this requirement.

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

N/A

12. List of the sources, if any that expressed, in writing, an interest in the acquisition.

This requirement was not available for competition therefore no additional sources were solicited for this acquisition.

13. 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.

Criminal Division is working with the Executive Office for Immigration Review (EOIR) to put in place a Blanket Purchase Agreement for English-to-English transcription services.

The CRM procurement team will continue to conduct market research in the future to determine if any new contractors supply the service.

14. Certifications, concurrence, and approval.

Technical/Requirements Personnel Certification:

I certify that the information contained in this document for which I am responsible is accurate and complete to the best of my knowledge and belief.

Kamelia Phillips Administrative Officer Fraud Section, Criminal Division

Date

Contracting Officer Certification:

Justification for Other than Full and Open Competition – Supplies and Services Page 4

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Prepared By

Brittany Evans Date Contracting Officer Criminal Division