JOFOC_revised_on_9-22-15_(2)_(2).pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Cite authority, e.g., 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7))

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Department of Homeland Security, U.S.

Customs and Border Protection, Office of Internal Affairs, proposes to enter into a contract on a basis other than full and open competition pursuant to FAR Part 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

2. Nature and/or Description of the Action being Approved.

CBP Internal Affairs Digital Electronic Forensic (DEF) Program is replacing old technology forensic computer workstations that are “end of life” cycle. The current workstations [7+ years old] “were” high performance custom computers used in government criminal and administrative investigations. Due to failing equipment, expired warranties, and “end of life” cycles, a refresh of these workstations was requested. The DEF working group identified required specifications for new workstations based on historical issues, hardware configurations, warranties, and technical support offered with current forensic workstations.

Market research of large, medium, and small business vendors who offer comparable/similar “hardware” configurations, support, warranties, etc. for their workstations revealed that ORIGIN PC (a U.S. Small Business) is the only company capable of meeting “ALL” of the required specifications.

Include the following information:

(a) Type of action: Firm Fixed-Price

(b) Amount: $58,986.00

(c) Type of funding: Annual Appropriation / Object Class Code (OCC) 31 Equipment

(d) Year of funding: FY2015

(e) Proposed Vendor: ORIGIN PC

12400 SW 134th Court, Unit #1 Miami, FL 33186 Tel. 305-971-1000 x7440

3. Description of Supplies/Services.

Five (5) Custom High Performance Forensic Desktop Computers

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. Authority 41 U.S.C. 3304 (a)(1) FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. Demonstration that the Nature of the Acquisition Require Use of the Authority

Cited.

Authority 41 U.S.C. 3304 (a)(1) FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

CBP Internal Affairs Digital Electronic Forensic (DEF) Program is replacing old technology forensic computer workstations that are “end of life” cycle. The current workstations [7+ years old] “were” high performance custom computers used in government criminal and administrative investigations. Due to failing equipment, expired warranties, and “end of life” cycles, a refresh of these workstations was requested. The DEF working group identified required specifications for new workstations based on historical issues, hardware configurations, warranties, and technical support offered with current forensic workstations. Market research of large, medium, and small business vendors who offer comparable/similar “hardware” configurations, support, warranties, etc. for their workstations revealed that ORIGIN PC (a U.S. Small Business) is the only company capable of meeting “ALL” of the required specifications.

The other vendors cannot meet the required specifications for the Custom High Performance Forensic Desktop Computers; specifically each of these vendors can provide “some” but not ALL of the following requirements:

Customization:

• Vendor must provide custom motherboard mounting configurations: i.e.

inverted, 90 degrees, etc. to allow for better vertical heat dissipation

• The computer case must be capable of internally mounting seventeen (17) 3.5” mechanical hard drives, in conjunction with other required hardware e.g. DVD drives, media card readers, USB bridges, etc.

Customer Support:

• Vendor must provide 24/7 USA-based, English speaking Level III Technical Support available via email and/or telephone.

Warranty:

• The Vendor’s warranty must include parts, labor and shipping (to/from) for three (3) years AND lifetime labor past the 3 year warranty.

• Vendor must replace (w/o a return) of defective hard drive to prevent sensitive data spillage. Government must be allowed to keep all defective hard drives.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

An announcement will be advertised in FedBizOpps as required by FAR Subpart 5.102(a)(6).

7. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated price will be fair and reasonable based on the price difference or comparison since the large, medium, and small vendors were not able to meet the specific requirements but CBP was able to determine a baseline cost for (5) Custom High Performance Forensic Desktop Computers. Researchers built and customized these systems online via the vendor’s web portal utilizing custom components offered by the vendor online. While each vendor was not able to meet the exact specifications a price was generated for what the vendor could provide based on their website offering.

Origin PC is the only vendor capable of meeting ALL of the requirements. Other vendors can provide “some” but not ALL of the requirements.

Additionally, based on market research, and conversations with other government entities who have purchased similar equipment from this vendor, it appears the pricing for the acquisition is consistent with pricing provided to these agencies.

8. Description of Market Research.

U.S. Customs and Border Protection, Office of Internal Affairs researched large, medium and small business and some were able to provide limited required specifications as described above in item #5. Origin PC was the only vendor who met the required specifications.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The current workstations being replaced “were” high performance custom computers used in government criminal and administrative investigations. Due to failing equipment, expired warranties, and “end of life” cycles, a refresh of these workstations was requested.

The DEF working group identified required specifications for new workstations based on historical issues, hardware configurations, warranties, and support offered with current forensic workstations. The new equipment and associated services require a very high level of quality, performance, and support due to the type of work being performed. The equipment is unique and highly specialized. For these reasons the government cannot select a lesser quality product because it would unnecessarily decrease the life of the equipment, hamper productivity and efficiency of government operations.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

None expressed an interest in writing. Market research for the acquisition was done via online web portals, for each company.

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 Supplies or Services Required.

In the future, based on our needs at the time, we will assess advancements in technology which meet our specifications at that time. As technology changes so do our specifications because with increased technological advances we must be able to keep pace with respect to power, speed, and efficiency. We’ll continue our market research of large, medium, and small business vendors who offer comparable/similar “hardware” configurations, support, warranties, etc. based on the needs of the agency at the time.

Based on continued technological advancements in the computer industry the “technology market” will determine if the specifications can be met by other businesses which may open the acquisition up to full competition for future forensic workstations.

(Remainder of this page left blank intentionally)

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer*: Date

*NOTE: The Contracting Officer approves:

(1) when the action does not exceed $650K; and

(2) when regardless of dollar amount, the contract is awarded under FAR 6.302-7, Public Interest.

Competition Advocate**: Date

**NOTE: Competition Advocate approval:

(1) is required when the action exceeds $650K but is less than or equal to $12.5M; and when, regardless of dollar amount, the contract is awarded under FAR 6.302-7, Public Interest.

(2) is not required if the Component Competition Advocate meets either of the criteria at FAR 6.304(a)(3)(i) or (ii), except for any determination and justification for a contract awarded under FAR 6.302-7, Public Interest, regardless of dollar amount, and exceptional circumstances applying to actions above the simplified acquisition threshold that cite FAR 6.302-2 as the authority.

CZEHUET

Typewritten Text 9/22/2015