ICASS-WEBCAM_OTFOC JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Office of Acquisitions Management

Requiring Activity Ryan Key • Supply Chain Division Chief • DT/EI/IM/SCM

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

Supply Chain Management (SCM) is requesting to purchase headsets and webcams from Advanced Programs Inc (API) to go with equipment already purchased for overseas posts. Due to this information we need to purchase these two line items from API to provide the solution to overseas post on a single source basis to Advanced Program Inc; 7125 Riverwood Drive, Columbia, MD 21046; Telephone (410) 312-5800 for the supplies and/or services described in Section 3 on behalf of SCM. There is no other reseller or OEM that can provide these items to be connected to the proprietary equipment already purchased for $XXXXXXXX.

This order type will be Firm-Fixed-Price (FFP).

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The items to be procured are webcams and headsets that are authorized for use in a Department CAA. This will allow employees to conduct normal business via computer inside a space that has restrictions against some OEM hardware. Previously 8000 workstations were procured, followed by 8000 positive disconnect switches.

This order of webcams and headsets will complete the equipment package needed to refresh end-of-life Government equipment.

The estimated value for the entire order is $4,000,000.00

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This statutory authority permitting other than full and open competition is 41 U.S. Code 1901 as implemented by FAR 13.501(a) and FAR 13.106(b); specifically, this authority permits contracting on a sole-source basis.

If using the special emergency procurement authority (see FAR 13.500(c)), change the statutory authority referenced above to 41 U.S. Code 1903.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

API is uniquely qualified to provide the headsets and webcams for the previously purchased equipment that called Positive Disconnect, manufactured by API. The webcams and headsets have been tested and certified to an approved standard with the previously purchased positive disconnect switches and workstations. Any other webcam or headset is not guaranteed to meet the requirements for operation inside a CAA ,as it has not been tested with the existing equipment. The items should only be procured from API as they are the final component for the complete system.

API has worked closely and thoroughly with Diplomatic Security to ensure their products are approved and they are aware of the requirements for operation. Going with another source will require a restart of the testing and certification process, requiring significant time.

The original contract award 19AQMM22F7593 was awarded and API successfully delivered 100% of the order. The Positive Disconnect order was completed and the devices were delivered in full. Only after these were delivered was a decision made by DS to not allow the COTs headsets and Webcams be used with this technology. The total amount of the award was $1234567.00; this amount would be a loss if we do not purchase directly from API for the items to fit this piece of equipment that is proprietary to API.

Going with another source would require API providing samples of their equipment and proprietary technology to another company so they may design then test against Department requirements. Such design and testing has taken API close to a year with applicable research and development (R&D) costs.

Going with another source may involve assumption of associated R&D costs.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

SCM has reached out to API on the possibility of compatibility with other sources but were unable to identify a suitable source with the required expertise in producing equipment suitable for operation in a CAA. Another company CIS, was identified but would require extensive testing and access to API equipment documentation.

No additional sources have expressed interest or ability to provide the equipment.

Market research was conducted by reviewing product catalogs from API and CIS for suitable equipment and then discussing with each what would be required. API provided a tour of the production facility and a demonstration of the testing procedures as well as the certification process. CIS provide their equipment but mentioned that it is compatible with their version of the positive disconnect switch. Obtaining these would be a redundant procurement as we already have the devices from API.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Office has determined that the anticipated price(s) will be fair and reasonable based on established contract agreements and volume discounts. By signing the justification, the Contracting Officer makes a determination that the price to the Government is expected to be fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON A MARKET RESEARCH WAS NOT CONDUCTED

The proposed contract was synopsized on 08/12/24 and discussed with API. Additionally, it was discussed with CIS on 8/27/24 where it was determined that additional testing would be required if API equipment was to operation with CIS equipment.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

SECTION 10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED A WRITTEN INTEREST IN THE

ACQUISITION

To date, no other sources have written to express an interest in this acquisition.

SECTION 11. 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

After this acquisition is completed, SCM will have the ability to provide equipment refreshes for the remainder of the cycle. For the next refresh cycle, bids will be solicited for the entire package of workstation, positive disconnect switch, webcams, and headsets. This will allow both API and CIS to provide comparable complete systems and restore open and practical competition. This could occur as soon as end of FY25 at which time detailed market research will be conducted to eliminate barriers to competition.

SECTION 12. CERTIFICATIONS

All reviews and approvals should be completed in the order listed unless otherwise authorized or required.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical & Requirement Cognizance:

SIGNATURE:

Ryan Key Date Supply Chain Division Chief

LEGAL SUFFICIENCY REVIEW

This J&A is hereby determined to be legally sufficient.

SIGNATURE:

Kathleen Martin Date Legal Advisor

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Sharon Jackson Date Contracting Officer

A/OPE/AQM/WW

Telisa Williams Date Branch Chief

Robert Powell Date Division Director

SECTION 13. APPROVALS

COMPETITION ADVOCATE

Sharon James Date Competition Advocate

NOTE: Each review must stipulate and include lower level signatory concurrence only prior to the higher dollar threshold approval. Signatories shall not exceed FAR or U.S.C. dollar threshold authority.