J A ANAB Accreditation 04072021 Redacted.pdf

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FEDERAL BUREAU OF INVESTIGATION

FINANCE and FACILITIES DIVISION | PROCUREMENT SECTION

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

AND OPEN COMPETITION GUIDE AND TEMPLATE

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

Requisition Number: DJF-21-1800-PR-0002632

Date: 04/07/2021

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Professional Services Acquisition Unit (PSAU), has prepared this justification for other than full and open competition for the procurement of accreditation services and associated fees on behalf of the Operational Technology Division (OTD), Digital Forensics & Analytics Section (DFAS), Digital Forensic Support Unit (DFSU).

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

This requirement is being submitted as a sole source effort. ANAB is the only vendor who can provide these services to the Digital Evidence Laboratory locations. The ANAB accreditation is only available from one source, and competition is precluded as there are no substitutes available. The ANSI National Accreditation Board (ANAB) provides integrated accreditation to multiple standards and many industry specific programs based on ISO/IEC 17025. The standard consists of general, structural, resource, process and management system requirements. The general, structural, and management system requirements relate primarily to the operation and effectiveness of the laboratory’s quality management system and the laboratory organization itself.

ANAB is the largest multi-disciplinary accreditation body in North America and is highly recognized nationally as well as internationally and holds with it an international accreditation.

Accreditation benefits the digital evidence laboratories by allowing them to determine if they are performing their work to appropriate standards and provides them with a benchmark for their performance. A regular assessment by an accrediting body, checks all aspects of a

Attachment M – Justification and Approval (J&A) for Other than Full and Open Competition Guide & Template to Procurement Standard Operating Procedure (SOP) – Requirements Generation

Attachment M – J&A Guide & Template Version 2.2 Page 2 of 5 laboratory’s operation related to consistently producing accurate and reliable data. ANAB accreditation is the only accreditation available which meets the requirements of the FBI.

The most recent contract number for this effort is: 15F06719C0002541.

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

The requirement is to continue using ANAB to maintain our current accreditation for this period of performance, which will run from May 1, 2021 through December 31, 2021. This will allow the Digital Evidence Laboratory (DEL) to continue our efforts in the processing of digital forensic examinations within our laboratory locations throughout the United States. In addition, this will allow the laboratories to accomplish its mission of support to federal, state and local law enforcement agencies through scientific analysis of digital evidence.

Costs for these services fluctuate from year to year as personnel numbers can change as well as baseline fees from the vendor. For this particular period of performance, the cost will be $ and will be covering the ISO/IEC 17025 Surveillance Document Review and the 2021 Annual Accreditation Fee.

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.253(c)(1)(or 10 USC 2304(c) (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.

ANAB is uniquely qualified to provide these services to the FBI’s digital laboratory locations.

The Digital Evidence Laboratory is accredited through ANAB. Because we are an accredited laboratory in Digital Forensics, it’s necessary to maintain high standards through our work products and quality assurance. ANAB provides its customers the best accreditation and assessment services possible while helping its customers focus on achieving and providing value.

ANAB is the only vendor that can provide these services because there are five accreditation bodies (ABs) in the United States that are signatories to one or more Mutual Recognition Arrangements (MRAs) for the accreditation of calibration laboratories. Of the five accrediting bodies, ANAB is the only vendor that provides the specific discipline of “Digital and Video/Imaging Technology and Analysis.” Efforts taken to remove competitive barriers are as follows – This is a regulatory service that relies on international standards; the competitive nature is purposely limited to ensure there are agreed upon standards.

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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.

It is impractical to change accrediting bodies. It would not be cost effective and would hamper the digital laboratory effectiveness. ANAB accreditation is the only accreditation available which meets the requirements of the FBI. The ANAB accreditation is only available from one source, and competition is precluded as there are no substitutes available.

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.

Costs for these services fluctuate from year to year as personnel numbers can change as well as baseline fees from the vendor. For this particular period of performance, the cost will be and will be covering the ISO/IEC 17025 Surveillance Document Review and the 2021 Annual Accreditation Fee.

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

This requirement is being submitted as a sole source effort. ANAB is the only vendor who can provide these services to the Digital Evidence Laboratory locations. ANAB is the only vendor that can provide these services because there are five accreditation bodies (ABs) in the United States that are signatories to one or more Mutual Recognition Arrangements (MRAs) for the accreditation of calibration laboratories. Of the five accrediting bodies, ANAB is the only vendor that provides the specific discipline of “Digital and Video/Imaging Technology and Analysis.”

Efforts taken to remove competitive barriers are as follows – This is a regulatory service that relies on international standards; the competitive nature is purposely limited to ensure there are agreed upon standards.

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

No additional supporting facts. See #8 above.

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

None known

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

This requirement is being submitted as a sole source effort. ANAB is the only vendor who can provide these services to the Digital Evidence Laboratory locations.

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

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COs are not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below:

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Reviews and Approvals (up to $700K)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Signature Date