JA_Redacted.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION I PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Justification for Other than Full and Open Competition in Accordance With 41 U.S.C. 3304(a)[(1)]

Requisition Number: SHOP-PR-26-002546

Title: ESChat

Date: 9/22/2026

Estimated Contract Dollar Value: H

1. Identification of the agency and the contracting activity.

The U.S. Department of Justice (US DOJ), Federal Bureau of Investigation (FBI), Information Technology Acquisitions Unit (ITAU), has prepared this Sole Source Justification for ESChat on behalf of Operational Technology Division (OTD).

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

The FBI has a brand-name requirement for a proprietary software platform (ESChat) to

IM these security operatIons is to develop and implement a seamless security plan that will create a safe and secure environment for the general public, event participants, protectees, and other dignitaries.

NSSE security is planned, exercised, and implemented through a unified command model that is comprised of representatives of participating federal, state, and local agencies with NSSE responsibilities.

During the NSSE's planning phase, each participating agency is tasked according to their expertise or jurisdictional responsibility.

NSSE operational plans include the coordination of acquisition planning, technology deployment, communicatIon enhancements and training for all command levels of the law enforcement entities.

These actions must be coordinated across Fiscal Years to ensure uniformity amongst the agencies in preparation for the event.

This acquisition represents a new contract action; however, it does not constitute a new effort under the definition used in the agency’s budget and planning framework. The requirement is a continuation of

Attachment M – J&A Guide & Template

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FINANCE AND FACILITIES DIVISION I PROCUREMENT SECnON

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

previously approved capabilities and mission needs and therefore aligns with existing programmatic objectives.

This effort is expected to be Firm-Fixed-Price (FFP) because the overall scope and end state deliverable are sufficiently definable.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value)

ESChat is a secure subscription-based app that transforms smartphones and specialized smart devices into high-tech, encrypted walkie-talkies. ESChat facilitates secure Push-to-Talk (PTT) (PTT) communication, multimedia messaging, and a Common Operating Picture (COP) within and between agencies for mutual-aid or tactical purposes. ESChat for Government also supports external interfaces including Land Mobile Radio (LMR), dispatch consoles, and logging recorders.

The following requirements have been identified as solutions required to support this mission set:

Description

ESChat foF Government - FedRAMP Annual - Tier 1 Annual Recurring Charge per ESChat Client 1860

(Android, iOS, loT, and Windows PC)

The Independent Government Cost Estimate (IGCE) for this requirement = as follows:

Price Per Unit

Base Year

OY 1

OY 2

OY 3

OY 4

Total

The IGCE of n was developed using the manufacturer price list plus adding an additional 3.5% per year for escalation.

Attachment M – J&A Guide & Template

SHOP-PR-26-002546

Procurement Section Format Update: 06/22/2026

FINANCE AND FACILITIES DIVISION I PROCUREMENT SECrION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Pricing:

:1 per User per Year for the first 5,000 Users per User per Year for Users 5,001 and above

The software license is required to support the LA28 Olympic Games July 14 to July 30, 2028. Pursuant to the Bona Fide Need Rule Lead-Time Exception, the procurement of ESChat software licenses constitute a legitimate obligation of FY26 funds despite the target operational window occurring in July 2028. The immediate bona fide need in FY26 is not the execution of the LA28 Olympic Games themselves, but rather the immediate requirement for multi-agency interoperability testing, physical vehicle integration, and mandatory tactical field training cycles. Waiting until FY28 to procure these assets introduces an unacceptable risk of communication failure during a National Special Security Event.

Therefore, the lead time required for technical readiness validates the use of current period appropriations.

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) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.103-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Demonstrate that the proposed contractor’s unique qualifications or the nature of the acquisition requires using the authority cited.

The FBI must purchase this specific product as a brand-name sole source to satisfy mandatory federal cybersecurity regulations, meet strict tactical field requirements, and maintain operational compatibility with key partner agencies.

Attachment M – i&A Guide & Template

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Procurement Section Format

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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 not be publicized as required by Subpart 5.1 and, if not, which exception under 5.101 applies.

Although this acquisition requires a brand name solution available only through the authorized resellers, the FBI will continue to monitor the marketplace for similar products that fulfill the requirements at a fair and reasonable cost to the Government. The FBI will also engage with the OEM, industry partners, and other federal agencies to identify opportunities to expand the pool of qualified resellers, increase vendor participation, and reduce reliance on limited source channels. These actions will help ensure that any barriers to fair opportunity are minimized or eliminated before subsequent acquisitions for similar supplies or services are initiated. This J&A will be publicized, as required by Subpart 5.1, on SAM.gov.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The FBI will conduct a price analysis that includes but is not limited to analysis of established catalog rates, and the ability to compare proposed prices against historical and market data collectively support the determination that the final award price will represent a fair and reasonable cost to the Government.

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

Mandatory Services:

In accordance with FAR Part 8 (Required Sources of Supplies and Services), the Government reviewed existing mandatory inventories. This requirement cannot be satisfied through any mandatory Government source, including the requiring agency's current inventories, excess property from other agencies, Federal Prison Industries, Inc. (UNICOR), the Committee for Purchase From People Who Are Blind or Severely Disabled (AbilityOne), or standard wholesale supply sources. None of these entities possess or publish the proprietary, Fed RAMP-certified ESChat software required for this mission.

Existing Agency Contract Vehicles:

The Contracting Officer conducted extensive market research by reviewing the FBI’s centralized SharePoint repository for active FY26 Blanket Purchase Agreements (BPAs) and Indefinite- Delivery/Indefinite-Quantity (IDIQ) vehicles. The FBI’s Information Technology Supplies & Support Services - 2nd Generation (ITSSS-2) contract vehicle was evaluated for potential fit. However, ITSSS-2 is primarily structured for IT labor, professional support services, and traditional hardware provisioning. It does not offer prepackaged, commercial Software-as-a-Service (SaaS) subscriptions, nor does it host the proprietary items necessary to fulfill this specialized tactical communications requirement.

Consequently, utilizing ITSSS-2 is technically unfeasible.

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Update: 06/22/2026 !

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

Other Government Agencies:

The FBI acquisition team reviewed existing Government-Wide Acquisition Contracts (GWACs) and sister agency vehicles to identify potential enterprise-level solutions. During this canvas, the team evaluated a related procurement executed by = n completed a brand-name sole-source acquisition under FAR Part 8, leveraging the GSA Federal Supply Schedule to issue a Firm-Fixed-Price (FFP) delivery order (15DDHQ25F000000265). However, this specific vehicle is unavailable to satisfy the FBI's requirement due to the following constraints:

• Period of Performance (PoP) Limitations: The U delivery order spans a rigid period of performance from June 1, 2025, through May 31, 2026. Because this timeline expires prior to the FBI’s target period of execution, it cannot accommodate the FBI's long-term deployment lead time

• Lack of Multi-Agency Multi-Year Ordering Provision: The underlying ordering vehicle was structured exclusively to fulfill imm6diate n operational licenses only.

Consequently, while the FBI will logistically leverage the security architecture established under the

[a platform authorization, thR active delivery order itself is not a viable procurement vehicle for the FBI's independent acquisition.

Best in Class (BIC) or Government Solutions Agency (GSA):

The Contracting Officer determined this requirement cannot be purchased off a BIC or the GSA Multiple Award Schedule since neither of the authorized resellers have a Federal Supply Schedule or are on a BIC.

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

In addition to FAR 6.103-1, the Contracting Officer has determined that FAR Part 12, Acquisition of Commercial Products and Commercial Services, is the most appropriate authority for this requirement.

In accordance with FAR 12.201-1, simplified procedures may be used for acquisitions exceeding the simplified acquisition threshold but not exceeding $9 million. Under FAR Part 12, contracting officers are required to issue a Request for Quotations (RFQ) followed by a purchase order to effect award.

Additionally, the presolicitation notice and solicitation notice may be combined when using these streamlined commercial item procedures.

Attachment M - J&A Guide & Template

SHOP-PR-26-002546

Procurement Section Format

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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

The table below illustrates potential suppliers exists despite the brand-name restriction. Competing these two authorized vendors ensures that the Government can drive down final costs while meeting the strict technical and security requirements of the mission.

Supplier / Vendor Name

San Luis Aviation, Inc. (ESChat)

Cellco Partnership (DBA Verizon Wireless)

UEID: CK77N4SCAID3

Sanjay Gowda Product Management 978-394-9090 saniav.gowda 'erizo n .com

,uthorized Reseller – No GSA Schedule

EFJohnson Technologies a JVCKENWOOD

Company

UEID: U5Z(IJEZIZ5C8

Brian MauI

In.MauIBrian MauI i.co buthorized Reseller - No

IGSA Schedule

11. A statement of any 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.

Although this acquisition requires a brand name solution available only through the authorized resellers, the FBI will continue to monitor the marketplace for similar products that fulfill the requirements at a fair and reasonable cost to the Government. The FBI will also engage with the OEM, industry partners, and other federal agencies to identify opportunities to expand the pool of qualified resellers, increase vendor participation, and reduce reliance on limited source channels. These actions will help ensure that any barriers to fair opportunity are minimized or eliminated before subsequent acquisitions for similar supplies or services are initiated.

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I Update: 06/22/2026 1