JOFOC - 0004775 - beta.SAM.pdf

Requisition Number: DJF-20-0200-PR-0004775 Version 1.0 Page 1 of 3

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH (STATE

AUTHORITY 41U.S.C. 3304(a)(1) Requisition Number: DJF-20-0200-PR-0004775

Date: May 13, 2020 Estimated Contract Dollar Value: $XX,XXX.XX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition to acquire Princeton Tec, TEC2, Black Flashlights on behalf of the Firearm Training Unit (FTU), Training Division (TD).

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

The proposed action is to acquire Princeton Tec name brand handheld tactical black flashlights.

This procurement will be advertised on the beta.SAM.gov website as a brand name only, open market, requirement. Authorized resellers of the Princeton Tec products will be encouraged to submit a competitive quotation. The resultant contract is intended to be awarded as a one-time, firm-fixed price, purchase order.

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

The FTU requires the purchase of 710 Princeton Tec name brand, handheld tactical, black flashlights. The FTU is responsible for instructing new FBI Special Agents in the proficient use of firearms. This includes the use of firearms in low light and no light situations. The Princeton TEC, TEC2, Black Handheld Flashlight is the only United States manufactured and assembled flashlight which has met the testing requirements by the FBI’s FTU for use in low light or no light firearm training.

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 (c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” – Application for Brand Name.

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5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The key feature of the Princeton Tec, TEC2, Black Flashlight is it allows the operator the ability to utilize the light using the syringe, dagger and supported and unsupported techniques.

The flashlight is small enough to easily conceal when not needed and large enough to hold in the hand while using it with a handgun. It also has a strike bezel in the event the light needs to be used as a defensive weapon and meets the specific needs of the FBI Special Agent for low light and no light firearm training.

The specific characteristics of the Princeton Tec, TEC2, Flashlight that limit the availability to a brand name requirement are:

Power 250 Lumens Lamp 1 maxbright LED Burn Time 3.5 hours Batteries 2 CR123A Weight 120 grams Water Resistant IPX7 standard Lifetime Warranty Color: Black

Princeton Tec is uniquely qualified to provide these services to the FBI’s FTU, because Princeton Tec manufactures and assembles the Princeton Tec, TEC2, flashlight in the United States. In accordance with FAR Subpart 25.1 entitled “Buy American Supplies” - The Buy American statute restricts the purchase of supplies that are not domestic end products. There are several American weapon mounted flashlight manufacturers; however, those manufacturers assemble in the United States from imported parts.

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.

This requirement will be posted on the beta.SAM.gov website, as a brand name only, open market requirement. This announcement will give an opportunity for authorized resellers of Princeton Tec products to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information.

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.

The anticipated dollar value of this award shall not exceed $XX,XXX.XX. Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

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

Significant market research efforts conducted by the FTU include internet queues, speaking with various vendor representatives, and attending tradeshows. The FTU’s research efforts to consider alternative products revealed that there are no other U.S. manufactured and assembled handheld, tactical flashlights capable of meeting the FBI’s requirement. Market research indicated that other company’s similar products, or products lacking the specific characteristics of the TEC2 flashlight do not meet or cannot be modified to meet the agency’s needs.

Therefore, other manufacturers’ products do not meet the needs of the FBI. This market research revealed that there are several vendors available that offer the required Princeton Tec brand name equipment.

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

Please see section three (3) and five (5) above.

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

This requirement will be posted on the beta.SAM.gov website, as a brand name only, open market requirement. This announcement will give an opportunity for authorized resellers of Princeton Tec products to demonstrate their ability to meet the FBI’s specific needs through a submission their technical capabilities and cost information.

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

The actions of the FTU to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. The FBI will continually search the market in an effort to find viable competitors for this requirement in the future. Over time, additional sources may become available and identifiable through market surveys, trade shows, magazine articles, or other means. The ability to predict this possibility is difficult. Therefore, the barriers to competition they impose are impossible to avoid.