JOFOC - L3 - 0000746.pdf

Requisition Number: DJF-20-1300-PR-0000746 Version 1.0 Page 1 of 3

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION

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

AUTHORITY 41 U.S.C. 3304(a)(1)

Requisition Number: DJF-20-1300-PR-0000746

Date: 3/17/2020 Estimated Contract Dollar Value: $XXX,XXX.XX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition to acquire Binocular Night Vision Devices (BNVDs) on behalf of the Fly Team Unit (FTMU), Counterterrorism Division (CTD).

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 L3 Technology name brand BNVDs. This procurement will be advertised on the beta.SAM.gov website as a brand name only, open market requirement.

Authorized resellers of L3 Technology 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 FTMU requires the purchase of twelve (12) L3 Technology name brand, compact, lightweight, dual-tube night vision goggles with white phosphor for increased visibility and target detection.

The FTMU requires unit gear and equipment to help maintain its operational ability and security while forward deployed to austere environments, both nationally and abroad. There is a yearly requirement to not only outfit new incoming FTMU Special Agents, but to ensure that gear and equipment received by current Special Agents is maintained or replaced as it becomes worn, damaged or destroyed. FTMU maintains a steady deployment relationship with various Intelligence Community (IC) and Department of Defense (DOD) partners. There is a requirement to maintain a level of preparedness that begins with how deployed Special Agents are equipped to handle situations and operations that are encountered overseas.

Requisition Number: DJF-20-1300-PR-0000746 Version 1.0 Page 2 of 3

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.

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

A review of the current night vision goggle technology available has identified the AN/PVS-31 BNVD series as the best cost and quality to the Federal Bureau of Investigation. The AN/PVS-31 BNVD is a compact, lightweight, GEN III dual tube goggle with an ergonomic low-profile design and offers superior situational awareness compared to other single tube models.

Multiple other features lead FTMU Program Management to believe that the AN/PVS-31 BNVD system is the best for completing its mission; such as, the manual system gain and focus adjustments for custom image quality, the rotating binocular design allows for a lower profile against the helmet when in the stowed up-right position, auto-off function when stored which will restore power when goggles are deployed again, LED indicators in the left and right monocular indicate when 10 or less minutes of battery life are left and replaceable/ upgradeable tube assemblies ensuring that the system will evolve with upgrades in night vision technology.

The twin-tube design provides against potential field failure or damage. Should a tube become damaged, the NV/PVS-31 BNVD can be used as a monocular goggle for the dominate or non-dominate eye by rotating either left or right optics into a solid position.

L3 Technology worked directly with Special Operations Forces to increase the AN/PVS-31 system’s resolution, significantly reduce head weight, improve system center of gravity, provide additional operational utility and improve overall situational awareness as compared to the currently fielded systems.

L3 Technology is the manufacturer of the requested item; however, other vendors, Atlantic Diving Supply (ADS) and Tactical Night Vision Company (TNVC), sell L3 product.

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 L3 Technology 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.

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

Requisition Number: DJF-20-1300-PR-0000746 Version 1.0 Page 3 of 3

The anticipated dollar value of this award shall not exceed $XXX,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.

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

Significant market research was conducted identifying potential vendors to meet the requirements of Fly Team Program Management. Efforts conducted by CTD FTMU include requesting information from sources identified within the industry; and previous experience with the product within destination environments. The CTD’s research efforts to consider alternative products revealed that there are no other BNVDs capable of meeting the FBI’s requirement for the FTMU’s equipment necessary to remain on mission. 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 L3 Technologies, Inc. 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 L3 Technologies, Inc. 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 CTD to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. Over time, additional sources may become available and identifiable through market surveys, trade shows, magazine articles, collaboration with other Federal agencies, or other means. The ability to predict this possibility is difficult. Therefore, the barriers to competition they impose are impossible to avoid.