JOFOC_Overseas REGULA 27MAR SIGNED.pdf

SENSITIVE BUT UNCLASSIFIED

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION (OVERSEAS CONTRACTING ACTIVITIES)

1. I recommend that Embassy PANAMA use other than full and open competition for the acquisition of REGULA FORENSIC DOCUMENT SCANNERS. The estimated cost is $20,000 USD.

2. Nature and/or description of the action being approved.

This is a request to partially limiting competition to those companies that can provide the brand “REGULA FORENSICS INC”. This purchase is for ten (10) units of forensic document scanners.

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

The specific commodities to be procured are:

Description Manufacturer Qty Unit of Measure

Forensic Document Scanner, Model 7024M. 111-5A Basic SDK White + Infrared 870 nm + Ultraviolet 365 nm + Coaxial white Reader of radio frequency identification devices (RFID)

Regula Forensics INC 10 EA - Each

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is FAR, part 8.405-6 (b)(1) for “Limiting Sources.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited (for sole source acquisitions; also required for unusual and compelling urgency where more than one offer will not be solicited).

This request is in support of the Bureau of International Narcotics and Law Enforcement and Homeland Security’s Biometric Data Sharing Program (BDSP) that supports the exchange of biometric information between the Government of Panama’s Migration

Authority and the United States to improve regional security along the border, and at official or unofficial ports of entry to Panama, better identifying transnational criminal threats, and bolster U.S. national security through the identification of special interest aliens.

The BDSP Program utilizes the Universal Biometric Client “UBC” software which was configured to solely work with the manufacturer Regula Forensics INC’s forensic document scanner hardware and was implemented in the GOP Migration Authority office in early 2022. Utilizing another manufacturers hardware would require the investment of a development of existing software which includes change in source codes – communication + functionality tests, installation, implementation, and training of personnel.

The proposed contractor, Regula Forensics INC, is the exclusive brand-named manufacturer and support provider for the forensic document scanner. The proposed contractor, Regula Forensics Inc, is necessary to ensure interoperability, safety of information transfer, fair pricing, and compatibility with existing software at the Government of Panama’s Migration Authority operations.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a FedBizOpps notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in

DOSAR 605.202-70).

A sam.gov solicitation will be publicized with an invitation to a minimum of three (3) vendors and following all guidelines required for brand name use.

7. A determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

We anticipate that the cost will be fair and reasonable, as comparable past purchases have been completed and provides a good market price understanding. This request will be competed among all interested vendors that sell the brand name Regula Forensics INC.

8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

A market survey was conducted by requesting information from Regula Forensics INC and the company’s Health Tech Innovation, Government Scientific Source and Evident INC amongst a few others are approved distributors of the forensic scanners.

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

Not Applicable.

10. A listing of sources, if any that expressed, in writing, an interest in the acquisition.

Not Applicable.

11. A 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.

This J&A form will be published with the solicitation in accordance with FAR Section 13.501(a)(1)(iv) “…Sole source (including brand name) acquisitions … conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must … make publicly available brand name justifications with the solicitation …”, or at the discretion of the Contracting Officer.

CERTIFICATIONS

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

Date Jay Thompson INL Deputy Director International Narcotics and Law Enforcement

Requirements Office

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Date Contracting Officer US Embassy Panama