Justification FY20-00353.pdf

J&A No.: FY20-00353

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Justification &Approval (J&A) Justification For Other Than Full And Open Competition

41 U.S.C. 3304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security, Federal Protective Service Acquisition Division, proposes to enter into a contract on a basis other than full and open competition to procure a secure electronic messaging system which provides information services support for a number of justice related applications, and provides an international computer-based message switching system that links together state, local, and federal law enforcement and justice agencies with the National Law Enforcement Telecommunications Systems, Inc (NLETS).

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

DHS intends to procure on a sole source basis a five year contract for a firm-fixed price contract for a system that provides information services support for a number of justice related applications, and provides an international computer-based message switching system that links together state, local, and federal law enforcement and justice agencies.

The proposed vendor is:

National Law Enforcement Telecommunications Systems, Inc (NLETS)

1918 W. Whispering Wind Drive Phoenix, AZ 85085-1867

3. Description of Supplies/Services.

FPS requires a law enforcement telecommunications system with dual roles, providing two basic capabilities to its users:

• The system shall act as an international computer-based message switching system that links together state, local and Federal law enforcement and justice agencies for the purpose of information exchange.

• The system shall provide information services support for a growing number of justice-related applications.

The user population shall be composed of all the states/territories, all Federal agencies with a justice component, and selected international agencies, all cooperatively exchanging data.

The estimated period of performance will be 10/01/2020 – 9/30/2025. The contract will have a base period of 12 months and have four 12-month option periods. The total amount of the contract is $270,000.00.

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Period Time Frame Amount Base Period 10/01/2020 – 09/30/2021 $62,400.00 Option One 10/01/2021 – 09/30/2022 $84,420.00 Option Two 10/01/2022 – 09/30/2023 $86,108.40 Option Three 10/01/2023 – 09/30/2024 $87,830.52 Option Four 10/01/2024 – 09/30/2025 $89,587.20 Total $410,346.12

4. Identification of 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) pursuant to FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the nature of the acquisition requires use of the authority cited.

NLETS is the only known authorized and approved provider of law enforcement information including criminal histories, driving records, and warrant information. NLETS is a 501(c)(3) not-for-profit organization and is owned and governed by the states and participating Federal agencies. NLETS will provide a secure environment, approved by all law enforcement agencies operating in the United States, Interpol, and Canada, for information sharing to include intelligence, driving records, criminal histories and first responders to keep Americans safe and secure.

NLETS provides two basic capabilities to its users. First, it is an international computer-based message switching system that links together state, local, and federal law enforcement and justice agencies for the purpose of information exchange. Second, it provides information services support for a growing number of justice related applications.

The user population is composed of all the states/territories, all Federal Agencies with a justice component, and selected international agencies, all cooperatively exchanging data. The types of data being exchanged vary from motor vehicle and driver’s data, Canadian “Hot File” records, and immigration databases to state criminal history records. Over 34 million messages are exchanged each month.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

DHS intends to make this justification publically available pursuant to FAR 6.305 on FedBizOpps on 9/10/2020. This requirement has also been posted under the Acquisition Planning Forecast System – F2020028395.

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

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NLETS is a not-for-profit organization. With the exception of one infusion of Federal funds in 1973, the primary revenue to operate NLETS is through membership duties. The voting members, who include the Federal Protective Service, determine the yearly rates. The rates have not changed since 2008.

8. Description of market research.

Market research was conducted, including a review of the history for the requirement. Based on a review of the records going back to FY07, another vendor for these services has not been identified. This requirement has been posted on www.FBO.gov and APFS on several occasions.

NLETS is the only vendor that has expressed an interest in this requirement or has received an award for these services.

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

NLETS is utilized by all states, the military, federal law enforcement agencies and several law enforcement agencies outside of the US. Operating without NLETS would impede the exchange of timely and accurate information from the officers and agents of the Federal Protective Service conducting law enforcement operations. This would increase to risk to the officers and agent as well as the federal facilities that they protect.

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

No vendor has expressed an interest in the current requirement. NLETS has expressed interest under prior requirements for these services.

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 supplies or services required.

FPS will continue to conduct market research to determine/verify if there are other sources available.

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date http://www.fbo.gov/

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14. Contracting Officer’s Certification and Approval. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer: Not exceeding $650K Date