L3 HARRIS JOFOC (4).docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Part 6 Requisition Number: Insert Requisition Number

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH AUTHORITY 41 U.S.C. 3304(a)(1) Requisition Number: SHOP-PR-24-001973

Date: March 20, 2024 Estimated Contract Dollar Value: $137,400

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 Tactical Key Loaders (TKL) on behalf of the Security Operations Section (SOS), Security Division (SecD).

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

A one-time, sole source, firm-fixed price purchase order will be awarded to L3Harris Technologies, Inc. (Rochester, NY) for the purpose of procuring KIK-11 Tactical Key Loaders (TKL). A Notice of Intent (NOI) to Sole Source will be posted on the SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3Harris Technologies, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The FBI’s Central Office of Record (COR), Communications Security (COMSEC) Program provides oversight of the distribution and management of cryptographic material to secure voice and data transmissions in accordance with federal laws, regulations, mandates and policies; and, in accordance with Department and FBI policies and procedures.

The TKL is a handheld fill device that is used to download and store cryptographic keys that are used to secure FBI telecommunications equipment (e.g. Taclane, KG 250, KIV 7M, etc.). This device is used by the COMSEC Managers in the FBI’s 56 field offices and 50 HQ offsite locations. This device is paramount for the mission of the COMSEC program for secure communications for the FBI.

The TKL is able to interface directly with the Key Management Infrastructure System (KMI) when down loading key. The TKL has enhanced capabilities then the previous fill devices, such as, 1-button key squirt, device hold 40 keys, decrypts TrKek/Black key, and maintains audit trail, 5 button keypad, tempest and very user friendly.

The requirement is to purchase new TKLs at an estimated cost of $137,400. This will allow the CSO Program Management Unit/COMSEC Program to accomplish its mission of having a dependable device to download and transmit key to our internal and external customers to secure the crypto equipment.

Hardware/software provides replacement of failed or faulted hardware components or unit and software maintenance provide for improved function and availability.

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 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

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

L3Harris Technologies, Inc. is uniquely qualified to provide this product, as they are the sole National Security Agency (NSA) certified vendor to distribute this product. The requested TKLs are a NSA approved product that implements an Intelligence Community recognized capability for a controlled interface service, which is not available from any other vendor. Correspondingly, support from problem resolution and hardware maintenance is not available from any other vendor. Therefore, L3Harris Technologies, Inc. is the only company capable of providing the products that will satisfy agency requirements.

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.

A Notice of Intent (NOI) to Sole Source will be posted on the SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3Harris Technologies, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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 $137,400. 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 efforts conducted by the SOS included querying the internet, consultation with knowledgeable individuals within the Government and related industry, and reviewing other agency RFIs. These research efforts revealed that L3Harris Technologies, Inc. is the sole NSA certified vendor to distribute and maintain the requested products. Therefore, L3Harris Technologies, Inc. is the only company capable of providing the products required by the FBI.

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

Please see sections five (5) and eight (8) above.

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

A Notice of Intent (NOI) to Sole Source will be posted on the SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3Harris Technologies, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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 SOS 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.

Reviews and Approvals (up to $750K)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

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