Allbyte Justification_Redacted.pdf

ANNEX 1 - JUSTIFICATION AND APPROVAL

J&A No. 21-006

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. Fleet Logistics Center, Pearl Harbor

2. Description of the Action Being Approved.

Cargo trade database software licenses for Joint Interagency Task Force West (JIATFW).

3. Description of Supplies/Services.

JIATFW requires quantity of five (5) "Allybte" licenses to be delivered no later than 30- September-2021, be valid for 12-consecutive months, and provide the following minimum specifications in a cargo trade database:

(1)- Commercially available (import/export) trade data sources relevant to the chemical and pharmaceutical industry, specifically listed chemicals and chemicals on a TIER watch list under the Controlled Substances Act. Require access to countries globally with an emphasis on China, India, and Mexico;

(2)- Data source that has key data elements to include: Container number, Final destination, Load port country, Estimated time of departure, Transshipment, Freight forwarder address, Estimated time of arrival, Consignee name, Load port city, Bill of Lading number, Consignee address, Discharge port city, Booking number, Shipper, Discharge port country, Weight, Shipper address, Delivery City, Cargo description, Notify party name, Delivery Country, Harmonized System (HS) Code, Notify party address, Vessel name, and Freight forwarder name;

(3)- Data primarily on Harmonized System (HS) codes associated with chemicals and from HS Chapters 28 and 29. Chapter 28 consists of Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes, and Chapter 29 consists of Organic chemicals;

(4)- Data source to provide coverage on global carriers with an emphasis on the following: APM (MAERSK), MSC (Mediterranean Shipping Company, COSCO (China Ocean Shipping Company), CMA-CGM (http://www.cma-cgm.com/), Hapag Lloyd, ONE (Ocean Network Express, Evergreen Line, Yang Ming Marine Transport, Hyundai Merchant Marine, PIL (Pacific International Line);

(5)- Data on countries globally with an emphasis on China, India, and Mexico that is available in near-real time, or no more than 8-10 days of lag time.

The Government estimates the dollar value for Allbyte licenses is . The customer has indicated the availability of Fiscal Year 2021 funding.

4. Statutory Authority Permitting Other Than Full and Open Competition. 10 U.S.C.

2304(c)(1), One Source or Limited Sources.

5. Rationale Justifying Use of Cited Statutory Authority.

Market research has identified that there are multiple vendors that can provide most of the required minimum specifications referenced above in a cargo trade database; however, market research identified that only the brand name "Allbyte" is able to provide all of these minimum specifications as well as data on countries with no more than 8-10 days of lag time. This specification is vital to JIATFW mission because this command utilizes cargo information in near real time to identify when shipments (containers) are departing and arriving at a specific location, that could possibly contain illicit goods or drugs before the containers arrive at the final destination, so that this information can be passed along to the command's partner organizations before arrival. If data on countries is not available within 8-10 days of lag time, then there could be a high probability of illicit shipments arriving at the final destination before the command is even aware of it. Recent market research performed on 29-June-2021 through the websites of other cargo trade databases such as Datamyne, ImpExp, and XportMine, and the results showed that all of them are only able to provide data within 30 days of lag time. This amount of lag time is insufficient for JIATFW, as shipments would have already left its original destination and arrived at its final destination by the time the command is aware of the shipment. In an email and letter dated 24-June-2021 from Allbyte President Maria De Mendiburu, NTELX was identified as the sole authorized vendor for this specific requirement, and that Allbyte and NTELX are partners and have an exclusive teaming agreement.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

In addition to the recent market research performed referenced above, Contract N0060420F4023 was issued to provide a data survey to search for commercial and public providers of specific shipping data requirements from August through December 2020 for JIATFW. The results of this survey concluded that Allbyte received the highest overall rating based on a criteria similar to the minimum specifications referenced above, which included providing data within an 8-10 day lag time, whereas other databases could not. To verify that this information is still accurate, JIATFW performed the recent market research referenced above on 29-June-2021 of the other high rated companies identified in the data study, Datamyne, ImpExp, and Xportmine which all are only able to provide data with a one month lag time. JIATFW also received an updated market research quote from NTELX also dated on 29-June-2021, referencing the 8-10 day lag time.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supply covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For future procurements, market research will be performed by the end user and the Contracting Office to determine if new entrants to the market place are capable of providing the services required in accordance with the minimum characteristics specified. Should market research results indicate the presence of additional firms capable of providing the required services with the required lag time of 8-10 days, the requirement will be competed to the maximum extent practicable.