OM JOFOC.pdf

Requisition Number: DJF-21-2200-PR-0001548

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FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND

OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (1)

Date: May 6, 2021

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 for the procurement of fifty sacrificial diopter lenses (GPG-016-A3) for quad tube night vision goggles (GPNVGs), and NVG repairs and maintenance on behalf of the Hostage Rescue Team (HRT), Critical Incident Response Group (CIRG).

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 contract shall be awarded to L3 Technologies, Inc.

(Londonberry, NH) for NVGs and the repairs and maintenance of the NVGs. A Notice of Intent to sole source will be posted on beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue and award to L3 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 requirement is to provide fifty (50) sacrificial diopter lenses for GPNVG quad tube at an estimated total cost of $X,XXX.XX. Due to a lack of current inventory, the current “scratched/unserviceable” lenses cannot be replaced. Heavily scratched lenses make the NVGs less capable. These lenses must be meet the following specifications:

Snap-on assembly -0.05 Tan

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A direct replacement for the original equipment.

The requirement is to provide replacement parts, maintenance, and repair services at an estimated cost of $XXX,XXX.XX. This will allow HRT to maintain its existing NVGs throughout the year in the event any set is damaged or fails to work properly. These NVGs are mission essential equipment for an HRT operator to perform his job.

HRT has purchased 150 sets of Ground Panoramic NVGs (GPNVG), 26 sets of PVS-31 NVGs, and six sets of BNVD-1531 NVGs through L3 Technologies. These items need to be maintained when they break or malfunction after the one-year warranty period expires. L3 Technologies, Inc. is the only company authorized to repair or perform maintenance on the NVGs.

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) (or 10 USC 2304(c)(1)) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “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 is the only manufacturer of HRT’s NVGs and the only contractor authorized to perform warranty and maintenance services on the equipment.

HRT currently has multiple sets of NVGs that are inoperable and are in need of assessment/repair.

This procurement will provide HRT a timely way to fix unserviceable NVG equipment. HRT utilized the full purchase order allocation from FYs 15 to 20 and still has additional sets of NVGs in need of repair. This procurement will continue to provide a mechanism for HRT to obtain timely and consistent repairs to mission essential NVGs. In addition, L3 Technologies, Inc. is the only company authorized to repair or perform maintenance on the NVGs.

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 beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3 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.

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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 $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.

Market research for the required maintenance determined L3 Technologies, Inc. is the sole repair/maintenance contractor authorized to work on HRTs NVGs. L3 Technologies, Inc.

fabricates all the components of the NVGs in-house and does not contract any repair/warranty work outside of L3 Technologies, Inc. Many of the aspects of HRTs existing inventory of NVGs are proprietary, in that L3 Technologies is the only authorized vendor for both repairs/maintenance and replacement parts.

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

Please see section five (5) 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 beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to L3 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 HRT 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.