JA_-_POLYGRAPH_SYSTEMS_-_Kyiv_-_original_signed.pdf

PR6171289

SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS

FAR Part 13.501

1. Identification of the agency and the contracting activity:

Pursuant to 10 U.S.C. 3304 and in accordance with Federal Acquisition Regulation

(FAR) 13.501(a)(1)(i), the Office of Acquisition Management proposes to award a purchase with AXCITON SYSTEMS, Inc. on the basis of other than full and open competition for fifteen polygraph systems, on behalf of International Narcotics and

Law Enforcement (INL), American Embassy Kyiv, Ukraine. The total estimated cost is $107,750.00.

2. The nature and/or description of the action being approved.

Award of a new purchase order.

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

INL at Embassy Kyiv has a requirement to purchase fifteen full bundle polygraph systems, with an option to purchase up to 15 additional systems in 2017, for the pre-employment examinations and periodic personnel security screening processes of Law enforcement and NPU personnel. The total estimated priced of $107,750.00.

The polygraph exam will assess officers’ integrity, devotion to the country and its citizens, and possible past human rights violations. Due to deficit of professionally trained polygraph examiners, it is crucial that the purchased systems would comply with the training received by the current police and prosecutor polygraph examiners who are in charge of vetting and background checking of applicants and employees.

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

10 U.S.C. 3304 and FAR 13.501(a)(1)(i) sole source acquisitions; and the Bilateral agreement between Ukraine and the United States of America entitled “LETTER OF

AGREEMENT ON LAW ENFORCEMENT AND CRIMINAL JUSTICE SECTOR ASSISTANCE

BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE

GOVERNMENT OF UKRAINE” signed 13 March 2013.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

AXCITON SYSTEMS, Inc., Houston, TX, is a company that previously provided polygraph systems and relevant training for the former GUBOZ (currently KORD and

Internal Affairs Department employees) polygraph examiners from the National Police of

Ukraine and polygraph examiner from the National Anticorruption Bureau of Ukraine.

As this is the only polygraphing system used by The National Police of Ukraine and specifically, KORD and International Affairs Unit, and the only system Ukrainian LEA’s http://ilmsariba.state.sbu/Buyer/Main/aw?awh=r&awssk=ea5M personnel are trained and certified to use, AXCITON is the only provider that meets our requirements.

Additionally this polygraphing system, currently used by the National Police of Ukraine, received positive feedbacks and needs to be procured for the purpose of uniformity of

LEA polygraphs examination methodology, trainings and equipment.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, include whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

AXCITON SYSTEMS, Inc. is the only provider in Ukraine that meets our requirements.

A notice was and will not be publicized as AXCITON is the manufacturer and distributer of the items required, and there are no authorized distributors of Axciton products other than Axciton Systems Inc. Houston, TX.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

Given the nature of this requirement, market research was conducted for the purpose of establishing price reasonableness. Market research was conducted by the INL section, comparing Axciton’s prices to those of other vendors, and it was determined that Axciton offered lower prices than others, and included customization costs and other potential expenses with the shortest delivery term on the market. Additional discount and free training for equipment usage was also proposed. Thus, it has been determined that the anticipated cost to the Government is fair and reasonable.

8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted.

A market survey was conducted for this requirement by INL. The AXCITON SYSTEMS

Inc. is the same company that previously provided polygraphing systems and respective training to the MOI of Ukraine and the examiners in its hire.

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

INL has previous positive experience working with Axciton in 2015 and 2016 when purchasing and customizing polygraphs for the selection and background checking of

MIA employees. The vendor’s ability to expeditiously provide a tailored, quality product supports our strong preference to continue working with Axciton on such projects.

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

AXCITON SYSTEMS, INC, Oksana Stevenson, oksana@axciton.com, tel: +1-713-789-8245, fax: +1-713-789-8327 mailto:oksana@axciton.com

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

This J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR 13.501(a) (1) (iii) within 14 days of award.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION AQM QA Plan

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

SIGNATURE:

Original signed

Christopher Smith Date

INL Director

US Embassy Kyiv, Ukraine

CONTRACTING OFFICER CERTIFICATION AQM QA Plan

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

Damian Richard Date

Contracting Officer

Office of Acquisition Management

(A/LM/AQM – RPSO-FR)

APPROVALS

Gillian Atkinson

Branch Chief

RPSO

Date