Redacted - Attachment 4 FAR Part 6 Justification for Other Than Full Open Competition (JOFOC).pdf

FAR Part 6 JOFOC for

United States Department of Justice, United States Marshals Service

Office of Procurement

FAR PART 15

Justification for Other Than Full and Open Competition

(Negotiated Procurements) This acquisition follows the procedures presented in FAR 6.3 as authorized by 41 U.S.C 3304

MIQ Request Number M-23-A32-R-001288 - Counter-Unmanned Aircraft System

Contract Specialist’s Name Christopher Cook

Contracting Officer’s Representative Christopher Graham

Description of the action being approved

This will be a new acquisition.

USMS anticipates the award of two Counter-Unmanned Aircraft System (C-UAS) This will be an open market Purchase Order, FFP Contract.

Anticipated Period of Performance Period of Performance will be 2/22/2024 – 2/22/2025 with an optional warranty from 2/22/2025 -2/22/2027

Estimated Total Value The total estimated value of the contract action is

Vendor’s / Brand Name D-FEND SOLUTIONS AD INC

Description of Supplies or Services

The vendor will provide the USMS with two D-FEND EnforceAir2 Systems with maintenance services and portal support services for the systems lifecycle which may extend past the period of performance as offered by the vendor. The vendor will also supply training for 6-10 personnel on the use of the detection system.

Indicate Statutory Authority for Contracting without Full and Open

Competition

Indicate which statutory authority permits the award of this contract without full and open competition.

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirement. (41 USC 3304(a)(1))

FAR 6.302-2 Unusual and compelling urgency. (41 USC 3304(a)(2))

FAR 6.302-3 Industrial mobilization; engineering, developmental or Research capability; or expert services. (41 USC 3304(a)(3))

FAR 6.302-4 International agreement. (41 USC 3304(a)(4))

FAR 6.302-5 Authorized or required by statute. (41 USC 3304(a)(5))

FAR 6.302-6 National Security. (41 USC 3304(a)(6))

FAR 6.302-7 Public Interest. (41 USC 3304(a)(7)) s

C-UAS technology systems that

Exclusive Licensing Counter-UAS (C-UAS) detection technology t

The D-FEND EnforceAir2 System :

Efforts made to Promote Competition Notice of Intent was posted on September 11, 2023 in SAM.gov for 15 days; providing interested parties an opportunity to participate.

Method for Determining Fair and Reasonable Pricing

In the absence of competition, explain how fair and reasonable pricing will be determined.

Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

Based on the above, the Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable.

Any Other Facts Supporting the use of Other Than Full and Open Competition

The USMS contacted numerous law enforcement components (FBI, FPS, CPB, USSS) to gather what C-UAS systems have been utilized and their opinions after testing and evaluation. These DHS and DOJ components have been testing these systems for over two years and created a list that meets the standards and qualifications. The USMS relies heavily on the testing and opinions of our partner federal law enforcement agencies.

Planned efforts to avoid future sole-source situations.

In future, USMS will continue to reach out to the Federal Law Enforcement community and industry for emerging technology and to ascertain what’s being deployed throughout the community.

Certifications and Approvals

Contracting Officer Representative’s (COR) Certification: In accordance with FAR 6.303-2(c), I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer’s Representative

Supervisory/Senior Contract Specialist Concurrence: In accordance with USMS Policy Directive 6.1, Section 7(c) I hereby concur with proceeding with this Justification for Other Than Full and Open Competition.

Supervisory Contracting Officer

Contracting Officer’s (CO) Certification and Approval: In accordance with FAR 6.303-2(b)(12) I hereby certify that the information provided in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer

Bureau Procurement Chief’s Concurrence:

Pursuant to JAR 2806.304(a) I concur with this Justification for Other Than Full and Open Competition.

USMS Bureau Procurement Chief

Competition Advocate’s Approval:

Pursuant to FAR 6.304(a)(2) I approve this Justification for Other Than Full and Open Competition.

Additionally, in accordance with FAR 6.302-2(d)(4) I hereby determine that the exceptional circumstances described above apply to this requirement.

USMS Competition Advocate and complete to the best of my

CHRISTOPHER COOK Digitally signed by CHRISTOPHER COOK Date: 2023.09.27 16:43:39 -04'00'