Brand_Name_J A.pdf

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FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT

SECTION

JUSTIFICATION

Justification for Other than Full and Open Competition In Accordance With 41 U.S.C. 3304(a)(1)

Requisition Number:

Date: July 6, 2016 Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Science and Technology Contracting Unit (STCU), has prepared this “brand-name” justification for other than full and open competition for the purchase of digital microwave transmission replacement parts and upgrades on behalf of the Video Surveillance Unit (VSU), Operational Technology Division (OTD).

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

The proposed action is a “brand-name” justification that will be awarded as a firm-fixed price contract for the procurement of “Janteq” digital microwave transmission replacement parts.

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

The VSU has a requirement to purchase “brand-name” specific digital microwave transmission equipment in support of ongoing criminal investigations and intelligence gathering operations. VSU needs to acquire Janteq NEMO miniature video surveillance transmitters and receivers, classified as Mini-RF systems, similar to those used in VSU’s digital microwave surveillance platforms and infrastructure. Additionally, VSU needs to acquire these Mini-RF systems as required by the Middle Class Tax Relief and Job Creation Act of 2012, which requires federal agencies to vacate radio spectrum in the 1755-170MHZ band. The Federal Communications Commission (FCC) auctioned this spectrum to commercial industry. The Commercial Spectrum Enhancement Act (CSEA) as amended governs the transition planning process through which eligible federal agencies will recover their relocation or sharing costs from a portion of proceeds from the Advanced Wireless Spectrum 3 (AWS-3) auction.

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As service providers have increased costs or throttled bandwidths, VSU and other DOJ agencies were tasked to use the combined AWS-3 auction monies to develop an Adaptive Central Receive plan that would minimize reliance upon commercial services and the pitfalls associated with the services. The Central Receive project has been an ongoing initiative, and 15 Bi-Directional [meaning full control of edge devices (cameras and transmitters) through a management server] have been or are scheduled to be installed by VSU. Other DOJ agencies are installing the same or similar systems in agreed upon territories. While other Mini-RF systems do exist, no other Mini-RF system has the required bi-directional capability that the Janteq NEMO has, with the ability to be controlled and manipulated remotely.

In addition to the fact that the Janteq NEMO is the only COFDM DVB-T HD video miniature transmitter that has complete bi-directional communication, from RF parameters to camera control, that can immediately integrate into current and future ACRx metro areas, the NEMO also is the only COFDM DVB-T HD video transmitter with Wi-Fi egress and control, and dual streamed integrated HD cameras.

Equipment to be procured:

1. 429 Nemo S/C Band: JTN-SC-01

2. 29 Nemo UHF 915 MHz two wire IO board: JTN-UTW-915

3. 400 Nemo UHF 915 MHz DUAL Flex IO board: JTN-UTF-915

4. 858 720p FBI style cameras, including Flex: 520-0020001

5. 429 Nemo key fob remote control, 915 MHz: JTN-UKF-915

6. 283 FLIP LSC Receiver, inc. 915 MHz UHF remote: NBHDRX-LSC-915

7. 283 FLIP battery charger: NBHDRX-CHG

8. 283 FLIP battery pack: NBHDRX-BP1

9. 143 BRICK, LSC Receiver: SHDRX-LSC

10. 283 FLIP battery pack frame: NBHDRX-BPFRAME

11. 588 Flex Cable, Type 0, 6”: 500-0005006

12. 100 Flex Cable, Type 0, 9”: 500-0005009

13. 100 Flex Cable, Type 0, 12”: 500-0005012

14. 100 Flex Cable, Type 0, 18”: 500-0005018

15. 58 Two wire camera interface board: 320-13034

16. 429 HD dual camera termination board: JTN-HDPTB

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 USC 3304 (a)(1)

Requisition Number: Version 1.0 Page 3 of 8 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.”

In accordance with FAR 6.301-1(c)(1)(B) – use of “brand name” descriptions for this acquisition is essential to the Governments requirement, since this product is the only one the meets the governments requirements,thereby precluding consideration of a product manufactured by another company.

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

There is a defined amount of RF spectrum that all agencies must share together, Hundreds of millions of dollars across the agencies are being spent to establish this system with very specific requirements, but the first and foremost is transmitters introduced into the RF environment must be able to be controlled via a consolidated frequency management system.

Miniature (coded orthogonal frequency division multiplexing) COFDM (digital video broadcasting-terrestrial)DVB-T (high definition)HD video transmitters are a niche market, and there are only a few players. The market went through various consolidations and sell offs, with some companies choosing to chase the broadcast industry, while others pursued the military/law enforcement complex. Of those that remained in the covert surveillance market, there are several attributes that the respective miniature transmitters share that are useful to the Adaptive Central Receive concept(ACRx); small size, narrowband bandwidths down to 1.25MHz (which is one of the most important factors for all agencies to share the system), and H.264 encoding. However Janteq is the only manufacturer that currently provides a small transmitter that immediately integrates into the 15 bi-directional Central Receive Systems currently in place or scheduled for installation, while being future proof for any ACRx installation the FBI or any government agency will install. Indeed, the NEMO is the only transmitter that, with an additional firmware update for a fee (but no hardware replacement), can simulate an LTE network, which would allow even greater spectrum efficiency by allowing multiple NEMOs to communicate to a single intermediary node. The Janteq NEMO is the only concealment transmitter that has:

Bi-directional UHF:

The bi-directional capability of the NEMO is one of the most critical elements of the transmitter’s design and integration into VSU’s and DOJ’s ACR plan. The transmitter and all of its parameters can be massaged and manipulated remotely to provide the best video while minimizing interference with/from all other surveillance transmissions from other federal agencies. This means that DEA and the FBI could run simultaneous surveillances on separate targets within the same hotel in Las Vegas and never interfere with each other, with the end-users unaware that the ACR is manipulating the transmitter’s parameters to ensure precisely that.

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Integrated HD Cameras:

These integrated cameras attach to the transmitter via ribbon cable, which protect the footprint of the concealment transmitter. Moreover, as these cameras are integrated, the camera parameters such as iris control and painting can be conducted remotely via the UHF bi-directional back channel or the Wi-Fi egress. The NEMO with integrated cameras are used in a variety of custom concealments in which the Dual Streaming of the two cameras is maximized for optimal evidence gathering. It would cost millions of dollars to retro-fit concealments to fit other company’s transmitters, and millions more in engineering costs for companies to match Janteq's specifications.

Wi-Fi Egress:

Not only do Janteq NEMO transmitters egress via traditional and spectrally efficient controllable microwave S and C Band channels, they also egress via built in Wi-Fi. This is critical for a variety of reasons. Wi-Fi egress can be used as signal concealment for sensitive surveillances in which the target is trained to search for signature RF waveforms denoting an active surveillance; where-as Wi-Fi is everywhere.

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.

The Request for Proposal (RFP) and this approved J&A will be posted to FedBizOps (FBO), as required by Subpart 5.102(a)(6) and Subpart 6.305(c). Any responses to the publication will be assessed by VSU to determine wether the product can meet the FBI’s requirements.

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 Contracting Officer will conduct an analysis to determine the price is fair and reasonable. It is anticipated that the price to the government will be deemed fair and reasonable since the requirement will be posted to FBO for competition and there are two known vendors who will provide pricing.

8. A description of the market research conducted and the results.

VSU has been keenly aware of the limited manufacturers that exist in the niche covert video surveillance market, and has fostered relationships with as many vendors and manufacturers as possible. VSU purchased a variety COFDM digital video surveillance systems through multiple vendors, and spent time and engineering money attempting to solve the various compatibility

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What VSU specifically needs (the smallest COFDM HD video transmitter that dual streams two integrated HD cameras, completely controllable through a bi-directional back channel, not just to a standalone receiver but throughout the entire surveillance network to the frequency management system, whilst having the ability to stream Wi-Fi for confidence checking and parameter changes) no other manufacturer except for Janteq can provide.

The closest possible competitor, Domo Tactical, formerly Cobham, which had purchased and consolidated Global Microwave and DTC, currently sells as their smallest transmitter the SOLO7 Nano HD Transmitter. This transmitter is larger than the NEMO, consumes over twice the power of a NEMO, lacks the integrated HD cameras, lacks the required bi-directional control, and has no Wi-Fi egress as required by the FBI.

NuComm, who is now IMT, licensed the Campack and DR (Digital Receiver) designs in 2007 from fledgling company Janteq, with NuComm acting as reseller in the broadcast industry.

However, although Janteq and NuComm briefly shared a common architecture, Janteq’s engineering and design provided a far better product. While VSU purchased hundreds of small transmitters from IMT, they were never used as intended, as they grew far too hot and could burn the skin, and had to have massive heat sinks attached which made concealment impossible.

Much like Domo Tactical, IMT lacks the ability to provide VSU what only Janteq can; the smallest COFDM HD video transmitter that dual streams two integrated HD cameras, completely controllable through a bi-directional back channel, not just to a standalone receiver but throughout the entire surveillance network to the frequency management system, whilst having the ability to stream Wi-Fi for confidence checking and parameter changes.

OTD routinely attends trade shows targeted at law enforcement and Government surveillance markets. A major venue is the annual National Technical Investigators Association (NATIA), attended by law enforcement system and equipment suppliers with demonstrated technical and manufacturing capabilities commensurate with a wide range of FBI requirements.

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

The US Department of Justice contracted Janteq in a pilot program to build large area surveillance networks covering hundreds of square miles in different cities across the US. In addition, DOJ has approved other agencies to install Janteq designed Central Receive Systems within their agreed upon territories under the CSEA and AWS-3. These platforms utilize equipment exclusively engineered, produced, and procured from Janteq.

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These CRS’ were developed by Janteq to meet the needs of VSU’s departure from the L band spectrum caused by the spectrum relocation legislation. These systems provide metro-area surveillance coverage using both DVB-T microwave video and bi-directional IP data, which can then be ingested into the field’s Video Management Software (VMS). The systems are comprised of many individual components that work in tandem to communicate with and control remote edge devices, allocate spectrum and bandwidth in real-time depending on operational requirements, and minimize RF spectrum presence for shared use by multiple DOJ entities.

The Mini-RF systems being requested specifically support AWS-3 by improving upon the core design of what was previously bought while enabling the systems to be spectrally efficient by transmitting in narrowband 2.5 and 1.25 MHz channels promoting frequency sharing both for the FBI, and inter-agency. While inhabiting a smaller footprint, the transmitters being requested utilize a UHF back channel for command and control that can be managed from the flip receivers. In addition to being spectrally agile via remote control, the transmitter contains an SD card for recording time stamped video; and a Wi-Fi radio for egress, recorded file transfer, and command and control.

In addition, with DOJ approval, other agencies tasked to stand up Central Receive Systems in agreed upon cities will be purchasing Janteq equipment with AWS-3 funds. In the interest of our inter-agency cooperative agreement, these Mini-RF systems will be required in order to be compatible within those regions

Janteq is currently the only company that designs and fabricates transmitters and receivers compatible with the NMS Central Receive System allowing for full command, control, and automated response from field office to sharp end. These are the only transmitters and receiver that meet the requirements for the currently deployed and active surveillance platforms in support of all FBI investigative programs.

Dual band S/C bands up to 100mW Ultra low power consumption of less than 4 Watts DVB-T bandwidths of 5, 6, 7, and 8MHz, narrow bandwidths of 1.25 and 2.5 MHz

SD/HD H.264

Wide range of video formats and reduced frame rate modes Dual HD sensor support with QR code recognition for remote control Wi-Fi modes and Milestone NVR compatible streaming Time stamped file recording, and FTP file recording for Wi-Fi remote transfer VSU currently has concealment contracts in place (and thousands of concealments deployed to the field, such as iHomes, lamps, clock radios) in which molds are made for deep embedding with specific dimensions (12mm x 36mm x 44mm) provided to the manufacturer.

These dimensions are specific to the Nemo transmitter, and despite all of its enhanced functionality, the NEW Nemo transmitter is the only transmitter with the level of sophistication, spectral efficiency, and footprint available to meet VSU needs.

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

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Since the procurement has not yet been advertized, no other companies have expressed an interest either orally or in writing. If other companies respond to the FedBizOps (FBO) posting then their capabilities will be evaluated.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The VSU/OTD will continue to conduct market research to identify potential sources on subsequent acquisitions.

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Reviews and Approvals ($5,000,000 to $12,500,000)

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.

Reviewed by:

Office of General Counsel:

Approved by:

Competition Advocate: