SAM-justification for Other than Full and Open Competition-Deister Electronic.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

SHOP-PR-24-000912 Version 2.6 Page 1

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

Requisition Number: SHOP-PR-24-000912

Date: 01/02/2024

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Financial Management Unit (FIN), Information Technology Acquisition Unit (ITAU) has prepared this justification for other than full and open competition for Flexx II 12U and 3U cabinets and software upgrades on behalf of the CJIS Division.

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

Requesting soul source for the purchase of Proxsafe Flexx II 12U and 3U cabinets and software upgrade adding to the existing key cabinet program used to house Bureau vehicle keys. Deister Electronics USA, Inc. is the sole subsidiary of Deister Electronics GmbH, global manufacturer of the “proxSafe” key management system, which includes both the hardware and related components, as well as the Commander Software which is proprietary to Deister Electronics, USA, Inc. Deister Electronics USA, Inc. is solely authorized to distribute the “proxSafe” key management system products within the United States and North America.

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

The requirement is to upgrade the key management system and add additional key cabinets. The software will be upgraded to the current version adding extended reporting capabilities and licensing of additional key cabinet locations to manage bureau vehicle and equipment keys.

Estimated total cost of Period of Performance 06/01/2024-06/01/2025.

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

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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The statutory authority permitting other than full and open competition is FAR 16.505(b)(2)(i)(B)

- “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

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

Deister Electronics USA, Inc. is the sole subsidiary of Deister Electronics GmbH, global manufacturer of the “proxSafe” key management system, which includes both the hardware and related components, as well as the Commander Software which is proprietary to Deister Electronics, USA, Inc. Deister Electronics USA, Inc. is solely authorized to distribute the “proxSafe” key management system products within the United States and North America.

They have the proprietary software needed to work with the current key management system enabling the FBI to add key cabinets in multiple locations that allows employees to have 24-hour access to the bureau vehicles and equipment utilized for official business. Due to the fact that this is proprietary, the only other way would be to completely replace the entire system, which would outweigh the cost of renewing what we currently have.

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.

Market research was completed by using NASA SEWP to search for interested vendors that could supply Flexx II 12 U Key cabinet for 32 keys, Flexx II 3U Key Cabinet for 8 key tags, software upgrade to support two current and two additional key cabinets, software care plan, all report extensions, and services for remote system. There were no interested vendors, Deister Electronics provided a sole source justification letter stating, “This letter will serve to confirm that Deister Electronics USA, Inc. is the sole subsidiary of Deister Electronics GmbH, global manufacturer of the “proxSafe” key management system, which includes both the hardware and related components, as well as the Commander Software which is proprietary to Deister Electronics, USA, Inc. Deister Electronics USA, Inc. is solely authorized to distribute the “proxSafe” key management system products within the United States and North America.”

Based on FAR Subpart 5.2. a notice of this acquisition will be publiziced.

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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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 amount for this one-time purchase of these requirements is based on previous contracts this price is fair and reasonable. The contracting officer will determine pricing fair and reasonable at the order level. Award will be made on a PASS/FAIL for Technical acceptability and fair and reasonable price.

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

Deister Electronics USA Inc owning the proprietary software required to update the key management system with additional key cabinets. Other companies such as may offer similar products. However, if purchased from another company the cost would greatly increase due to the required purchase of software license and key boxes for four locations instead of two. In addition, the transfer of data from one system to another would need to be contracted to the new supplier to move from the current established system to the new system, this may also cause downtime for the changeover, and clearance to get approval to use a new software program on the FBI systems.

It is recommended that Deister is procured due to the additional software and installation cost procuring an electronic key cabinet from would incur.

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

N/A

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

No other companies expressed an interest either orally or in writing.

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

The FBI will continue to assess its current solution and the marketplace to determine if it is technically and fiscally feasible to utilize another competitors’ software/services in a cost-effective manner to replace what is currently in place without introducing excessive performance, schedule, security, and cost risks to the current environment.