Justification.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION I PROCUREMENT SECTION

JUSTIFICATION .•~

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH (S7:1T£ AUTIIORIT), E.G .• 10 Us.c. 230-1(c)(l) OR -11USC 253)

Requisition Number: SHOP-PR-24-001265

Date: January 31. 2024 Estimated Contract Dollar Value: $59,977.00

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Tactical Trianing Unit (TTU), has prepared this justification for other than full and open competition for Police Safety Banners on behalf of the Tactical Training Unit (TTU). Training Division.

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

This Brand Name Justification document outlines the specific requirements and the reasons why the FBI's needs will only be met by procuring this specific brand over possible alternatives.

Unless otherwise stated, no other alternative items are acceptable.

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

The FBI has a requirement to obtain 1,638 Yellow DSM Police Safety Banners to be given to the New Agent Trainees. The specific DSM Police Banners are required with no substitution due "Police" in large reflective bock letters front and back for 360 degree visibility. This banner comes in a compact belt pouch that looks like a cell phone carrier.

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

The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) (or 41 USC 3304(a)(1)) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-l(c)(1) entitled, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements - Application for brand-name descriptions".

Requisition Number: SHOP-PR-24-001265 Version 1.0 Page 1 of8

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

As "Active Shooter" incidents are increasing across the United States, mUltiple local, state and federal agencies respond at the same time to these inciden'ts and this banner can immediately identify "Police" personnel. Ultimately, this banner can save lives, The banner comes in a compact belt pouch that looks like a cell phone carrier. It deploys quickly using only one hand. It is fluorescent yellow banner which identifies non uniformed or off duty officer in emergency situations. "Police" is in large reflective block letters front and back for 360 degree visibility. This helps prevent tragic friendly fire on blue-on-blue incidents, As "Active Shooter" incidents are increasing across the United States, multiple local, state and federal agencies respond at the same time to these incidents and this banner can immediately identify "Police" personnel. Ultimately, this banner can save lives.

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.

This item is a commercial product as it's available to other Law Enforcement Agencies. This product is only shipped to qualifying Law Enforcement and Security Personnel Agencies.

The two (2) quotes that were provided in the requisition can meet the requirement and provide the required brand name item.

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 the proposed acquisition is approximately $59,977.00. The Independent Government Cost Estimate (lGCE) was primarily based on the lowest quotation obtained by the customer. A determination of fair and reasonable pricing will be made based on the responses to the solicitation and established commercial pricing,

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

Market research was conducted by requesting quotes from various vendors found on the internet.

A total of two vendors were contacted and both vendors are considered small businesses. This item is commercially available to other Law Enforcement Agencies and not solely the FBI.

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

DSM Safety Products, Inc. is the holder of the patent on the DSM Police Safety Banners. The patent number is US #8, 191,748 and #8,356,737. DSM Safety Products Inc, created this banner, but has allowed other vendors to distribute this banner. This is not a sole source. This is a name brand item because no other company makes this product with "Police" banner with a belt pouch.

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

As mentioned above DSM Police Safety Products Inc. and ADS provided a quote for this product.

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

Until other brands are found that either meet or exceed the current brands' capability/utility then a competition barrier will remain.

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Reviews and Approvals (Not exceeding $650,000)

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.

I\)fullim. -;3 uJ~N- \\"0 I1dOO~ Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Requisition Number: SHOP-PR-24-001265 Version 1.0 Page 4 of8

Reviews and Approvals ($650,000 to $5,000,000)

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.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Reviewed and Approved by:

Competition Advocate:

Requisition Number: SHOP-PR-24-001265 Version 1.0 Page 5 of8

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

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.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Reviewed by:

Office of General Counsel:

Signature Date

Approved by:

Competition Advocate:

Requisition Number: SHOP-PR-24-001265 Version 1.0 Page 6 of8

Reviews and Approvals ($12,500,000 to $62,500,000)

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.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Reviewed by:

Office of General Counsel:

Signature Date

Competition Advocate:

Signature Date

Approved by:

Head of Contract Activity:

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Reviews and Approvals (Exceeding $62,500,000)

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.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Reviewed by:

Office of General Counsel -:

Signature Date

Competition Advocate:

Signature Date

Head of Contract Activity:

Signature Date

Approved by Senior Procurement Executive:

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