Sole Source Justification Digital Spec-ISG Signed_7192024_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR PART 6

November 2022 1

Identification Number (purchase request/solicitation number): D-24-IG*

1. Identification of the agency and contracting activity.

A. Agency: Drug Enforcement Administration (DEA)

B. Contracting activity: Office of Acquisition and Relocation Management (FA)

C. Requiring activity: Office of Security Programs (IS)

2. Nature and/or description of the action being approved.

DEA – FA intends to issue a Sole Source, Firm-Fixed Price (FFP) contract to Empire Technology Systems. This is a non-personal services contract to provide maintenance and support for the existing Polygraph Support Unit (ISG) polygraph software application to support the DEA’s ISG. Herein, the software/hardware and polygraph enterprise system will be referred to as PolyNet. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government. To counter the circumstances that infer personal services and to preserve the non-personal nature of the contract, the contractor shall adhere to the guidelines contained in the Statement of Work (SOW).

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

The objective of this contract is to support ISG in maintaining the Polygraph Enterprise System (PES) architecture to facilitate the efficient and effective processing of polygraph specific information. Contractor shall be responsible for all aspects of support for Polygraph Case Management System (PCMS) to include full operation and maintenance (O&M), plus funded minor enhancements. Support for Polygraph Case Management System (PCMS) to include full operation and maintenance (O&M), plus funded minor enhancements. The contractor is responsible for ensuring the quality of the software and associated documentation that it delivers. Sufficient unit, system, and regression testing of new and modified software and changes to configuration settings are required to ensure the successful operation of PCMS prior to User Acceptance Testing (UAT) or deployment into production. In the performance of its software maintenance activities, the contractor shall adhere to the DEA processes for event, incident, problem, and change management, as well as to the DEA processes, policies, and procedures for security management.

Period of performance: The period of performance is one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance is as follows;

Base: 09/30/2024 - 09/29/2025 Option One: 09/30/2025 - 09/29/2026 Option Two: 09/30/2026 - 09/29/2027 Option Three: 09/30/2027 - 09/29/2028 Option Four: 09/30/2028 - 09/29/2029

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

Check the appropriate box. Only one box may be checked.

41 U.S.C. 3304(a)(1) and FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements”

November 2022 2

41 U.S.C. 3304(a)(2) and FAR 6.302-2 “Unusual and compelling urgency”

41 U.S.C. 3304(a)(3) and FAR 6.302-3 “Industrial mobilization; engineering, developmental, or research capability; or expert services”

41 U.S.C. 3304(a)(4) and FAR 6.302-4

“International agreement”

41 U.S.C. 3304(a)(5) and FAR 6.302-5 “Authorized or required by statute”

41 U.S.C. 3304(a)(6) and FAR 6.302-6

“National security”

41 U.S.C. 3304(a)(7) and FAR 6.302-7 “Public interest”

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

The Polygraph Enterprise System (PES) is a propriety system designed and maintained by DigitalSpec, current awardee, who is now a subsidiary to Island Empire Technology Systems. Therefore, there are no other vendors in the market who can maintain, operate, or update PES. Furthermore, there are no other vendors available who make a similar polygraph case management system.

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.

As previously mentioned, PES is a proprietary product. Only DigitalSpec, a subsidiary to Island Empire Technology Systems can maintain, operate, and upgrade this system. Furthermore, Island Empire Technology Systems is currently the only vendor even providing such a product with the necessary features and inter-department database integration capability.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pricing will be determined fair and reasonable In Accordance With (IAW) FAR 13.106-3(a)(2)(ii)

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

Contract Specialist, Kenny Douangmala posted a special notice to SAM.GOV on 25 July 2023 through 1 August 2023 of the Governments intent to issue a sole source award to Island Empire Technology Systems /DIGITAL SPEC a subsidiary to Island Empire Technology Systems. No other vendors responded to the notice in interest or provided capability statements.

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

November 2022 3

i. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

As previously mentioned, PES is a proprietary product. Only Island Empire Technology Systems can maintain, operate, and upgrade this system. Furthermore, Island Empire Technology Systems is currently the only vendor even providing such a product with the necessary features and inter-department database integration capability.

ii. When 41 U.S.C. 3304(a)(1) is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

Substantial duplication of cost to the Government would occur if full and open competition were available based on the Governments current and continued investment in PES. However, due to the complexities and proprietary rights held by Island Empire Technology Systems, competition is not available.

iii. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

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

No other sources expressed interest to the special notice posted on 25 July 2023 through 1 August 2023.

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

A proprietary product held by Island Empire Technology Systems who has the knowledge and capability to maintain, operate, and upgrade PES creates several barriers on promoting competition. All of which is integrated in providing data and upon improved data as upgrades are applied. To remove this barrier to competition, the Government would need to reinvest into a new product and configure current and future uses of the application. As a result, the Government would lose its investment in development into Island Empire Technology Systems.

. The Government could anticipate higher costs due to the unknown-unique characteristics and features PES currently provides.

Another evaluation method is to buy all rights to PES from Island Empire Technology Systems, however the costs to procure would be far greater than procuring the services to maintain, operate, and upgrade with Island Empire Technology Systems. The Government will continue to evaluate potential sources and products through market research to elevate burden and costs of a sole source acquisition to the Government.

CONTINUED ON NEXT PAGE

November 2022 5

REVIEWS AND APPROVALS

Competition Advocate ____________________________________ Date _______________ (if over $750,000) Signature

Chief, FAC ____________________________________ Date _______________ (if over $750,000) Signature

Bureau Procurement Chief (if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________ Date _______________ Signature