FEDERAL BUREAU OF INVESTIGATION JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Justification for Other than Full and Open Competition In Accordance With 41 U.S.C. 3304(a)(1) Requisition Number: DJF-20-4750-PR-0003549 Date: March 23, 2020 Estimated Contract Dollar Value: 1. Identification of the agency and contracting activity. The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Professional Services Acquisition Unit (PSAU), has prepared this justification for other than full and open competition for Dataminr First Alert early alerting software on behalf of the Office of the Chief Information Officer (OCIO), Enterprise License Agreement Management Unit. 2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc. This action represents a new bridge contract, issued on a sole-source basis to Dataminr for purposes of continuing existing, mission critical software support. The planned contract type is firm fixed price. The FBI currently procures Dataminr First Alert software through Contract # DIF-17-1200P-0002894. 3. A description of the supplies or services required to meet the agency’s needs. The requirement is to continue use of for Dataminr's First Alert tool to avoid interruption during the current re-compete. The contract term will be a 30-day base period plus four 30-day options, for a maximum period of 150 days and approximately if all options are exercised. The OCIO manages the license agreement for Dataminr's First Alert capabilities on behalf of multiple FBI operational divisions This early notification enables FBI personnel to quickly respond . Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 1 of 5 4. The statutory authority permitting other than full and open competition. The statutory authority permitting other than full and open competition is 41 U.S.C.253(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. 5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. Dataminr is uniquely qualified to continue providing early alerting services to the FBI until a new contract is awarded. The FBI anticipates awarding a new contract for a commercial-offthe-shelf (COTS) tool during the period of performance of this bridge. This solicitation, Request for Proposals (RFP) # 15F06720R0000063, was posted on FedBizOpps on January 28, 2020 as a full and open competition. The FBI received and is currently evaluating proposals. The FBI’s current Dataminr contract ends on March 31, 2020, and all options to extend under FAR 52.217-8 and FAR 52.217-9 have been exhausted. Accordingly, to maintain critical early alerting support between March 31, 2020 and the new contract award, the FBI must execute a sole source bridge contract to the incumbent, Dataminr, for the following reasons: • The FBI is unable to competitively select, award a contract, and perform all required security reviews for a potentially brand-new early alerting tool before March 31, 2020. All required security reviews for Dataminr are already complete under the current contract. • Dataminr's First Alert tool has already been fully tested for compatibility with the FBI's current environment to ensure no break in critical early alerting services. 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 sole source justification and requirement will be publicized on FedBizOpps in accordance with FAR Subpart 5.2. The FBI has already employed full and open competition procedures for a tool, soliciting as many sources as possible by posting RFP # 15F06720R0000063 on FedBizOpps. Accordingly, the FBI does not plan to solicit additional sources for this shortterm bridge contract to maintain services until the future contract is awarded. The FBI anticipates completing its evaluation, security reviews, and testing during the period of performance of this bridge. Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 2 of 5 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 value of this bridge contract is approximately , if all options are exercised. The FBI Contracting Officer will assess Dataminr's bridge pricing for reasonableness based on a comparison with multiple years of historical pricing for the FBI's current Dataminr contract. Additionally, the FBI Contracting Officer will consider information gained from market research conducted as part of the acquisition planning process for the new social media alerting requirement solicited via RFP # 15F06720R0000063. The Contracting Officer will negotiate any pricing terms that appear unreasonable based on market research and historical records. 8. A description of the market research conducted and the results. As stated above in Section 7, as part of the acquisition planning process for the new requirement solicited via RFP # 15F06720R0000063, the FBI conducted extensive market research of existing tools. Based on responses to a Request for Information (RFI) on FedBizOpps, the FBI decided to compete its long-term requirement via full and open competition on FedBizOpps. For the bridge contract specifically, the FBI’s market research did not reveal any existing incumbent vendors with the requisite internal FBI security reviews and technical compatibility to ensure no break in service after March 31, 2020. Accordingly, despite the FBI’s extensive market research for the larger procurement, the FBI must rely on Dataminr, its existing vendor, for ongoing software support until a new contract is awarded. 9. Any other facts supporting the use of other than full and open competition. For the reasons stated in Section 5, Dataminr is the only company that can maintain critical early alerting support for the FBI between March 31, 2020 (when the FBI’s current contract ends) and the time when a new tool is competitively awarded. If the FBI does not have Dataminr’s early alerting services, its mission may be negatively impacted. The FBI relies on Dataminr to provide notifications of real-time incidents and . Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 3 of 5 10. A listing of any sources that expressed a written interest in the acquisition. As stated in Section 8, the FBI issued an RFI and an RFP for the FBI’s long-term requirement. The FBI is in the process of evaluating proposals in response to RFP # 15F06720R0000063. The FBI has not received written interest from additional vendors for the short-term bridge contract. 11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated. As stated above, the FBI has competitively solicited for a tool via RFP # 15F06720R0000063 posted on FedBizOpps. The proposed sole source bridge contract is only intended as a stopgap measure to avoid losing mission critical services between expiration of the current contract and award of the new contract. The FBI anticipates having this new contract awarded during the period of performance of this bridge. Once awarded, the FBI will no longer require the current bridge contract. Requisition Number: DJF-20-4750-PR-0003549 Version 1.0 Page 4 of 5 ?l WM 1 I 1 Requisition Number: Version 1.0 Page 5 0f 5