National Law Enforcement Telecommunication System, Inc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION National Law Enforcement Telecommunication System, Inc. (NLETS) Security Services Acquisition 1. Agency and Activity. Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation 2. Nature/Description of the Action Being Approved. FMCSA intends to enter into a sole source contract with National Law Enforcement Telecommunication System, Inc. (NLETS) for the provision of certain security-related data services. In particular, NLETS provides unique, single-point-of-entry access to international criminal justice data resources, and represents a potential, critical support tool in FMCSA's ability to conduct both safety and security enforcement activities at the roadside and in motor carriers' respective places of business. Drawing upon its many database records, NLETS would first provide FMCSA's Emergency Response and Security Section with immediate access to law enforcement information desperately needed for FMCSA to meet its Homeland Security requirements, and will soon thereafter also provide other designated FMCSA personnel (on a rolling basis) with direct, real-time access to various driver license, driver history and criminal history information, any one of which could prove vital in distinguishing simple safety violations from potential national security threats. The intended contract will be firm fixed-price with one (1) base year and four (4) one-year option periods, for a total of five (5) years. NLETS is a 501(c)(3) not-for-profit organization and is owned and governed by the states. 3. Description of Supplies/Services Required. As described immediately above, FMCSA requires real-time, consolidated access to a variety of state-exclusive security databases. FMCSA, in turn, intends to make such security information available to its investigative personnel on a progressively expanding basis. 4. Statutory Authority. 41 U.S.C. 253(c)(1) as implemented by FAR 6.302-2 (1) - Only one responsible source and no other supplies or services will satisfy agency requirements. This is a follow on previous award. 5. Rationale for Use of Authority Cited: Because of the inherently governmental nature of the security information possessed by NLETS and required by FMCSA, no commercial providers of equivalent data is current known. A previous Notice of Intent to award sole source was published in Federal Business Opportunity (FEDBIZOPPS) on September 27, 2007. There were no responses to the notice. 6. Efforts to Solicit Potential Sources. While the security data that FMCSA seeks is inherently governmental and is exclusively collected by NLETS, NLETS has permitted the Department of Justice (DOJ) to provide alternative access to such data through DOJ's Justice Telecommunications System (JUST). While FMCSA has analyzed the cost of gaining access to NLETS data through JUST on a per-transactional basis, FMCSA has concluded that unlimited direct access to NLETS data through the NLETS organization will be far more cost effective over the life of the relevant contract given the estimated transactional volumes FMCSA anticipates and from past experiences. 7. Determination of Fair and Reasonable Price. NLETS is a 501(c)(3) not-for-profit organization and is owned and governed by the states. The prices are determined to be fair and reasonable based on prices from previous contract. 8. Market Survey. FMCSA's efforts to identify commercial sources of NLETS-type data revealed no non-governmental data providers capable of providing both the depth and breadth of NLETS' offerings. Requirement was publicized on FEDBIZOPPS. 9. Additional Justification. None 10. Other Interested Sources. See items 6 and 8, above.