Russian language X-Ray Simulation Software and Training

JUSTIFICATION AND APPROVAL TO PROCEED USING OTHER THAN FULL AND OPEN COMPETITION 1. Identification Of The Agency And The Contracting Activity The U.S. Department of State, Office of Acquisition Management, Regional Procurement Support Office (RPSO) in Frankfurt, Germany, is conducting this proposed acquisition on behalf of the U.S. Embassy's Export Control and Related Border Security (EXBS) Office in Bishkek, Kyrgyz Republic. I recommend that EXBS Bishkek use other than full and open completion procedures for the acquisition of Russian language X-ray scanner simulation training software and training courses, as described below. These materials and services will be provided by EXBS Bishkek to the Kyrgyz State Customs Service under an ongoing U.S - Kyrgyz partnering program. The estimated cost is $173,600.00. 2. Nature And/Or Description Of The Action Being Approved The proposed action is to approve the award of a contract/purchase order using other than full and open competition procedures for the procurement of Russian language SIMFOX x-ray image analysis training software, training courses, and training materials to the company RENFUL Premier Technologies, which is currently the only known company that has developed, and is able to provide, the required software, user manuals, course materials, and classroom training in the Russian language. As a part of the proposed acquisition, the proposed contractor will be required to provide two student training courses to a total of ten (10) members of the Kyrgyz State Customs Service, one 5-day/40 hours "SIMFOX Utilization Training Course" and one 5-day/40 hours "Predictive Profiling Training Course". These courses shall be conducted by the proposed contractor in contractor-provided training rooms in Budapest, Hungary. The contractor will also be required to provide accommodation in Budapest for the ten (10) course participants, for the duration of the training courses. After completion of the training, the contractor will be required to transfer all software equipment and materials to the Kyrgyz State Customs Service in Bishkek, Kyrgyzstan. 3. Description Of The Supplies Or Services Required To Meet The Department's Needs The Kyrgyz State Customs Service (SBS) in the Kyrgyz Republic requested the U.S. Embassy's Export Control and Related Border Security (EXBS) program to support their infrastructure by providing x-ray image analysis software for their computer training laboratory as well as the necessary training materials and support documentation, and two 40 hour "Software Utilization" and "Predictive Profiling" training courses in the Russian language. The SIMFOX x-ray training simulation software, which was developed by the proposed contractor, the U.S. company RENFUL Premier Technologies, and this company's unique ability to not only provide the required software and equipment, but also to provide a suitable training facility and student accommodation in Budapest, Hungary, where the training needs to be conducted, as well as course materials and classroom instruction in the English language. The supplies and services proposed to be procured from RENFUL also include the necessary software licenses, set-up, configuration, and installation of the software, and 1-year maintenance. RENFUL is currently the only known source that has the capacity to provide the necessary software, as well as the required training, training materials, and documentation in the Russian language for the Kyrgyz State Customs Service Training Center. 4. Identification Of The Statutory And Reglatory Authority Permitting Other Than Full And Open Competition 41 U.S.C. 3304(a)(1), FAR 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements. 5. A Demonstration That The Proposed Contractor's Unique Qualifications Or The Nature Of The Acquisition Requires Use Of The Authority Cited According to information from the U.S. Embassies Bishkek, Kyrgyzstan, and Astana, Kazakhstan, who have recently conducted informal market surveys, the proposed contractor is the only company that has developed a Russian language version of the required training software, and pertaining Russian language training materials. Further, according to EXBS, RENFUL's software is the only known product that is compatible with all other x-ray scanner systems currently being used by Kyrgyz Customs, such as Nutech, Rapiscan, Gilardoni, Heiman Smith, and L3 x-ray scanner systems. RENFUL Premier Technologies has successfully and satisfactorily performed similar requirements for EXBS in the past and has proven to be a responsive and reliable contractor. 6. A Description Of Efforts Made To Ensure That Offers Are Solicited From As Many Potential Sources As Is Practicable The EXBS office has conducted extensive market research and has found that only the company RENFUL Premier Technologies currently offers the required software, training and documentation in the Russian language. Notice of this acquisition will be published as prescribed by FAR 5.201. In accordance with FAR Section 6.305, this Justification For Other Than Full And Open Competition will be published in FedBizOpps within 14 days after award of the resulting contract/order. 7. A Determination By The Contracting Officer That The Anticipated Cost To The Government Will Be Fair AndReasonable The U.S. Embassy's Export Control and Related Border Security (EXBS) Office in Bishkek, Kyrgyz Republic, has developed an independent cost estimate for the software and training to be provided by the proposed vendor, in the amount of $173,600.00. The Contracting Officer will determine fair and reasonable price by performing price analysis in accordance with FAR 15.805-2. 8. A Description of the Market Survey Conducted And The Results Or A Statement Of The Reasons A Market Survey Was Not Conducted A formal market survey was not conducted because RENFUL Premier Technologies is the only known supplier for the required equipment, materials, and training in the Russian language. 9. Any Other Facts Supporting The Use Of Other Than Full And Open Competition None. 10. A Listing Of Sources, If Any, That Expressed, In Writing, An Interest In The Acquisition None. 11. A Statement Of The Action, If Any, The Agency May Take To Remove Or Overcome Any Barriers To Competition Before Any Subsequent Acquisition For The Supplies Or Services Reqired This Justification and Approval for other than full and open competition shall be published on FedBidOpps in accordance with FAR Section 6.305 within 14 days of the award of the resulting contract or order. 12. Certifications PROGRAM OFFICE CERTIFICATION: As the Technical Representative of the requiring office, I have reviewed the data provided in support of this Justification and Approval to Procure Using Other Than Full and Open Competition. I certify that all data are accurate and complete. _________________________ _______________ Fred Carter Date EXBS Advisor U.S. Embassy Bishkek, Kyrgyzstan LEGAL SUFFICIENCY REVIEW: _________________________ _______________ Dennis J. Gallagher Date Assistant Legal Advisor L/BA CONTRACTING OFFICER CERTIFICATION: _________________________ _______________ Tandra A. Jones Date Contracting Officer A/LM/AQM/RPSOFR