0133 - Coherent JOFOC - Signed_Redacted.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives Justification and Approval for Other than Full and Open Competition

Control#: ATF20-0020

ARQ #DJA-20-ALAB-PR-0133

1. Agency and Contracting Activity:

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)/Office of Management/Property, Acquisitions and Safety Division/Acquisitions Branch/99 New York Avenue NE, 3.S-142-Washington, DC 20226/Britton, Maria M.<Maria.Britton@atf.gov>, 202.648.9132

Requesting Office: ATF/ Office of Science and Technolo /Forensic Science Laboratory-

2. Nature/Description of Action being approved:

345/

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole-source, firm-fixed-price purchase order for maintenance of its laser s stems at its forensic science laboratories in

Verdi lOW Laser system: Located in

• Verdi !OW; SN: V10-A1385

• Head; SN: V10-G7030

• Power supply; SN: 010645377

• TracER; SN: 112007TG1021

TracER located in-

• TracER; SN: 112007TG1018

• TracER; SN: TRG600101

TracER located in -

• TracER; SN: 112007TG1020

• TracER; SN: TRG800103

Coherent lnc. is the manufacturer for the lasers listed above. Their address is 5100 Patrick •.• I . •I • • • !" I ' ,- II . ! nnette Davis

3. Description of Supplies/Services required to meet the agency's needs (including the period ofperlormance, estimated value and options/:

laboratory Services requires a service contract for preventative maintenance and necessary repairs to its Laser Systems. The estimated t� a base year and four (4)- one (1) year option periods totaling five (5) years is -per the below table.

Period of Performance Base Year (1/1/20-12/31/20) Option Year 1 (1/1/21-12/31/21)

Control#: ATF20-0020__ _ ARQ #DJA-20-ALAB-PR-0133

Option Year 2 (1/1/22-12/31/22) Option Year 3 (1/1/23 -12/31/23) Option Year 4 (1/1/24- 9/30/24)

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Pagel o/4

Per the manufacturer, due to the age of the systems, service support for the TraceER systems will end on September 30, 2024.

4. Statutory Authority permitting other than full and open competition:

Pursuant to the authority of Title 41 United States Code 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Part 6.302-1, 'only one responsible source and no other supplies or services will satisfy agency requirements'. This authority also serves as the exception to the Fair-Opportunity process.

5. Demonstration that the proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires use of Authority Cited:

These laser systems are essential for latent print work conducted by the forensic laboratories of ATF. These lasers need to remain operational in order to -

No other vendors can provide maintenance for this system� in nature to the manufacturer. Denial of this purchase would impede upon and negatively impact ATF's law-enforcement investigations.

Per Coherent's sole-source letter dated 12/20/19, only their service technicians are authorized to service its systems and provide maintenance for them due to the specialized and proprietary nature of the hardware and software used.

6. Description of efforts made to ensure that offers were solicited from as many potential sources as practicable. including whether a Notice was or will be publicized as required by FAR 5.2, and if not, the exception under FAR 5.202 that applies:

Since there are no exceptions under FAR 5.202, the JOFOC will be posted on Federal Business Opportunity (FBO) website.

7. Determination by the Contracting Officer (CO} that the Anticipated Cost to the Government, including options. will be Fair and Reasonable:

In accordance with FAR 13.106-3, a comparison of the proposed pricing was made with historical pricing on contract DJA-15-AHDQ-P-0120. Coherent is not increasing their price from the current contract u�ption Period 02 of the new contract, which will begin in 2022. The increase will be a ■increase for Option Periods 2 through 4, without any additional escalation.

In addition to the above, Coherent has historically provided a■ discount from their list price and will continue to provide ATF the same discount on the new contract.

Control#: ATF20-0020__ ARQ #DJA-20-ALAB-PR-0133 Page 3 of 4

Therefore, based on the above, the Contracting Officer (CO) has determined the IGCE is fair and reasonable.

8. Description of the Market Research conducted and the results or a statement of the reason such was not conducted:

Coherent is the only authorized dealer to perform service on their laser systems. After review on the internet, several companies provide third party services; however, none of those companies are authorized resellers. Therefore, utilizing any other company would void any warranty and service agreement with Coherent.

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

a) 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: Based on Coherent's letter dated 12/20/19, Lasers under this service contract can only be repaired by Coherent service technicians as the hardware and software are proprietary to the manufacturer.

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the

Government. This is not a follow-on requirement for the continued development or production of a major system or highly specialized equipment, including major components thereof or for highly specialized services.

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government. FAR 6.302-2 is not applicable as this is not for an unusual or compelling urgency. - N/A

10. Listing of Sources, if any. that expressed, in writing, an interest in this acquisition:

The Government does not anticipate any responsible sources based on all of the information provided and available. The Government will assess all responses received and include the responses and assessment in the file.

11. Actions Taken, if any. to Remove or Overcome Barriers to Competition before any subsequent acquisition for the required supplies/services:

The Bureau makes every effort to remove or overcome barriers to competition before any subsequent acquisition for the required supplies or services. The lab will continue researching the marketplace and communicating with other agencies, to determine if similar products and/or services can meet its needs in the future.

Control#: ATF20-0020-- ARQ #DJA-20-ALAB-PR-0133 Page 4 of 4

In the future, competition will depend on whether the manufacturer allows other vendors to re-sell/distribute its goods or related-maintenance services.

12. Certification:

TECHNICAL AND REQUIREMENTS - I, the Acquisition Initiator, certify that the facts and representations under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief and that this procurement action fulfills the minimum eeds of the Government.

Andrew McIntyre, Fingerprint Examiner, FSL-A

APPROVAL:

I certify that the subject action represents the best value to the Government and that this justification is accurate and complete to the best of my knowledge and belief.

Maria Britton, Contracting Officer Date