08_JOFOC_EHDE_Signed.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION I PROCUREMENT SECTION

JUSTIFICATION AND ApPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

JUSTIFICATION FOR OrnER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C.

3304 (A) (X)

Requisition Number:

Date: 0312612024

Estimated Contract Dollar Value: $XXXX

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 Explosive Hazardous Devices Service Contract on behalf of the Explosives Unit (EU), Laboratory Division.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the intent of Terrorist Explosive Device Analytic Center (TEDAC)Laboratory Division (LD) to acquire a firm fixed price contract for $XXXX for a Explosive and Hazardous Device Examiner. The period of performance will be for a one (1) year base with four (4) one-year options. Due to special nature of the Explosives Hazardous Device Examiner position with the Explosives Unit, the contract will be a new sole source requirement.

3. A description of the supplies or services required to meet the agency's needs.

The Explosives Hazardous Device Examiner (EHDE) is capable of being a part-time or full-time position if the additional funding cannot be provided. The following are the duties/tasks that are required by the Terrorist Explosive Device Analytical Center (TEDAC) EHDE position.

EHDE will work on backlog cases writing official TEDAC FBI Laboratory Reports detailing the results of examinations of the back-log cases or closeout the cases as deemed necessary.

The EHDE would also write assessments as requested. The EHDE will also proofread reports of other device examiners for the technical and administrative accuracy on explosive components and terminology. The EHDE is responsible for performing both technical and administrative reviews of Forensic Explosive and Hazardous Device reports written by the other certified EU device examiners, verifying accuracy and compliance with the EU Standard Operating Procedures (SOPs).

Attachment M - J&A Guide & Template Version 2.4 Page 1

FINANCE AND FACILITIESDIVISION I PROCUREMENTSECTION

JUSTIFICATION AND ApPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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. 3304 (a)(l) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, "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.

Due to the special nature of request and the new changes to the FBI Laboratory quality system, the EHDE is required to have already been an FBI Laboratory qualified Device Examiner since 2023 as well as be current on the Bomb Technician certification issued by the FBI Hazardous Devices School. The EHDE will be required to take the explosives devices proficiency testing within the EU once per year. A minimum of one (1) internal proficiency test per year is required for each qualified Explosive and Hazardous Device Examiner and Physical Scientist in the EU.

While there are former Lab qualified Device Examinerslbomb technicians, the new quality system has changed requirements that would force former device examiners out of a two-year scope be to be re-trained again and not allow to work on evidence immediately. The services provided by Mongoco LLC make them the only vendor capable of filling the position and meeting the unique qualifications the FBI requires. The niche scientific standards that are held by the FBI LD and that are required of the vendor, are only provided by Mongoco LLC.

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 market research was conducted through varying resources, it was determined that Mongoco LLC was truly the only vendor that could meet this requirement. Through reviewing literature, attending seminars and symposiums, as well as holding discussions with other agencies and experts, it was clear that Mongoco was the only one capable. It was because of this determination through Market Research, that the Government determined this requirement is to be sole source, and therefore a solicitation or RFI was not necessary. Though the requirement was not publicized at this time, it could be in the future if the contracting officer makes this determination. We will be posting a Notice of Intent (NOI) to sole source award to SAM.gov.

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FINANCE AND FACILITIESDIVISION I PROCUREMENTSECTION

JUSTIFICATION AND ApPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

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 dollar value of this acquisition is $XXXX for the total Period of Performance and is deemed fair and reasonable as the value is in-line with previous acquisitions for similar services. Once the vendor provides us with a quote, the Contracting Officer will do a price analysis, comparing the quote to historical data and market rates.

8. A description of the market research conducted and the results.

Market research was conducted through Internet searches, research of scientific literature such as The journal of International Association of bomb technicians and Investigators (IABTI), The Journal of Energetic Materials, and via conferences such as the International Society of Explosives Engineers annual seminar, or the IABTI International In-Service Training Seminar are attended by members of the EU. EU personnel regularly study current scientific literature and attend scientific conferences regarding technologies currently available in order to keep abreast of which vendors offer the instrumentation and services needed.

It is because of this market research that we have determined that Mognoco is the only source that can meet this requirement, with the standards that the FBI LD require.

9. Any other facts supporting the use of other than full and open competition.

Due to the major changes within the FBI Laboratory quality system in the past two years, it is required that a recently proficiently tested and current Bomb Technician certification issued by the FBI Hazardous Devices School are a requirement for this contract. Out of the scope of the two years former Laboratory Device Examiners would need to be retested under the new quality system and that would take more than a two year process in order for an individual to be able to write reports and perform forensic examinations.

10. A listing of any sources that expressed a written interest in the acquisition.

Since the procurement was not advertised, no other companies have expressed an interest either orally or in writing.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

The FBI, TEDAC will continue to monitor the marketplace to see if any new and upcoming companies will meet the needs. Then we will determine if the Government is able to remove or overcome any barriers to competition.

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•os:

FINANCE AND FACILITIESDIVISION I PROCUREMENTSECTION

JUSTIFICATION AND ApPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

COsare not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below:

Reviews and Approvals (up to $750K)

Requestor:

that the facts and representations under my cognizance, which are included in

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Signature Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

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3/26/2024