JOFOC- Amended.pdf

SOLE SOURCE JUSTIFICATION FOR SIMPLIFIED ACQUISITIONS

FAR Part 13.106-1(b)(1)

1. Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 13.106-1(b)(1) and 41 U.S.C.

1901, the Office of Acquisition Management proposes to award a purchase order for ten

(10) Rigaku ResQ CQL 1064nm Raman Analyzers on the basis of other than full and open competition on behalf of the U.S. State Department International Narcotics and Law Enforcement Affairs (INL) section, U.S. Embassy to Tajikistan in Dushanbe. Subject items are for donation to the government of Tajikistan (GoT).

2. The nature and/or description of the action being approved.

A firm-fixed price Purchase Order for procurement of ten (10) Rigaku brand ResQ CQL (Model) Handheld 1064nm Raman Analyzers.

3. A description of the supplies or services required to meet the Department’s needs.

The requirement is to provide ten (10) handheld Raman technology chemical analyzers, through donation under the Foreign Assistance Act, to border security and law enforcement agencies within the government of Tajikistan to build capacity in securing its borders, enforcing its laws, and interdicting illicit drugs and arms transiting the region.

These devices must be capable of rapidly (in under 1 minute) analyze colored and “dirty” substances, through colored containers and packaging, without a resultant increase in sample temperature, and provide definitive results for the full spectrum of narcotics and other drugs, chemical, biological, radiological, nuclear, and explosive materials. The device must be U.S. DoD JPEO (Joint Program Executive Office) DR SKO (Dismounted Reconnaissance Sets, Kits, and Outfits) program approved, and safe for use with energetic materials (explosives). The device must utilize 1064nm technology which allows for extremely rapid, safe (can scan through colored packaging), and accurate (minimizing fluorescence) analysis.

The device must be available in Russian and/or Tajik language and possess a threat identification “recipe” algorithm which will provide an alert to the operator if constituent precursors to a known controlled substance or threat are sampled at the scene.

The Rigaku (brand) ResQ CQL (model) Handheld Raman Chemical Analyzer has been provided under other DoS programs to international border security and law enforcement agencies, with success. These specific units have been researched and found to meet the requirements for rapidly and safely analyzing unknown potentially hazardous substances in the field. They are U.S. DoD CBRNe approved, having been tested as safe for use in analyzing energetic material (explosives). The ResQ CQL Analyzer utilizes 1064 nm technology with allows for rapid analysis through colored packaging, without removing the sample from the container.

While the Thermofisher Scientific 1064Defender Handheld Raman Analyzer satisfies most of the user’s needs, market research has identified the Rigaku ResQ CQL Raman Analyzer is the only known such device that meets all of the technical requirements.

4. An identification of the statutory authority permitting other than full and open competition:

41 U.S.C. 3304(a)(1) and FAR 13.106-1(b)(1) Brand Name Acquisition.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the action require use of the authority cited.

The Rigaku brand ResQ CQL handheld Raman Analyzer has unique properties in that it may be held easily in one hand, uses 1064 nm wavelength technology, has a full library of narcotics, precursor, chemical, biological, radiological, nuclear, and explosives data, and is DoD approved. This brand name has been provided to other countries and as such allows for joint training and interoperability. This device is certified as safe for use with explosive materials. DoS EXBS has had great feedback from donations of these devices to Balkan countries. It is now provided in Russian, allowing non-English speakers to make use of the tool.

Uniquely, the Rigaku ResQ CQL handheld Raman Analyzer utilizes a built-in proprietary autonomous “Recipe” threat identification algorithm which will collect identified substances within its database and compare these samples to constituent precursors for controlled substances and hazardous materials, providing an alert if the components of a recipe have been identified. This is an extremely useful safety feature for use when processing clandestine laboratories.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable, include whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

This JOFOC will be posted with the solicitation on SAM.gov

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable

Fair and reasonable price will be determined by the IGCE and competition.

8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted.

Market research conducted through the internet, resp. Google, and telephone calls to the manufacturer(s). The results of the market research identified the Rigaku ResQ CQL Handheld Raman Analyzer and the Thermofisher 1064Defender Handheld Raman Analyzer as options, however, the Thermofisher 1064Defender does not possess the “Recipe” CS/T alert algorithm, and it is unclear whether it is offered in Russian language.

The Rigaku model is the only brand name to fully satisfy the end-users requirements.

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

N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required. Include a statement that this J&A for other than full and open competition will be published on FedBizOpps in accordance with FAR Section 6.305 within 14 days of award (or within 30 days if the J&A is for unusual and compelling urgency.)

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

{original signed} Michael Kopper Law Enforcement and Border Security Advisor, INL U.S. Dept. of State/U.S. Embassy to Tajikistan

Date

CONTRACTING OFFICER CERTIFICATION

I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

{original signed} Michelle R. Braunstein Date Contracting Officer

A/OPE/AQM/IP/RPSO

APPROVALS

SIGNATURE:

{original signed} Kenneth G. Mamba Date Branch Chief

A/OPE/AQM/IP/RPSO