20230322_TC-20_Attachment_M_-_Justification_for_Other_than_Full_and_Open_Competition_JA_Guide__TDconditioner_UNCLASSIFIED_U_.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND

OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (X)

Requisition Number: DJF-23-0700-PR-0003153

Date: 12/08/2022

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), has prepared this justification for other than full and open competition for acquisition of a Markes International TC-20 (multi-tube conditioner) and corresponding regulator pneumatics accessory for gas regulation on behalf of the TIEDS Center, 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.

This is a new sole source requisition from Markes International, Inc. that is a fixed price to include a multi-tube conditioner (TC-20) and a single regulator pneumatics accessory for carrier gas regulation.

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

The requirements are for a multi-tube conditioner compatible with the Markes International thermal desorber unit (unity-xr) that can be used to condition sorbent tubes after use, to ensure sorbent material is clean for new sampling while increasing efficiency by reducing run time on instrument. In addition, a high quality external gas regulation between the gas cylinder and instrument is required for its operation. The total cost for both products is estimated to be

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)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “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.

Markes International, Inc. is uniquely qualified to provide these services to the FBI-TIEDS Center because they are the manufacturer of the existing TD unit owned by TIEDS. The TC- 20, multi-tube conditioner, is manufacturer specific and is required to be supplied by the manufacturer in order to be integrated with the current instrumentation. The same manufacturer also supplies the required carrier gas regulation accessory used to outfit it with the instrumentation.

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.

A sole source acquisition is supported 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.”

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 estimated cost is as acquired through market research. The market research analysis that supports a determination of fair and reasonable costs was provided through contact (technical calls, quotes) with the manufacturer (sole-source).

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

The market research was conducted using commercial manufacturer websites, technical calls, and discussions with application scientists. Market research methods were conducted over a period of one week. This research identified the necessary components needed to expand the current TD instrumentation for sorbent conditioning and additional regulator pneumatics accessory. The requisition includes the multi-tube conditioner and single regulator pneumatics accessory. These materials and services are required to be performed by the manufacturer since the unit is already owned by the TIEDS Center and needs these components to facilitate sorbent https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990 tube preparation between sampling to reduce run time on the GC/MS and eliminate carryover of samples.

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

Specifications for materials are not suitable for full and open competition. The requirement cannot be modified to enhance competition because the unit is already owned and just needs additional components for routine vapor analysis of energetic materials. Only one source can meet the need since the current instrument was acquired through this source.

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

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

Competition is not planned as dictated 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.”

COs are 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:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer:

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

Signature Date