A15 BNJ_redacted.pdf

CRJ (Part 12) Control No. D-26-SS-0068

Procurement Sensitive - See FAR 2.101 and 3.104 For Official Use Only

COMPETITION RESTRICTION JUSTIFICATION

FAR 12.102 > SAT TO ≤ $15M

SAP COMMERCIAL PRODUCTS & SERVICES

In accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (41 U.S.C. 1901, 1903, or other statutory authorities listed in FAR 6.103, as appropriate) decisions to restrict competition, including the use of brand-name descriptions without allowing for “equal” products shall be documented as follows:

1. Identification of the Agency, Contracting Activity, and Specific Identification of the Document.

a) Agency: Drug Enforcement Administration

b) Contracting Activity: DEA Office of Acquisition.

c) Requiring Activity: Office of Forensic Sciences (SS)

d) Document Identification: Brand Name Justification

2. Nature and Description of the Action Being Approved: SFL10 requires five additional Intura H2 1500 hydrogen generators for use with newly purchased GC-MS and GC-FID equipment for evidence analysis to support enforcement cases. This action is seeking a Brand Name Justification for this requirement.

a. Contractor Name: TBD

b. Estimated Amount: $137,000

c. Recurring Requirement: Yes No

d. Period of Performance: From: {mm/dd/yyyy} To: {mm/dd/yyyy}

e. Description: Intura Hydrogen generators, manufactured by Peak Scientific

3. Description of Supplies or Services: Intura Hydrogen generators, manufactured by Peak Scientific

4. Identification of the Competition Restriction Justification (CRJ):

FAR 12.201-1, Simplified procedures > SAT, ≤ $9 million authorized by 41 U.S.C.§ 1901.

Simplified acquisition procedures —To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the FAR shall provide for special simplified procedures for purchases of property and services for amounts not greater than the SAT;

FAR 12.201-1, Simplified procedures, for acquisition described at 12.001(c) > $9 million, ≤ $15 million authorized by 41 U.S.C.§ 1901 and 41 U.S.C.§ 1903.

41 USC §1901. Simplified acquisition procedures —To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the FAR shall provide for special simplified procedures for purchases of property and services for amounts not greater than the SAT;

41 USC §1903. Special emergency procurement authority —Only available when the head of the contracting activity determines that the property or services are to be used for:

Contingency Operations: As defined under 10 U.S.C. § 101(a)(13);

Attack Response/Recovery: To facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attacks against the U.S;

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_201_1:%7E:text=to%20the%20agency.-,12.102%20Restricting%20competition,-https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_201_1:%7E:text=Table%2012%2D1%20%E2%80%94%20Authority%20citations%20for%20restricting%20competition https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_201_1:%7E:text=Table%2012%2D1%20%E2%80%94%20Authority%20citations%20for%20restricting%20competition https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_102:%7E:text=12.201%20Solicitation%20procedures.-,12.201%2D1%20Simplified%20procedures.,-(a)%20Requirement https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim#:%7E:text=%C2%A71901.%20Simplified%20acquisition%20procedures https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_102:%7E:text=12.201%20Solicitation%20procedures.-,12.201%2D1%20Simplified%20procedures.,-(a)%20Requirement https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim#:%7E:text=%C2%A71901.%20Simplified%20acquisition%20procedures https://uscode.house.gov/view.xhtml;jsessionid=D965D61200FA079214D8DEA4A5E7744C?req=granuleid%3AUSC-prelim-title41-chapter19&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMTkwMQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=%C2%A71903.%20Special%20emergency%20procurement%20authority

For Official Use Only

International Disaster Assistance: In response to requests from the Secretary of State or USAID; or

Major Disasters/Emergencies: Operations aligning with the Robert T. Stafford Disaster Relief and Emergency Assistance Act

FAR 12.201-2, Other procedures in FAR Part 15 (RFPs) or FAR Part 14 (IFBs) > $9 million (> $15 million for acquisitions described at FAR 12.001(c) for One statutory authorities cited in 6.301 as appropriate)

FAR 6.103-1, Only One Responsible Source. authorized by 41 U.S.C. 3304(a)(1)

FAR 6.103-2, Unusual and Compelling Urgency authorized by 41 U.S.C. 3304(a)(2)

FAR 6.103-3, Industrial Mobilization authorized by 41 U.S.C. 3304(a)(3)

FAR 6.103-4, International Agreement authorized by 41 U.S.C. 3304(a)(4)

FAR 6.103-5, Authorized or Required by Statute authorized by 41 U.S.C. 3304(a)(5)

FAR 6.103-6, National Security authorized by 41 U.S.C. 3304(a)(6)

FAR 6.103-7, Public Interest authorized by 41 U.S.C. 3304(a)(7).

Items peculiar to one manufacturer GSAR 538.7104-4(b) The particular brand name, product, or feature is essential to the ordering activity’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the need.

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires using the Authority Cited: The following Contractors are either the Original Equipment Manufacturer (OEM) or known authorized resellers

a. Name and address of the proposed contractor(s).

Samyak Solutions SBA - Certified Women-Owned Small Business GSA Contract# GS-07F-052BA VTech Biomedical, 22 Heritage Dr, Hampton, NH 03842-1017 Peak Scientific Inc - 210 Littleton Road - Suite 110 - Westford - USA – 01886 (OEM)

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). Describe fully why only the designated supply/service will meet the sponsoring organization’s needs and the contractor’s unique qualifications to provide the requirement. Discuss how those qualifications or the nature of the acquisition relate to the authority cited.

6. A Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as Possible, Including Whether a Notice was or will be Publicized as Required by Part 5 and, if not, Which Exception under Part 5 Applies: An RFQ will be posted to SAM.gov in order to maximize competition between available authorized resellers and the OEM.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#:%7E:text=12.201%2D2%2C%20Other%20procedures https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#:%7E:text=(c)%20The,or%20major%20disaster.

https://acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#:%7E:text=6.3%20%2D%20Postaward-,6.301%20Availability%20of%20the%20justification.,-(a)%20The https://acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#:%7E:text=6.3%20%2D%20Postaward-,6.301%20Availability%20of%20the%20justification.,-(a)%20The https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=required%20by%206.104.-,6.103%2D1%20Only%20one%20responsible%20source%20and%20no%20other%20supplies%20or%20services%20will%20satisfy%20agency%20requirements,-https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(1)%20the%20property%20or%20services%20needed%20by%20the%20executive%20agency%20are%20available%20from%20only%20one%20responsible%20source%20and%20no%20other%20type%20of%20property%20or%20services%20will%20satisfy%20the%20needs%20of%20the%20executive%20agency%3B https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=and%20open%20competition.-,6.103%2D2%20Unusual%20and%20compelling%20urgency.,-(a)%20Authority https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(2)%20the%20executive%20agency%27s%20need%20for%20the%20property%20or%20services%20is%20of%20such%20an%20unusual%20and%20compelling%20urgency%20that%20the%20Federal%20Government%20would%20be%20seriously%20injured%20unless%20the%20executive%20agency%20is%20permitted%20to%20limit%20the%20number%20of%20sources%20from%20which%20it%20solicits%20bids%20or%20proposals%3B https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=delay%20the%20acquisition.-,6.103%2D3%20Industrial%20mobilization%3B%20engineering%2C%20developmental%2C%20or%20research%20capability%3B%20or%20expert%20services.,-(a)%20Authority https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(3)%20it%20is%20necessary%20to%20award%20the%20contract%20to%20a,process%2C%20whether%20or%20not%20the%20expert%20is%20expected%20to%20testify%3B https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=litigation%20or%20dispute.-,6.103%2D4%20International%20agreement.,-(a)%20Authority https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(4)%20the%20terms,than%20competitive%20procedures%3B https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=described%20in%206.104.-,6.103%2D5%20Authorized%20or%20required%20by%20statute.,-(a)%20Authority https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(5)%20subject%20to%20section%203105%20of%20this%20title%2C%20a%20statute%20expressly%20authorizes%20or%20requires%20that%20the%20procurement%20be%20made%20through%20another%20executive%20agency%20or%20from%20a%20specified%20source%2C%20or%20the%20agency%27s%20need%20is%20for%20a%20brand%2Dname%20commercial%20product%20for%20authorized%20resale%3B https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=described%20in%206.104.-,6.103%2D6%20National%20security.,-(a)%20Authority https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(6)%20the%20disclosure%20of%20the%20executive%20agency%27s%20needs%20would%20compromise%20the%20national%20security%20unless%20the%20agency%20is%20permitted%20to%20limit%20the%20number%20of%20sources%20from%20which%20it%20solicits%20bids%20or%20proposals%3B%20or https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_104_1:%7E:text=bids%20or%20proposals.-,6.103%2D7%20Public%20interest.,-(a)%20Authority https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter33&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uMzMwNQ%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim#:%7E:text=(7)%20the%20head,of%20the%20contract https://www.acquisition.gov/fss-ordering-procedures#:%7E:text=(1)%20The%20particular%20brand%20name%2C%20product%2C%20or%20feature%20is%20essential%20to%20the%20ordering%20activity%E2%80%99s%20requirements%2C%20and%20market%20research%20indicates%20other%20companies%E2%80%99%20similar%20products%2C%20or%20products%20lacking%20the%20particular%20feature%2C%20do%20not%20meet%2C%20or%20cannot%20be%20modified%20to%20meet%2C%20the%20need%3B

For Official Use Only

The following should also be addressed in this paragraph:

a. Sources Sought Synopsis. N/A

b. Synopses of Proposed Contract Actions. N/A

c. Other Actions. N/A

d. Qualifying Country Sources. N/A

7. Contracting Officer’s Determination that the that the Anticipated Cost to the Government will be Fair and Reasonable: Prices will be determined fair and reasonable based on adequate pricing competition and pricing found on previous same/similar orders.

8. Market Research Conducted (See Part 10) and the Results or a Statement of the Reason Market Research was not Conducted: Market Research was conducted and shows there is at least one vendor available on their GSA Schedules and multiple vendors available through the Open Market capable of providing these items. It has been determined posting an RFQ on SAM.gov would maximize competition.

9. Any Other Facts Supporting Using Other than Full a Open Competition. N/A

a. When 6.103-1 is cited for follow-on acquisitions as described in 6.103-1(c)(2), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. N/A

b. When 6.103-2 is cited, data, estimated cost, or other rationale as to whether and how much the Government would be harmed. N/A

10. A Listing of the Sources, if any, that Expressed an Interest in the Acquisition in Writing. The following sources expressed interest, Peak Scientific, Vtech BioMedical, and Samyak.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required. The Government will continue to conduct market research as DEA reporting requirements are updated to determine other available vendors for the same/similar products available to meet the Government's analysis and reporting requirements.

12. Technical / Requiring Activity’s Certification: I certify that the technical data and operational requirements supporting this justification are complete, accurate, and reflect the minimum needs of the Government.

Signature Date

For Official Use Only

13. Contracting Officer’s Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer's Knowledge and Belief. I certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

14. Approvals: The required levels of approval of this Justification depend on the estimated total value of the procurement. Approval must be obtained for that level and each previous level.

Contracting Officer (for actions ≤ $900,000)

Signature Date