A15 - Sole Source Documentation SSEB_Redacted.pdf

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Evidence Bags
Solicitation number
D-26-FS-0222
Issued by

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This is a Sole Source Justification for Conducting Acquisitions Using Simplified Acquisition Procedures under FAR 13.501, issued by the Drug Enforcement Administration (DEA) in November 2022.

The DEA's Office of Acquisition and Relocation Management seeks to award a new contract to ProAmpac for DEA Custom Self-Sealing Evidence Bags, with a performance period extending through August 1, 2026. The justification supports a sole source procurement exceeding the simplified acquisition threshold, citing 41 U.S.C. 1901 and FAR 13.501(a) as the statutory authority. The acquisition involves commercial items and is being conducted without promoting competition to the maximum extent practicable. Market research conducted over an entire fiscal year evaluated three potential vendors, revealing that ProAmpac's evidence bag material is substantially more rigid and durable than competing products. DEA laboratories and field divisions provided feedback indicating that alternative vendors' bags exhibited seal gaps and durability concerns during evidence processing and storage, while ProAmpac bags completely seal, maintain integrity during processing, and can be resealed using a heat-sealing device. Additional market research on GSA eLibrary confirmed that ProAmpac manufactures the bags and has no authorized GSA contract holders. ProAmpac indicated it currently supplies the specific bags directly to the DEA and will not provide quotes to other resellers. The contracting officer determined that the anticipated cost will be fair and reasonable by comparing prices to same or similar supplies in the market and recommends proceeding with a sole source Purchase Order to ProAmpac located at 12025 Tricon Road, Cincinnati, Ohio 45246. The document includes required certifications from requesting officials, technical points of contact, contract specialists, and the contracting officer.

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SOLE SOURCE FOR CONDUCTING ACQUISITIONS USING SIMPLIFIED ACQUISITION PROCEDURES AUTHORIZED BY

FAR 13.501 WITHOUT PROMOTING COMPETITION TO THE MAXIMUM EXTENT PRACTICABLE

November 2022 1

Identification Number (purchase request/solicitation number): D-26-FS-0222

1. Identification of the agency and contracting activity.

A. Agency: Drug Enforcement Administration (DEA)

B. Contracting activity: Office of Acquisition and Relocation Management (FA)

C. Requiring activity: Office of Administration (FS)

2. Nature and/or description of the action being approved. (e.g., new contract award or modification expanding the scope of an existing contract)

New Contract Award

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

(inclusive of all options)

Request for DEA Custom Self-Sealing Evidence Bags. Evidence bags are essential and mission critical for properly securing and preserving evidence, ensuring chain of custody integrity, and maintaining compliance with DEA protocols. Without the requested evidence bags, we risk compromising evidence handling procedures, potentially impacting case integrity.

Period of performance or Total estimated value: final delivery date: 08/01/2026

4. An identification of the statutory authority permitting other than competition to the maximum extent practicable.

The simplified acquisition threshold is defined in FAR 2.101. Per FAR 6.001, acquisitions of certain commercial items exceeding the simplified acquisition threshold and conducted using simplified acquisition procedures as authorized by FAR 13.501 are exempt from the requirement to promote full and open competition. Such acquisitions must promote competition to the maximum extent practicable as required by 41 U.S.C. 1901 and FAR 13.104. Because this acquisition will be conducted without promoting competition to the maximum extent practicable, this justification is prepared for review and approval in accordance with FAR 13.106-1(b)(2) and 13.501(a).

Select the Authority that applies:

41 U.S.C. 1901, FAR 13.501(a) exceeding the simplified acquisition threshold; or 41 U.S.C. 1903, FAR 13.501(a) emergency procurement (up to $750K within the United States and up to

$1.5Million outside the United States)

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

Market research was conducted for an entire fiscal year; evidence bags were obtained and utilized from (3) potential sources. During the market research, it was noted that the evidence bag material produced by ProAmpac was substantially more rigid and durable than the other two vendors, and . On several occasions, DEA laboratories and field divisions provided feedback noting seal gaps and concerns with bag material durability from and during evidence processing and storage. ProAmpac bag material completely seals, holds up best to DEA's evidence processing, and is durable enough to reseal using a heat-sealing device.

November 2022 2

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.

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

Prices will be compared to same or similar supplies in the market.

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

Market research was conducted for an entire fiscal year; evidence bags were obtained and utilized from (3) potential sources. During the market research, it was noted that the evidence bag material produced by ProAmpac was substantially more rigid and durable than the other two vendors, and . On several occasions, DEA laboratories and field divisions provided feedback noting seal gaps and concerns with bag material durability from and during evidence processing and storage. ProAmpac bag material completely seals, holds up best to DEA's evidence processing, and is durable enough to reseal using a heat sealing device.

The Contracting Officer conducted additional market research on GSA eLibrary, and determined that ProAmpac is the manufacturer of the evidence bags and does not have Authorized GSA Contract Holders.

, stated that PromAmpac indicated that they are currently supplying the specific bags direct to the DEA and therefore will not provide a quote to . The Contracting Officer recommends sole source Purchase Order to ProAmpac.

9. Any other facts supporting the use of other than competition to the maximum extent practicable, such as:

i. 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.

The agency has been utilizing ProAmpac bags, based on the specification established by the OMPP SSEE evidence bag program.

ii. When the acquisition is resulting in a follow-on contract for the continued development or production of a major system or highly specialized equipment, an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

iii. When the justification is based on an urgent and compelling requirement, cite data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

iv. When the justification is for brand name, explain why the particular brand is the only brand that can satisfy the Government’s need. Include in the explanation why other brands do not meet the Government’s requirement.

November 2022 3

ProAmpac was substantially more rigid and durable than the other two vendors, and . On several occasions, DEA laboratories and field divisions provided feedback noting seal gaps and concerns with bag material durability from and during evidence processing and storage. ProAmpac bag material completely seals, holds up best to DEA's evidence processing, and is durable enough to reseal using a heat-sealing device.

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

ProAmpac - 12025 Tricon Rd., Cincinnati, OH 45246

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.

November 2022 5

REVIEWS AND APPROVALS

Competition Advocate Date (if over $750,000) Signature

Chief, FAC Date (if over $750,000) Signature

Bureau Procurement Chief

(if over $750,000 Date per JAR 2806.304) Signature

Head of the Contracting Date Activity (if over $15M) Signature

Senior Procurement

Executive (if over $75M) Signature

Date

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