ANDE BPA 2023.pdf

Requisition Number: DJF-23-0700-PR-0002458

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FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

SOLE-SOURCE JUSTIFICATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

AUTHORITY 41 U.S.C. 3304 (A) (1)

Date: 7/18/2023

Estimated Dollar Value: ______________

1. Identification of the agency and contracting activity.

The Federal Bureau of Investigation (FBI), Procurement Section (PS) National Acquisition

Programs Unit (NAPU) has prepared this justification for other than full and open competition for ANDE reagents and consumables on behalf of the Biometrics Analysis Section (BAS), Laboratory Division (LD).

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

The proposed contract will be a firm-fixed price, Blanket Purchase Agreement (BPA) with a 60-month ordering period that will be sole-sourced to the ANDE Corporation, [CAGE Code 47QZ9], 266 2nd Avenue, Waltham, Massachusetts, 02451.

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

In support of the FBI’s Rapid DNA Initiative, the FBI has a requirement for a BPA with the

ANDE Corporation for reagents and consumables. The Rapid DNA initiative was established by the FBI in order to develop an instrument capable of performing point of collection DNA analysis. The FBI Laboratory is in the process of evaluating the ANDE 6C (Accelerated Nuclear

DNA Equipment) Rapid DNA instrument in support of this initiative. In order for the FBI to proceed with the required studies it is necessary to establish a contract for reagents and consumables so this effort can move forward unhindered.

This is a critical requirement for the Rapid DNA Initiative.

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4. The statutory authority permitting other than full and open competition.

For purposes of this acquisition, the statutory authority permitting other than full and open competition is delineated at 41 U.S.C. 3304 (a) (1) and implemented at FAR Part 6.302-1, “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.

ANDE is the sole manufacturer and distributor of the ANDE instruments and its associated consumables required to operate the instrument and therefore is the only company capable of providing all of the required items needed by the FBI.

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.

The FBI will publicize this requirement on the SAM.gov Contract Opportunities website. This announcement will give an opportunity for other vendors to demonstrate their ability to meet the

FBI’s specific needs through a submission of technical capabilities and cost information.

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.

Before awarding a contract, the Contracting Officer will execute a determination of price reasonableness in accordance with FAR 13.106-3.

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

Market research was done by examining pertinent specifications and capabilities from vendor web sites, reviewing catalogs, and other generally available product literature published by manufacturers, distributors, and dealers and recommendations from other technical members of the government and scientific community. Market research revealed that ANDE is the sole manufacturer and distributor of the associated reagents and consumables required by the FBI.

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

See section 5 above.

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

A synopsis was posted on the SAM.gov website. This synopsis will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities and cost information.

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

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

The FBI will continue to conduct market surveys and research available through industry shows and technology releases in the form of papers and journals on subsequent acquisitions.

Reviews and Approvals (Not exceeding $750,000)

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.

Date

Contracting Officer’s Representative (COR)

Management and Program Analyst

CODIS Unit, BAS, LD

Contracting Officer:

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

Bryan Lane Date bvlane@fbi.gov mailto:bvlane@fbi.gov