Attachment_2_-_ThermoFisher_Gemini_BNO_Justification_Final_Redacted.pdf

The ThermoFisher Gemini Analyzer has the following unique qualifications:

a. It has a high sensitivity and provides accurate results, which is crucial for detecting low levels of substances.

b. It combines speed and efficiency, which significantly reduces the time to get results. This means criminal cases can make progress at a faster rate.

c. The Gemini analyzer is versatile, capable of analyzing a broad spectrum of materials and substances. This is excellent for forensic science, which is highly used by the Counterdrug Program in support of law enforcement agencies.

d. The Gemini Analyzer comes equipped with robust management capabilities, that includes storage, retrieval, and sharing options. This streamlines the workflow process and helps keep data integrity.

e. The Gemini Analyzer is built to withstand harsh conditions, making it durable and reliable, ensuring consistent performance over time.

ThermoFisher Gemini Analyzer excels at categorizing large volumes of data quickly and accurately, essential for organizations managing extensive datasets. Federal Law Enforcement Agency (LEA) partners of the National Counterdrug Drug Task Force have universally adopted the Gemini drug identification system as the standard for narcotics detection equipment at land and seaports of entry. To effectively support federal partners, Counterdrug Task Forces requires the Gemini drug identification system to ensure compatibility and interoperability with partner agencies. Using a non-Gemini drug identification equipment is not feasible because of interoperability issues externally with Law Enforcement Agencies systems due to the proprietary nature of the Gemini equipment and technologies. Not having the knowledge of unknown chemicals and substances in the field can cause officer safety concerns for others within the area and the site itself. Lacking the methods and equipment to be able to test materials and suspicious chemicals / substances on site raises health and welfare concerns for Law Enforcement Officers and National Counterdrug Service Members.

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.

In accordance with FAR 12.603, Streamlined Solicitation for Commercial Items, and FAR 13.105, Special Documentation Requirements, a competitive, combined synopsis/solicitation will be issued on beta.SAM.gov. This procedure combines the synopsis required by FAR

5.203 and the issuance of the solicitation into a single document. The approved Brand Name Justification will be made publicly available with the solicitation, IAW FAR 13.501(a)(1)(iv).

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

There is a reasonable expectation, based on market research, that two or more responsible offerors, competing independently, will submit priced offers in response to the solicitation IAW

FAR 13.106-3(a)(1). All offers will be evaluated to determine technical acceptability. The presence of two or more technically acceptable offers establishes the determination for price fair and reasonable through competition. In the event two quotes are not obtained to establish a fair and reasonable price determination, other offers analysis techniques may be used IAW FAR 13.106-3(a)(2).

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

The Contracting Officer (CO) posted a Request for Information (RFI) to General Services Administration (GSA) eBuy to find interested and capable vendors. The RFI yielded two responses, one from Noble Supply and one from Alluvium. After further research, it was discovered that Alluvium is not an authorized reseller of the required equipment.

To determine if there were other authorized resellers of the ThermoFisher brand, the CO contacted the Original Equipment Manufacturer (OEM), ThermoFisher, for a list of authorized resellers. The OEM indicated there are 5 authorized resellers (contractor information listed in Section 10 below) that can provide the required brand name equipment.

Three of the authorized resellers hold GSA Multiple Award Schedules (MAS); however, the LowDoseID software upgrade and necessary Test-Kits are not available on the GSA MAS.

Additional conversations with the OEM determined these items are considered open market items and not Order Level Materials (OLMs). The CO then determined the best acquisition strategy is to procure all ThermoFisher BNO equipment using competitive FAR 13 procedures via SAM.gov. The CO contacted all five authorized resellers to determine if they were interested and capable in providing the requirement via SAM.gov. Three resellers responded, Noble Supply, Fisher Scientific, and Atlantic Diving Supply. The other two resellers, Safeware Inc. and Global Supply Solutions, did not respond.

Based on the information above, the CO determined there is reasonable expectation of obtaining offers from two or more responsible businesses that are competitive in terms of fair market prices, quality, and delivery.

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

Only ThermoFisher and their authorized resellers can meet the Government’s need for the required sterilizing equipment. As indicated in Section 5 above, the required equipment shall be compatible and interoperable with the National Counterdrug Drug Task Force partner agencies and there is no other known equipment brand, other than ThermoFisher, that can meet the Government’s requirement.

While there are multiple small businesses that can provide the required BNO equipment, the selected NAICS is not on the Non-Manufacturer Rule (NMR) waiver list and therefore cannot be set aside for small businesses. The Government plans to issue an unrestricted solicitation for installation of ThermoFisher brand name equipment.

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

Noble Supply (UEI: YLE5AAYNVPK6, Small Business) Fisher Scientific Company LLC (UEI: F5TEGZ32EJ38, Large Business) Atlantic Diving Supply (ADS) (UEI: PLHYMLFKCA79, Small Business)

The following sources are known to be available, authorized resellers, but did not respond to correspondence indicating they were interested in the acquisition:

Safeware Inc. (UEI: JRVNJLXMZN64, Small Business) Global Supply Solutions (GSS) (UEI: HQGBLBUKXHW5, Small Business)

11. A statement of any 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 Contracting Officer Representative (COR) and Contracting Officer (CO) will conduct market research to determine if any equipment can meet the Government’s requirements for future acquisitions.