Attachment 6 Justification and Approval Redacted.pdf

Justification and Approval (J&A) For Other than Full and Open Competition

1. Contracting Activity

A. District/Division Name: B. Requesting Office:

C. Contracting Officer: D. Phone Number:

E. Requisition/MIQ Number

F. Name of the Proposed Vendor:

G. Name of POC:

H. Vendor's address:

I. POC Phone Number:

J. POC E-mail:

2. Nature and description of action.

A. Describe the action being reviewed and approved and state whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, time and materials, labor hour, etc.)

Limited Source Justification

JSD OSS

M-20-A32-R-001187

This is a new contract, firm-fixed-price, one base year and four option years (FY20-24). The intent of the United States Marshals Service (USMS) is to issue a brand specific purchase agreement to procure several Smith's Detection x-ray models, accessories and services to support those machines. The preferred vendor is Smith's Detection, Inc. This is a new firm fixed price BPA will be issued against GSA Multiple Award Schedule (MAS).

B. An individual J&A cannot be used to support more than one (1) contract, regardless of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

3. Description of the supplies/services required to meet the agency's needs.

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, and the estimated delivery dates/periods of performance. If there is a national authority, the document must be cited and either a web link included or a copy of the requiring document attached. Include the requirement delivery date or period of performance.

Not Applicable

This requirement is for brand name specific, x-ray machines manufactured by Smiths Detection, Inc. Required models include 6040-2is, 100100v-2is, 7555si, 6046si, and accessories. Estimated value is .

Period of performance for this requirement is for the following (each of five years - FY20 thru

FY24):

Smiths Detection model 6040-2is (includes 1-year manufacturer warranty, shipping, delivery, installation, manuals and operator orientation).

Estimated per/unit value is:

Estimated number to be purchased per year: 25

Associated accessories with this machine:

Roller Table 1/2 meter ea total 20

4.

The specific paragraph must be cited. Most likely, only the -1 or -2 authorities will be cited.

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-2: An unusual and compelling urgency exists.

FAR 6.302-3: Industrial mobilization, engineering, developmental, or research capability, or expert services.

FAR 6.302-4: International agreement.

FAR 6.302-5: Authorized or required by statute.

FAR 6.302-6: National security.

FAR 6.302-7: Public interest.

5. A demonstration that the proposed vendor's unique qualifications or the nature of the acquisition requires the authority cited.

A. Indicate why only one source can provide the needed service/supply (check all that apply).

The services can only be provided from the original source since this procurement is a follow- on requirement.

The award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition.

The services/supplies are needed immediately in order to satisfy mission requirements.

Other

B. Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here.

Keep in mind that this document is posted and that your judgment may be formally questioned and protested if your justification is insufficient or not valid.

FAR Part 6 to FAR Part 8.405-6(b)(1) - Items Peculiar to One Manufacture ✔

It is the intent of the United States Marshals Service (USMS) to procure brand-specific x-ray equipment for judicial facilities, CONUS and OCONUS, in accordance with USMS JSD-SOP-OSS

1.0 version 2018 and to improve USMS screening training programs.

Using brand-specific x-ray equipment creates a standardization with the USMS screening equipment and will reduce training time, training costs and operator errors associated with using multiple screening equipment makes/models. Using multiple screening machines from different manufacturers, having different types of Operating Systems and user interface and non-identical control panels, creates serious difficulties in operations, specifically identification of threat objects and other errors. Brand specific x-ray equipment will not only provide a streamlined training

6. Description of the efforts to find competition

A. Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. The following issues should be addressed in this paragraph.

B. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

On June 26, 2020, OSC issued an RFI on beta.SAM.gov to obtain industry comments on specific information regarding single and dual generator cabinet x-ray machines and equipment. Three (3) interested vendors (two large business, one small business) responded with information regarding their ability to accommodate the Smiths Detection brand name requirement.

Research was conducted to ensure Smith's x-ray machines are available on GSA Federal Supply Schedules to ensure maximum competition. It was identified that X-rays are available under GSA

MAS.

The specified salient physical and functional features of the X-ray machines included in this requirement are only those features considered minimum to meeting the security and safety requirements of the Office of Security Systems and the Screening Program Equipment Standards and Procedures as stated within USMS JSD SOP No JSD-SOP-OSS-017

The intent is to compete this requirement on MAS using the brand name justification.

7. A determination by the Contracting Officer that the anticipated costs will be fair and reasonable.

Include a statement by the Contracting Officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

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

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fill the government needs with only minor modification.

Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

In accordance with FAR Part 8.404 (d)-Use of Federal Supply Schedules, pricing. Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced either at hourly rates or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair). GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may

On June 26, 2020, OSC issued an RFI on beta.SAM.gov to obtain industry comments on specific information regarding single and dual generator cabinet x-ray machines and equipment. Based on market research and three RFI responses from industry vendors, (large business) and (small business) are the only qualified sources able to provide X-ray machines with the listed capabilities the USMS requires:

Capability #1:

Specifics:

The USMS is seeking brand name Smiths Detection single and dual generator X-ray machines with applicable accessories and iLane Operator Console (monitor and keyboard mobile stand).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition.

Provide any other facts supporting the use of other than full and open competition.

10. A list of sources that expressed, in writing an interest in the acquisition.

The current threat conditions to the Federal Judiciary shall not be openly disclosed.

None.

11. A statement of the actions, if any; the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the required services.

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date.

If there aren't any actions are planned, state such and provide justification. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

When the next procurement is contemplated it shall be procured in accordance with safety and security standards and requirements as set-forth in USMS JSD SOP No. JSD-SOP-OSS-017, Screening Program Equipment Standards and Procedures, therefore the barriers for competition will likely change very little for the x-ray machines that are in production today and for the foreseeable future.

12. Requirement for Certification

I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Justice, US Marshals Service and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. (This signature is the requestor's supervisor, fund control point official, chief of service, someone with responsibility and accountability).

Signature: Date:

Name and Title: Program Office:

13. Contracting Officer Representative Certification (if applicable)

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

Signature:

Name and Title: Date

14. Signature and approval required for requirements regardless of dollar value.

Contracting Officer's Signature:

Name and Title: Date:

15. Signature and approval required regardless dollar value.

Supervisory Contract Specialist:

Name and Title: Date:

07/14/2020

, A-Chief JSD, OSS, Risk Mitigation Branch

07/14/202

07/14/20

Digitally signed by

Date: 35:23 -04'00'

Digitally signed by Date: 09:00:47 -04'00'

, Screening Program Manager

Digitally signed by Date: 2020.07.14 09:31:23 -04'00'

, Contracting Officer

Digitally signed by Date: 16:13:43 -04'00'

, Chief

16. Signature and approval required for requirements between $700,000 and $13.5 million.

Competition Advocate Signature:

Name and Title: Date:

17. Signature and approval required for requirements above $13.5 million.

Head of Contracting Activity:

Name and Title: Date

07/27/202

Digitally signed by Date: 15:23:56 -04'00'

#3 Continued

Roller Table, 1/2 meter, ea, total 20.

Roller Table, 1 meter, ea, total 20.

Roller Table, 2 meter, ea, total 20.

Smiths Detection model 100100v-2is (includes 1-year manufacturer warranty, shipping, delivery, installation, manuals and operator orientation).

Estimated per/unit value is:

Estimated number to be purchased per year: 5

Roller Table, 1 meter, ea, total 5.

Roller Table, 2 meter, ea, total 5.

Smiths Detection model 6046si (includes 1-year manufacturer warranty, shipping, delivery, installation, manuals and operator orientation).

Estimated number to be purchased per year: 10

Smiths Detection model 7555si (includes 1-year manufacturer warranty, shipping, delivery, installation, Estimated number to be purchased per year: 5

Roller Table, 1/2 meter, ea, total 5.

Roller Table, 1 meter, ea, total 5.

Roller Table, 2 meter, ea, total 5.

Services to support machines:

x-ray disposal with new machine delivery: ea, total of 35.

OPTIONAL:

x-ray disposal without machine delivery: ea, total 12.

Installation survey: , total 45.

iLane Operator Console (monitor and keyboard mobile stand): $3,875.00 ea, total 35.

Smiths Detection model 100100v-2is (includes 1-year manufacturer warranty, shipping, delivery, installation, manuals and operator orientation).

Estimated per/unit value is:

Number to be purchased is: 3

Roller Table, 1 meter, ea, total 6.

Smiths Detection model 6046si (includes 1-year manufacturer warranty, shipping, delivery, installation, Estimated number to be purchased: 4

Services to support machines:

X-ray disposal with new machine delivery: ea, total of 12.

Installation survey: , total 14.

#5 continued process, but also decrease associated costs and threat risks.

Effecting the USMS training venue; as a result of procuring more than one manufacturer’s machines, the USMS instructors at the Federal Law Enforcement Center (FLETC) are required to teach the functionality of different screening machines which puts an enormous cognitive load on the machine operators being taught. This doubles the time it takes to train the operators on screening equipment and significantly reduces the hands-on training time which is essential to gaining knowledge and confidence in how the machines operate.

Purchasing brand-specific Smith's Detection x-ray machines will not require re-training of the USMS FLETC instructors, JSIs or current certified machine operators now certified.

Brand-specific screening equipment will standardize operations in the field from one site to another and within the same facility and Districts.

#7 continued seek additional discounts before placing an order (see 8.405-4). Therefore, in addition to the aforementioned, the Contracting Officer shall seek additional discounts before awarding this purchase agreement. The Contracting Officer shall also conduct price analysis through comparison to the IGCE as well as with prices found to be reasonable on previous purchases for the similar items.

#8 continued

Market Research Results:

Of the three vendors that responded to the RFI ( , and ) only and provided the capability to supply the Smiths Detection manufactured machines, applicable accessories, and iLane Operator Console. Each vendor, & , are capable of supplying these items at generous quantities upon award.

A third entity, (large business), provided information that was deemed not capable of meeting the requirement and fulfilling the government need.

Market Research Summary:

Based on the results from the RFI, two vendors responded to the requirement of USMS, one large business and one small business. No other qualified sources exist based on the aforementioned.

#9 continued and orientations on different machines.

The USMS OSS shall utilize the same brand manufacturer with a variety of models used to fit specific facility needs as long as the machine detects to the USMS standards, provides an identical operating system with the same procedures to download and retrieve information while retaining high performance standards in accordance with USMS JSD SOP No. JSD-SOP-OSS-017. Using the same brand manufacturer will ensure the guard force training is cost effective, sustain continuity and standardization, and allow for a single source to assist with all repairs and relocations.