Attachment_R_Justification_for_Other_than_Full_and_Open_Competition (002).pdf

Requisition Number: DJF-22-0700-PR-0003812

Version 2.2 1 of 3

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL

AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (1)

Date: April 6, 2022

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition

Programs Unit (NAPU), has prepared this justification for other than full and open competition for a color FSIS and accessories on behalf of the Latent Imaging Team (LIT) within the Latent Print

Support Unit (LPSU), Laboratory Division (LAB).

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

A one-time, sole source, firm-fixed price contract shall be awarded to Arrowhead Forensics, (Lenexa, KS) for the color FSIS Lab System and accessories. A Notice of Intent (NOI) to Sole

Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to Arrowhead Forensics. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

This color FSIS Lab System, and all accessories are specifically adapted to be used in conjunction with the FSIS systems currently in use by the LIT/LPSU. The FSIS and the accompanying accessories are designed and sold by Arrowhead Forensics for the sole purpose of providing a new

FSIS and optimizing the FSIS as it is used by the LIT/LPSU. The LIT/LPSU already have FSIS in place and requires them to be optimized for use in casework. The products being requested must be the exact products. The FSIS are designed to have components used interchangeably when deployed by HEAT, the disaster squad, or when necessary; therefore, it is essential that LIT/LPSU receive these exact products.

Version 2.2 2 of 3

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 (a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “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.

The FSIS Lab System and its accessories are specifically adapted to be used in conjunction with the current FSIS systems in the LIT/LPSU. The FSIS and the accompanying accessories are designed and sold by Arrowhead Forensics for the sole purpose of providing a new FSIS and optimizing the FSIS as it is used by the LIT/LPSU. The LIT/LPSU currently have a FSIS Lab

System in place and requires optimization of the system for use in casework; therefore, the required products must be exact. The FSIS are designed to have components used interchangeably and when deployed by HEAT, the disaster squad, or when necessary. Only the suggested source can furnish the requirements of the color FSIS and accessories to the exclusion of other sources because Arrowhead Forensics is the sole manufacturer and distributor.

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.

A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to Arrowhead Forensics. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

7. 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.

Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

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

Market Research was completed by examining pertinent specifications and capabilities from vendor websites, reviewing catalogs and other generally available product literature published by manufacturers, distributors, dealers, and recommendations from other technical members of the government and scientific community. The LIT/LPSU currently owns three FSIS that share the same accessories. The requested color FSIS must be compatible with the current FSIS used by the

LIT in order to work with the systems and provide optimization of use in-house and during deployments. Currently Arrowhead Forensics is the sole manufacturer and distributor of the color

FSIS.

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

Version 2.2 3 of 3

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

Please see section three (3) and five (5) above.

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

A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to Arrowhead Forensics. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The actions of LIT/LPSU to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. The Government will continue to research the market to obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that the barriers to competition are avoided to ensure we obtain the best value for the government.