Brand Name Justification (redacted).pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FOR REQUIREMENTS EXCEEDING THE MICRO PURCHASE THRESHOLD BUT NOT EXCEEDING THE

SIMPLIFIED ACQUISITION THRESHOLD

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Any order exceeding the simplified acquisition threshold placed against a multiple award contract, including any Governmentwide acquisition contract (GWAC) that does not provide for fair opportunity (see FAR 16.505(b)(1)) must be justified in accordance with FAR 16.505(b)(2)(ii). For acquisitions exceeding the micro purchase threshold but not the simplified acquisition threshold, this template may be used for this purpose. Note that no justification is needed when fair opportunity will be restricted based on small business set-aside.

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Exception to Fair Opportunity for Requirements NOT Exceeding the Simplified Acquisition Threshold".

Contracting Activity Processing the Requirement: D-26-SS-0006

Name of Organization Originating the Requirement: OFFICE OF FORENSIC SCIENCE

Identification Number (purchase request/solicitation number): AFT Tracking # 2026-SS-0006

2. The nature and/or description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

THIS IS A NEW AWARD.

3. A description of the supplies or services required to meet the agency's needs and estimated value.

Agilent GC/ASAP IRD (GC-IRD) including computer workstation for the analysis of controlled substances and determination of positional isomers.

Total estimated value inclusive of all options: $349,000.00

Period of performance or final delivery date: 7/31/2026

1. Authority: FAR 16.505 (b)(2)(ii)(A)

2. Basis for exception to Fair Opportunity

4. If applicable, explain the justification for restricting competition: the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

Or:

https://www.acquisition.gov/content/part-16-types-contracts#i1104008 https://www.acquisition.gov/content/part-16-types-contracts#i1104008

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Brand Name: Item peculiar to one manufacturer: (A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs):

The DEA laboratory system has developed an analytical method for the analysis of controlled substances and determination of positional isomers utilizing an Agilent GC/ASAP IRD (GC-IRD). The method utilizing this equipment will be used across the DEA laboratory system. This brand name instrument is required to maintain standardization throughout the lab system as per DEA analysis and reporting requirements.

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

Fair and reasonable price determination will be based upon FAR 13.106-3(1).

6. Any other facts supporting the justification.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

The Government will continue to review the market to overcome barriers to competition for future requirements.

C O N T I N U E D O N N E X T P A G E

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Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ___________________________________ Date ___________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Limited Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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Reviews and Approvals

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

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) ____________________________________ Date _______________ Signature https://www.ecfr.gov/cgi-bin/text-idx?SID=2a2e815080eb0d8886542a3d1645cf13&mc=true&node=pt48.6.2806&rgn=div5#se48.6.2806_1304