Brand_Name_Justifictaion-Mystaire.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE and FACILITIES 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) (X)

Requisition Number: Insert Requisition Number

Date: March 30, 2023

Estimated Contract Dollar Value: XXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Scientific and Biometrics Analysis Unit (SBAU), has prepared this justification for other than full and open competition for three (3) counter-top cyanoacrylate fuming chambers on behalf of the SBAU, Laboratory Division.

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

It is the intent of SBAU, Laboratory Division, to acquire a firm fixed price contract for three

(3) counter-top cyanoacrylate fuming chambers. This acquisition is restricted to the following source:

Company: Mystaire Company Address: 1200 Telecom Drive, Creedmoor, NC 27522 Company Point of Contact and Phone Number: Dustin Baskett, 919-229-8511

The total estimated price for three (3) counter-top cyanoacrylate fuming chambers purchased from Mystaire is $XXX and the lead time is eight to ten weeks from the date of purchase.

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

The cyanoacrylate fuming chamber is used to detect latent prints on items of evidence. The latent print units within the FBI Laboratory, which include SBAU and LPOU, utilize the microburst method of cyanoacrylate fuming. This method requires a high temperature hot plate as specified below.

The specific technical requirements that are required for the cyanoacrylate fuming chamber are as follows.

Counter-top design (Model CA-3000-50 (Mystaire) with external dimensions not to exceed 40” W and 54” H

High temperature hotplate capable of reaching temperatures of at least 600 degrees Fahrenheit.

Mechanism for humidifying the interior of the chamber to a relative humidity level of at least 70%

Internal humidity sensor

Ability to adjust chamber settings including temperature, humidity level, fuming time, and purge time

Digital display

Internal filtration system for removal of cyanoacrylate fumes from the chamber (i.e.

carbon filters)

Carbon filter and pre-filter (one each per chamber purchased)

Internal circulation fan(s)

Main door locking mechanism that engages during fuming and purge cycles to prevent accidental exposure to cyanoacrylate fumes

Interior constructed of powder coated aluminum and/or stainless steel

Rods for hanging evidence within the chamber

Clips for hanging evidence within the chamber

Chamber must have previously passed internal FBI laboratory validation process to ensure continuity of operations and eliminate need for additional training of personnel

Manufacturer must offer a service plan that includes onsite repair, maintenance, and calibration of the chamber. Phone/email support is not sufficient to meet the need

The estimated total for the chambers is XXX

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 6.302-1 entitled, “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.

Mystaire is the manufacturer and sole distributor of the Mystaire cyanoacrylate fuming chamber and is technically qualified to provide onsite technical support, calibration services, and repair/maintenance services for an additional cost. SBAU contracts with Mystaire to utilize these services in order to meet accreditation standards and ensure this critical equipment remains in good working order.

The Mystaire fuming chamber was successfully validated for use by the FBI Laboratory Friction Ridge Discipline and meets all relevant quality assurance requirements for use during evidence examinations. Mystaire is the only vendor that can provide a cyanoacrylate fuming chamber that meets the above technical requirements stated in section 3. The item is available on GSA.

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.

Market research was conducted and no other potential company besides Mystaire was located that will satisfy the requirements of SBAU. Another company, Arrowhead Forensics, does distribute another product manufactured by LabConco and a quote was received. However, this product did not meet the technical requirements because neither Arrowhead Forensics nor LabConco provide a service plan that includes onsite visits. Market research was conducted via phone calls, emails, forensic science conference attendance, and internet searches.

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.

The total estimated price for three (3) counter-top cyanoacrylate fuming chambers purchased from Mystaire is $XXX and the lead time is eight to ten weeks from the date of purchase. Due to the unique specifications of the required equipment, only one vendor was found that can satisfy the requirement.

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

Scientific and Biometrics Analysis Unit personnel regularly review scientific literature, attend product seminars, perform internet-based research, and communicate with vendors to ensure it has the most appropriate equipment and products available to perform examinations pursuant to the TEDAC mission. SBAU personnel are intimately familiar with the vendors who offer this equipment as well as other vendors who offer other equipment within the forensic science arena.

No other vendor has been located that can provide this equipment.

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

The preferred supplier for this purchase is Mystaire for the following reasons.

Lower overall purchase price which falls within SBAU FY23 budget constraints

Mystaire, as manufacturer and distributor, is technically qualified to provide onsite technical support, calibration services, and repair/maintenance services for an additional cost. SBAU contracts with Mystaire to utilize these services in order to https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990 meet accreditation standards and ensure this critical equipment remains in good working order. Arrowhead Forensics cannot provide these services as they are a distributor, and the manufacturer (LabConco) does not provide onsite services (technical support is provided via telephone/email which is not sufficient). SBAU must rely on a third party vendor for calibration of Arrowhead Forensics chambers and repair\maintenance falls on SBAU personnel. No third party vendor has been located who offers a LabConco chamber service plan and/or possesses the technical expertise to do so.

Mystaire equipment has proven reliable given its past performance with infrequent routine maintenance and minor repairs performed by the vendor during onsite visits. The onsite service plan provided by Mystaire is essential to SBAU to keep this critical equipment working efficiently. In contrast, multiple Arrowhead Forensics chambers have required repair including part replacement at least four times within the past year as well as more frequent and laborious routine maintenance that had to be completed by SBAU personnel. The increased occurrence of repairs and maintenance led to extended downtime of the LabConco chambers when compared to the Mystaire chambers. This delayed the completion of casework as the LabConco chambers were more frequently offline. Additionally, tasking SBAU personnel with the chamber repairs also led to extended downtime of the LabConco chambers as SBAU personnel lack the technical expertise necessary to diagnose issues quickly and replace parts efficiently.

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

Market research has not identified any other sources that can satisfy this requirement.

Since this requirement was not advertised, no other companies have expressed an interest either orally or in writing.

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

Open competition is not planned for this requirement due to the uniqueness of the equipment. If another company in the future is authorized to distribute this equipment or if another piece of equipment is deemed more beneficial, the sole source requirement will be re-evaluated.