Brand_Named_Only_FIS_Equipment.pdf

FEDERAL BUREAU OF INVESTIGATION

•::.s:

FINANCE DIVISION I 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)

Requisition Number: DJF-21-1800-PR-0002862

Date: 29 April, 2021

Estimated Contract Dollar Value: _

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition Program Unit (NAPU), has prepared this justification for other than full and open competition for Fiber Instrument Sales Fusion Splicer Active Clad Kit on behalf of the ET Operations and Development Unit, Operational Technology Division.

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

This is a Sole Source purchase of the FIS Fusion Splicer Active Clad Kit made by Fiber Instrument Sales Inc. The field Electronic Technician (ET) inventory consists of these exact devices. EODU/ ET Training, is tasked to provide instruction in the operation and maintenance of the FIS Fusion Splicer Active Clad Kit. These kits are required to instruct students in their operation and use.

This procurement will be advertised on the beta.SAM.gov website as a brand name only, open market, and requirement. Authorized resellers of the FIS products will be encouraged to submit a competitive quotation. The resultant contract is intended to be awarded as a one-time, firm-fixed price, purchase order.

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

Technical training delivered to technicians and performed on the Fiber Instrument Sales Fusion Splicer Active Clad Kit require the exact model, capabilities, options, and characteristics limit the availability to a sole source. Only this suggested source can furnish the requirements, to the exclusion of other sources, to meet training requirements. This exact equipment is being supplied to Field Office technicians by FFD in support of Field Office and RA office constructions, which has required the need for training.

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

The statutory authority permitting other than full and open competition is 10 USC2304(c) (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." - Application for Brand Name.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

This exact equipment is being supplied to Field Office technicians by FFDin support of Field Office and RAoffice constructions, which has required the need for training. The manufacturer is the sole source of production for the Fiber Instrument Sales Fusion Splicer Active Clad Kit.

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.

Competition is anticipated for this acquisition in the form of a brand name only request for quote, to be published on beta.sam.gov, and set-aside for small businesses. In accordance with FAR 5.301, this action will be synopsized on beta.sam.gov and the Brand Name Justification will be made publicly available.

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 Fiber Instrument Sales Fusion Splicer Active Clad Kit is quoted at a unit price of _. The manufacturer was identified as being able to fill the entire order of 48 units at a total cost of _. A quote from the manufacturer is included with this Purchase request.

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

Market Researchwas conducted to determine a cost estimate and to identify authorized Fiber Instrument Sales Fusion Splicer Active Clad Kit resellers. The manufacturer was identified as being able to fill the entire order and sole supplier of the kit provided to FBI Field Office technicians. A quote from the manufacturer is included with this Purchase request.

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

Technical specifications were supplied with the cost estimate. The quotation from the manufacturer demonstrates how the estimate was derived. Technical training delivered to technicians and performed on the Fiber Instrument Sales Fusion Splicer Active Clad Kit require the exact model, capabilities, options, and characteristics limit the availability to a sole source.

Only this suggested source can furnish the requirements, to the exclusion of other sources, to meet training requirements. This exact equipment is being supplied to Field Office technicians by FFDin support of Field Office and RAoffice constructions, which has required the need for training. Any deviation from the type or model of kit purchased would require significant cost to the FBIto retool classroom operations and training curriculum due to the use of dissimilar equipment.

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

Since the procurement 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.

The Government will continue to research the market to obtain as many available sources as required in accordance with the FARto ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that barriers to competition are avoided to ensure we obtain the best value for the government.

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