Cabinet_Xray_TEU.pdf

FEDERAL BUREAU OF INVESTIGATION

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)

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD: $250,000.00

Requisition Number: SHOP-PR-24-002449

Date: 24 May 2024

Estimated Contract Dollar Value: $_____________

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Procurement Section (PS), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition for Creative Electron, Inc. TruView Fusion X-ray Inspection System on behalf of the Trace Evidence Unit (TEU), Laboratory Division (LD).

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 the FBI to award a one-time, sole-source, open-market, firm-fixed price purchase order (PO) to Creative Electron, Inc., [CAGE Code 54S43], 201 Trade Street, San Marcos, California, 92078 for one (1) TruView Fusion X-ray Inspection System. In addition, this requirement includes onsite installation and training services; shipping charges to Quantico, VA; shipping insurance; an extended warranty; and a three-year preventative maintenance (PM) package.

The FBI needs to replace an X-ray system that was severely damaged by flood waters on February 12th, 2024. This damaged X-ray cabinet system was procured on May 27th, 2010, via PO No.

DJFA0C1008900.

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

The FBI Laboratory has a requirement to purchase an X-ray System for the Trace Evidence Unit (TEU).

The Anthropology Group of the TEU requires an X-ray System for the analysis of skeletal material.

Without this instrument, there will be a significant loss of the ability to determine the origin of possible skeletal material and various examinations that require X-ray analysis.

The minimum technical requirements of the X-ray system:

• Minimum X-ray image detector of 31cm x 31cm with 16-bit 65,536 shades of gray discernability

• X-ray source of 130kv

• Ability to move sample while using the system along x, y, and z axis

• Ability for X-ray live feed with minimum fast imaging of 30FPS and continuous zoom

• System computer with Windows Professional

• Shielded cabinet

• Cabinet will have caster wheels to facilitate system portability

• System operating software

• Onsite system installation

• Set up X-ray source and detector within cabinet to customer configuration

• FDA compliant

• Onsite system training for ten (10) FBI Laboratory employees

• Dual monitors for image viewing

• Manufacturer warranty with preventative maintenance

• Provision and shipment of new system to LD

• Image saving capability at any time during evaluation process

• Project browser must catalog all images

• Software must be able to generate and print data reports

• Software must be able to generate movie files of live feed examinations

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.

Creative Electron, Inc. is uniquely qualified to provide the TruView Fusion X-ray Inspection System to the FBI because they are the only vendor that manufacturers an X-ray cabinet system that combines the following capabilities that are necessary for evidentiary examination:

• Minimum X-ray image detector of 31cm x 31cm with 16-bit 65,536 shades of gray discernability

• Ability to move sample while using the system along x, y, and z axis

• Ability for X-ray live feed with minimum fast imaging of 30FPS and continuous zoom

Creative Electron, Inc. is a Disadvantaged and Minority Owned Small Business.

The TruView Fusion X-ray Inspection System is Made in the United States of America, (USA).

Creative Electron, Inc. designed and developed a unique software solution for the TruView Fusion X-ray system, (TruView 12 Standard software).

Creative Electron, Inc. offers a three-year extended warranty. [To get this extended warranty, the

Radiation Safety Survey and Preventative Maintenance (PM) package for years two (2) and three (3) must be purchased with the X-ray system.]

The TruView Fusion X-ray Inspection System includes the following complimentary upgrades/options:

3131 Detector Upgrade; Dual Screen Setup; and Sample Rotation.

The TruView Fusion X-ray Inspection System is solely manufactured and repaired by Creative Electron, Inc. There are no authorized third-party resellers/facilities. Moreover, there are no authorized third-party vendors for training or operational support. Additionally, Creative Electron, Inc. is the only source for warranty coverage.

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 award a sole-source contract to Creative Electron, Inc. will be posted on the SAM.gov website. 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 included internet searches of other manufacturers X-ray system capabilities; direct contact and technical presentations from a couple of X-ray companies, (including with the manufacturer of the current X-ray system that the FBI needs to replace); and direct telephone conversations with additional vendors. A capability review of two (2) other X-ray cabinet systems located within the FBI’s Laboratory was also conducted. Creative Electron, Inc. is the sole manufacturer and distributor of the TruView Fusion X-ray Inspection System.

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

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

X-ray systems other than the TruView Fusion X-ray Inspection System either do not provide similar X-ray features, (such as live-feed capability with continuous zoom), or do not allow the range of sample movement across the X-ray detector, (which allows scanning of evidentiary material and minimization of image distortion). Acquiring an X-ray system without these full range of capabilities will harm the government by limiting the type or quality of evidentiary examination performed by the FBI’s Laboratory.

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

A synopsis will be posted on the SAM.gov website. This synopsis will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities and cost information.

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

The FBI will continue to conduct market surveys and research available through industry shows and technology releases in the form of papers and journals. This will be used to identify potential sources for subsequent acquisitions.

Reviews and Approvals (up to $750,000.00)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Date Physical Scientist Trace Evidence Unit (TEU) Quantico, Virginia

Contracting Officer:

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

Bryan Lane Date National Acquisition Programs Unit (NAPU) bvlane@fbi.gov Quantico, Virginia mailto:bvlane@fbi.gov