Justification_for_Exception_to_Fair_Opportunity.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Revised 2/25/2019 1

In accordance with the requirements of FAR 16.505(b)(2), an Exception to Fair Opportunity is justified by the following facts and rationale:

1. Identification of the agency and the contracting activity.

Contracting Activity Processing the Requirement: Office of Acquistion and Relocation Management

(FA)

Name of Organization Originating the Requirement: Office of Domestic Operations (OM)

Identification Number (purchase request/solicitation number): D-19-OE-0038

2. The nature and/or description of the action being approved:

Issuing a sole source Purchase Order.

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

Seven (7) VIKEN DETECTION HBl-120. A portable Hand Held X-Ray Imaging System (Scanner) to be used by DEA Special Agents/ Task Force Officers in the course of ongoing investigations to broaden the inspection/Search of concealed compartments used for the concealement of illicit contraband.

Period of performance or Total estimated value: 295,400.00 final delivery date: 60 Days ARO

4. Identification of the exception to fair opportunity: (Check the justification for fair opportunity and provide a narrative explanation for why the justification applies)

a. An exception to fair opportunity is justified because:

The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

It is necessary to place an order to satisfy a minimum guarantee.

For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3).

b. Provide a narrative explanation for why the justification applies:

https://www.acquisition.gov/content/part-16-types-contracts#i1104008 http://uscode.house.gov/ https://www.acquisition.gov/content/part-19-small-business-programs#i1101771

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HBl-120 the only handheld backscatter x-ray imager on the market with dimensions that do not exceed 24 cm x 22 cm x 17 cm to facilitate operation in confined areas of motor vehicle interiors which would not be possible with a larger system. These dimensions also facilitate operation in confined areas beneath motor vehicles which would not be possible with a larger system. The Viken Detection instrument is the lowest weight handheld backscatter x-ray instrument available, with the display built into the body of the device; it therefore does not have the inconvenience of a clip-on attachable or detachable tablet. A detached display requires a second operator, while a clip-on attachable display adds additional bulk, weight and size to the exterior of the unit, could fall off, and also be difficult to see images while taking scans. With our smaller sized unit, the operator can view the display and see the image in real time during scanning. The user does not have to depend on Bluetooth or other wireless communications with a separate tablet to be working in order for the instrument to work. Our handheld x-ray unit is the only one that uses a flexible, fully-supported operating system that is integrated into the scanning unit - without the use of a separate, or attachable/detachable system-control tablet that requires a wireless connection to remain intact. Also, there is no proprietary software suite to learn in order to use the instrument. While other x-ray backscatter imagers are available, the HBl-120 is the first ever handheld imager that can scan up to a square foot per second with only SW of power, and still produce high-contrast backscatter x-ray images of concealed threats through steel vehicle fenders, steel doors, bumpers, exhaust manifolds, dashboards, seats and tires. It can also be used to find concealed threats behind walls, in shipping containers, and in boxes and packages. By producing high-quality images while operating at the lowest wattage available on the market, we provide the smallest, lightest, and safest unit on the market.

5. In accordance with FAR 15.404-1(b)(2), the anticipated cost to the Government is determined to be fair and reasonable for the following reasons:

In accordance with FAR 15.404-1-(b)(2)(ii) comparision with proposed prices to historical price paid by the government or other than the government for the same of similar items. Previously DEA found Purchase Order 15DDHQ18P00000835 to be fair and reasonable with the price of $42,000.00 per unit. The vendor is matching the price of $42,000.00 per unit.

6. Any other facts supporting this justification:

N.A.

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 Program Office and Contract Support Specialist will continue to monitor the industry to see if a technically comparable productsbecomes available in the market.

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https://www.acquisition.gov/content/part-15-contracting-negotiation#i1106135

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Certifications

“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, are accurate and complete to the best of my knowledge and belief.”

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

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

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

Reviews and Approvals

Competition Advocate ____________________________________ Date _____________ (if over $700,000) Signature

Chief, FAC ___________________________________ Date _____________ (if over $700,000) Signature

CC Legal Counsel ___________________________________ Date ______________ (if over $700,000) Signature

Bureau Procurement Chief (if over $700,000 per ___________________________________ Date ____________ JAR 2806.304) Signature

Head of Contracting ___________________________________ Date ____________ Activity (if over $13.5M) Signature

Senior Procurement __________________________________ Date ____________ Executive (if over $68M) Signature https://www.ecfr.gov/cgi-bin/text-idx?SID=f8337f4bccbc800c7a749f5faa76b624&mc=true&node=pt48.6.2806&rgn=div5#se48.6.2806_1304