DSU JOFOC Tecan.pdf

Requisition Number DJF-22-0700-PR-0001714

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FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (1)

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Date: March 10, 2022

Grand Total: ___________________

1. Identification of the agency and contracting activity.

The Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU) has prepared this justification for other than full and open competition for the DNA Support Unit

(DSU), Biometrics Analysis Section (BAS), 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.

The proposed contract action shall be a one-time, firm-fixed price, open-market, sole-source, commercial product contract to Tecan U.S., Inc., 9401 Globe Center Drive, Morrisville, North

Carolina, 27560 for one (1) Fluent 480 Automation Workstation.

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

In order to support routine evaluation and validation activities, the DSU is in need of one (1)

Tecan U.S., Inc. Fluent Liquid Handler to replace a Fluent Instrument that is at the end-of-life.

Both the hardware and the software components of the existing Tecan Automation Workstation, although compatible with Windows 10, will not perform optimally under the new Tecan operating system, which we are mandated to upgrade to. The Tecan Fluent Liquid Handling

Automation system is the latest model that will be validated to perform the current pre-amplification sample processing workflows. The new technology incorporated into this instrument will not only refresh the current equipment but will provide improved precision, accuracy, and reproducibility, to day to day operations along with maintaining compatibility with the Laboratory Information Management System (LIMS), and the Sample Tracking and Control

System Software (STACS).

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

For purposes of this acquisition, the statutory authority permitting other than full and open competition is delineated at 41 U.S.C. 3304 (a) (1) and implemented at FAR Part 6.302-1, 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.

Tecan U.S., Inc. is the sole manufacturer and distributor of the Fluent 480 robotic system and the

Fluent Gx Assurance software. Therefore, Tecan is the only company capable of providing the equipment, software, manufacturer’s warranty, and installation services needed by the FBI.

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.

The FBI will publicize this sole-source requirement on the betaSAM.gov website. This announcement 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.

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 Contracting Officer will use historical data and techniques in FAR Part 15.404-1 to determine pricing is fair and reasonable prior to award.

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

Research was done by examining pertinent specifications and capabilities from vendor web sites, reviewing catalogs, and other generally available product literature published by manufacturers, distributors, and dealers and recommendations from other technical members of the government and scientific community. Market research revealed that Tecan is the sole manufacturer and distributor/re-seller of the Fluent 480 Automated Workstation within the United States of

America, and the only company capable of providing the services required by the FBI.

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

See section 5 above.

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

No other companies have expressed an interest. .

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

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10. 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 monitor the marketplace in an attempt to identify new sources that capable of meeting this requirement and future acquisitions. For new requirements, the FBI will conduct a thorough review of the marketplace to identify and remove any barriers to competition, so that competition can be achieved to the maximum extent practicable.

Reviews and Approvals (Not exceeding $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

Contracting Officer:

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

Bryan Lane Date bvlane@fbi.gov mailto:bvlane@fbi.gov