FBI QDU bvl SAM.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE 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) (1)

LESS THAN THE SIMPLIFIED ACQUISITION THRESHOLD ($250,000.00)

Requisition Number: SHOP-PR-24-001269

Date: 19 August 2024

Estimated Contract Dollar Value: $__________

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisitions Program Unit (NAPU) has prepared this justification for other than full and open competition for a Visible and Near-infrared (VNIR) Hyperspectral Imaging (HSI) System on behalf of the Questioned Documents Unit (QDU), 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.

In accordance with a statutory exception to the fair opportunity process, the FBI contemplates the award of a one-time, sole-source, firm-fixed-price contract to Pembroke Instruments, LLC, [CAGE Code 58PQ8], 120 Stanford Heights Avenue, San Francisco, CA, 94127 for a Visible and Near-infrared (VNIR) Hyperspectral Imaging (HSI) System. This requirement will be awarded on an all or none basis as a commercial item under the procedures at FAR Parts 12 and 13.

The North American Industry Classification System Code (NAICS) is 334516, Analytical

Laboratory Instrument Manufacturing, with a small business size standard of 1,000 employees.

Pembroke Instruments, LLC is a small business.

The QDU needs to replace their current VNIR HSI system with a new system, as the current model is reaching the end of its useful life cycle, and the manufacturer/vendor is no longer in business. The current HSI system was procured under Purchase Order (PO) Number DJF-17- 1200-P-0005120 on June 8th, 2017. The current system is a ChemImage HSI Examiner 200 QD system which enables hyperspectral imaging in the ultraviolet (UV), visible (VIS) and near-infrared (NIR) wavelength ranges while the sample to remain stationary and the instrument scans through the wavelengths using a liquid-crystal tunable filter.

The current VNIR instrument is actively used in forensic casework by stakeholders in the scientific disciplines of questioned documents and footwear examinations to analyze evidence by providing images that enable hidden or obliterated information to be uncovered or alterations to be revealed. This instrumentation can also be utilized by the LD’s Chemistry Unit (CU) for ink chemistry and future document chemistry as well.

Hyperspectral imaging is a vital component of examining charred and water-soaked documents, antiquities, and memorabilia as well as uncovering obliterated handwriting and/or printing and revealing alterations. This technique has been used for more than ten (10) years in the QDU and represents a unique and elevated capability compared to other forensic laboratories. Past casework and research have established the additional discrimination capability that hyperspectral imaging has over commonly used video spectral analysis.

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

The requirement is to provide a Visible and Near-Infrared (VNIR) Hyperspectral Imaging (HSI) System. The delivery location is the FBI Laboratory located in Quantico, Virginia, 22135 and the estimated shipping date is 30 weeks after receipt of order (ARO).

This Pembroke instrument is a new macroscopic hyperspectral imaging system that is suited for the laboratory benchtop that meets and/or exceeds the following minimum technical requirements.

Requirements Minimum Threshold Goal Notes Spectral

Spectral range 400 – 1000 nm

Spectral sampling < 5 nm < 3 nm 400-1000 nm

Spectral response function < 6 nm < 4 nm 400-1000 nm

Transmission 50% > 50%

Imaging

F-number of spectrometer < 8 <4

F-number of fore optic range

Minimum is the F-number of spectrometer. Max > 8

Minimum area the camera/scanner must image in one collection cube

50 x 50 mm >100 x 100 mm

Spatial sampling at minimum area the camera/scanner must image in one collection cube

0.1 x 0.1 mm 0.05 x 0.05 mm Per pixel

Spatial response function 2 pixels 1/2 pixel

Mechanical scanning Internal scanning mechanism to leave object and camera stationary

Internal scanning mechanism to leave object and camera stationary

Working distance ≥200 mm Bench top lab setting

Illumination System

DC regulated power source required

Lux < 10,000 lux < 5000 lux

UV < 75 microwatts/lumen see AIC Guide to Digital Photography and Conservation Documentation, 2nd edition, 2011

Thermal The change in temperature of the object should not increase by more than 2 Celsius during time of focusing and acquisition.

Performance

Signal bit depth 12 bits 16 bits

Range in reflectance Max, min

100%, 0.01% After calibration to reflectance standard stdev for 100% reflector 0.8% (125:1 SNR) 0.4% (250:1 SNR) Small ROI (~20 pixels) at 650 nm stdev for 10% reflector 2.5% (40:1 SNR) 1.25% (80:1 SNR) Small ROI (~20 pixels) at 650 nm

Area rate coverage 2 mm2/sec 20 mm2/sec

In addition to the technical specifications listed above, the system should also include:

• Live video scene framing and focusing.

• Capability for fine adjustments for zoom, focus, contrast, and brightness

• Inclusion of appropriate light sources and mounting equipment to reach the desired signal-to-noise ratio

• Tripod, photo stand, and/or other appropriate support to hold camera and lighting, ensuring image capture is vibration free.

• Platform that allows for positioning of samples, if needed

• System set up should not restrict placement and movement of specimens that are three dimensional and/or larger than a standard U.S. sized piece of paper.

• Software must be provided for data capture and analysis.

• The vendor should provide on-site set up of equipment.

• Training should be provided in how to operate the hardware and software.

• Data captured as a hypercube that can be saved in its entirety (not single frame snapshots) to allow for additional image and spectral processing.

• Data recorded in open format to allow for third-party analysis software.

• Computer & monitor (no wireless communications)

• Windows 11 or newer operating system

• USB port for transfer of data

Hyperspectral imaging is a technique used to capture and analyze the spectral information of a scene or object. Unlike traditional imaging techniques in the visible range, which capture images in only three spectral bands (red, green, and blue), hyperspectral imaging captures data across hundreds of continuous spectral bands covering the visible and infrared bands of the electromagnetic spectrum. These images are combined into a hyperspectral data cube or image cube. In hyperspectral imaging, each pixel in an image contains information about the emission, reflectance, or transmission of light at different wavelengths. This information can be used to identify and distinguish between materials, identify chemical compositions, and analyze the physical properties at all points of the scene or object being imaged.

System performance, specifically sensitivity, and the ability to visually discriminate relevant materials, (i.e., ink, toner, carbon, etc.), are an important foundation for this imaging system.

Significant consideration is given to ease-of-use of the system hardware and software, as users are not all expected to have engineering or system design experience and do not have knowledge of software coding nor expertise in spectroscopy.

This requirement includes on-site installation and training services.

Service/repair of the equipment should be provided within a reasonable amount of time (2 – 5 business days), and on-going support is expected. Knowledgeable service engineers must be geographically located for on-site repair within 2 – 5 business days of the Quantico-based FBI Laboratory facility for installation and emergency repair work. (Note: The service technician(s) will be required to successfully complete all appropriate security clearance forms and will be required to submit a DNA sample as they will be working in laboratory space). The technician(s) shall provide the appropriate equipment to safely deliver and install the equipment.

The technician(s) will install the instrument between the hours of 7:00 AM and 4:00 PM, EST, Monday through Friday, excluding Federal Holidays. After installation of the instrument, the instrument must be in full working order. If the instrument is not in full working order, then either a new instrument shall be delivered and received within 45 days, the instrument shall be repaired and placed in working order within 45 days; or a refund of the purchase price, including delivery and installation, shall be required.

All documents (both hard and soft copy) that are produced during the installation and/or maintenance by the technician(s) for the government shall be considered government property and shall be provided back to the government.

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

The statutory authority permitting other than full and open competition is Title 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.

Pembroke Instruments provides the only global visible/Near-infrared hyperspectral imaging system that meets the technical, performance, and usability requirements of the FBI Laboratory’s Questioned Documents Unit (QDU). Pembroke’s GRAND-EOS VNIR system is a laboratory bench-top instrument that includes a micro and macro hyperspectral imaging capabilities complete with the necessary stationary sample stage, lighting, filters, camera, as well as data acquisition and processing software. Based on product demonstrations, the hardware and software are easy to use and does not require knowledge of complex spectroscopic acquisition and data processing techniques. Based on technical specification review and sample testing the GRAND-EOS VNIR system meets the FBI Laboratory’s QDU performance needs for relevant forensic document examination applications. The main advantage of GRAND-EOS is primarily the fact that it provides both high spatial and spectral resolution.

Several other HSI systems were evaluated as part of the market research, however none of the other systems meet the FBI Laboratory’s QDU collective technical, performance, and usability requirements. Specifically, the other systems require the sample to move, do not include light sources necessary for laboratory setting, require third party software for data processing, and/or do not meet the technical requirements as outlined.

Pembroke’s GRAND-EOS VNIR system uses a global hyperspectral imaging approach which is preferred, as this is the technique that has been historically used in the FBI Laboratory’s QDU.

Other vendor systems use a point-scanning approach or a line-scanning system, (ideal for manufacturing lines), that requires the sample or the camera(s) to move. Movement of the sample is undesirable for this application, as it requires additional space for the sample/camera to raster on a tabletop and can be complicated for round samples that may move (e.g., baseballs, pipes), fragile samples (e.g., charred documents), or samples contaminated with white powders.

Pembroke’s GRAND-EOS VNIR system also includes the necessary light sources ideal for a laboratory setting. Some of the other HSI systems have been designed for outdoor use and would require procurement of light sources and equipment to set up and control the lighting.

Pembroke’s GRAND-EOS VNIR system includes data acquisition and basic analysis software, which is not provided with many other vendor’s systems. Most systems rely on third-party software to process raw image files, which requires procurement of additional, costly software.

The following specifications are exclusive for Pembroke’s GRAND-EOS VNIR system and they cannot be found in other hyperspectral systems in the commercial market;

• The proposed solution is based on unique and patented highly efficient (> 90% non-polarized) diffraction Volume Bragg Gratings (VBG) providing very precise non-polarized narrow band wavelength selection.

• This technology is ideal for hyperspectral imaging in either the visible VNIR and SWIR (400 – 1650 nm) spectral range.

• Pembroke’s VBG technology is designed for area spectral imaging which allows the acquisition of the signal coming from the entire field of view under the microscope, wavelength after wavelength. That allows the equipment to acquire very fast high resolution hyperspectral images (i.e. data cubes) out of the sample.

• The resolution of the hyperspectral images is less than 5 nm in the VNIR spectral range.

• PHySpec, Photon etc’s software, also provides intuitive analysis tools for hyperspectral data and, comes with a sequencer, as well as unlimited free licences.

The acquisition of Pembroke’s Visible and Near-infrared (VNIR) Hyperspectral Imaging (HSI) System includes:

• GRAND-EOS VNIR System, [Global Hyperspectral Camera; Hyperspectral Imaging Filter; Macro-imaging (wide field) setup; VNIR; White light illumination; Software]

• Option for 160 x 160 mm FOV

• On-site Installation and Training Services; Quantico, Virginia

• Freight and Shipping Insurance

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 the notice of intent to award a sole-source contract on the SAM.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.

Pembroke’s GRAND-EOS NVIR is the only system that has been identified to meet the technical, performance, and usability requirements. Market research included consulting with current users of various systems, industry trade shows, professional organizations, online research, and a request for information process.

In the past, the FBI procured a hyperspectral imaging system for the QDU via a sole-source contract. However, that vendor that provided the necessary system is no longer in business https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990 and this product is no longer available for purchase, or to be serviced. A new solution must be identified. A Request for Information (RFI) was posted at SAM.gov to obtain additional market information and to assess the performance of the various systems.

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.

Before awarding a contract, the Contracting Officer will perform a determination of price reasonableness in accordance with FAR 13.106-3.

Most of the vendors sell their products wholesale, though some may use distributors/resellers.

The demand for these products is specialized and equipment is built on demand instruments are made to order given their cost and sophistication. Other customers of hyperspectral imaging technology include the defense, manufacturing, agriculture, food, and environmental sectors. The technology has been around for more than 40 years but continues to rapidly mature as the sensitivity of cameras improves and novel optical designs are implemented.

Unbundling is not a viable option due to the sophistication of the instrumentation and the need of the components to seamlessly communicate with each other. Though separate software for data processing is needed to analyze data captured using this technology.

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

Market research was conducted using commercial manufacturer websites; technical calls with presentations; industry trade shows; internal requirement meetings; consulting with current users of various systems; and a request for information process which yielded potential vendors.

Initially, other government users of hyperspectral imaging systems were consulted including the FBI’s Operational Technology Division, the Smithsonian Institute’s National Gallery of Art, and the U.S. Army’s Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance and Reconnaissance (C5ISR) Center to gather information regarding the systems, vendors, and applications for which their systems are used. Additionally, professional organizations such as SPIE (formerly the Society of Photographic and Instrumentation Engineers) which is the international society for optics and photonics has past exhibitors listed on their website, which provided a listing of potential vendors. Online research was conducted to gather information about these and other vendors/products, which were publicly available, about recommended products and their competitors. Requests were made directly to various vendors regarding their products, specifications, applications, and cost.

After a thorough review, it was determined that Pembroke’s GRAND-EOS NVIR System is the only instrument that has been identified to meet the QDU’s technical, performance, and usability requirements.

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

Pembroke Systems, LLC, as stated earlier, is the only vendor that was able to satisfy the Government’s requirement. If another system is selected, QDU would not be able to perform certain types of casework, including detecting alterations, uncovering obliterations, examination of charred and/or water-soaked documents, and more. This would result in a hindrance of QDU’s ability to perform forensic analysis of certain types of evidence, as previously detailed, limiting our ability to deliver on our mission to support the FBI investigations.

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

A Request for Information (RFI) was posted on February 7th, 2024, (Notice ID FBIQDU2024), and multiple companies responded to this RFI. Lots of other HSI systems were evaluated that did not meet QDU’s technical requirements; specifically, the spectral sampling, spectral response function, camera bit depth, signal-to-noise ratio, and thermal sensitivity.

A Notice of Intent (NOI) 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 on subsequent acquisitions.

Currently, additional subsequent acquisitions for this type of system are not planned. If it occurs, market research will be conducted for other systems capable of satisfying the Government’s requirement.

Reviews and Approvals (up to $750K)

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 Supervisory Document Analyst Questioned Documents Unit 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 Quantico, Virginia bvlane@fbi.gov mailto:bvlane@fbi.gov