Final_Attachment_M_-_JA_UNCLASSIFIED_PR-1493 - For NOI on SAM.gov.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) (X)

Requisition Number: DJF-23-0700-PR-0000476

Date: 10/12/22

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI) has prepared this justification for other than full and open competition for maintenance, re-install, training and additional components required for the Markes thermal desorber unit (UNITY-xr) on behalf of the TIEDS Center, Laboratory 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 new sole source requisition from Markes International, Inc. that is a fixed price to include labor for preventative maintenance and installation, onsite familiarization, applications training and materials. The period of performance for the preventative maintenance will be for one (1) year.

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

The requirements are for the relocation and installation of an existing Markes International, Inc.

TD unit onto a new instrument. A preventative maintenance contract is also required to get the unit up and running and ensure it functions correctly when hooked up to the new instrument.

Onsite training and familiarization will also be required to ensure the chemists are operating the unit correctly and effectively. Additional parts for the TD unit including a chemical weapons focusing trap (for UNITY-xr), ULTRA-xr 100 tube autosampler with automated outlet recollection, and empty, inert coated tubes are also required for operation of the unit.

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.

Markes International, Inc. is uniquely qualified to provide these services to the FBI-TIEDS Center because they are the manufacturer of the existing TD unit owned by TIEDS that needs to be installed on a new instrument. In addition, the components that are required to upgrade the unit for sample analysis, such as the Unity-xr focusing trap, are only made by this manufacturer and are required for the instrument to function accordingly. The preventative maintenance must also be performed by the same manufacturer in order to void any coverages that are existing or needed in the future.

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.

Other sources were not solicited because award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition (see FAR 6.302-1(ii)(A). A sole source acquisition is justified 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.”

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 estimated cost is as acquired through market research. The Contracting Officer has determined the anticipated cost is fair an reasonable. Where this procurement will be via sole source, the market research analysis that supports a determination of fair and reasonable costs was conducted through contact (technical calls, quotes) with the manufacturer.

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

The market research was conducted using commercial manufacturer websites, technical calls with presentations, and discussions with application scientists. Market research methods were conducted over a period of two months. This research identified the necessary components needed to upgrade and utilize the current TD instrumentation. The requisition includes the installation of an existing TD unit onto a new instruments, a preventative maintenance contract, onsite training https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990 and familiarization, a chemical weapons focusing trap (for UNITY-xr), ULTRA-xr 100 tube autosampler with automated outlet recollection, and empty, inert coated tubes. These materials and services are required to be performed by the manufacturer since the unit is already owned by the TIEDS Center and needs to be re-installed and upgraded.

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

Specifications for materials, installation, preventative maintenance, and training are not suitable for full and open competition. The requirement cannot be modified to enhance competition because the unit is already owned and needs to be relocated and upgraded for routine analysis of energetic materials. Only one source can meet the need since the current instrument was acquired through this source. Any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

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

No other sources expressed a written interest in the acquisition.

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

Competition is not planned as dictated 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.” The government will continue avoid substantial duplication of cost that is not expected to be recovered through competition.

Justification and Approval (J&A) for Other than Full and Open Competition