J and A - FBO CHEMIMAGE.docx

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Attached to
Notice of Intent - ChemImage Federal contract opportunity
Solicitation number
DJF-20-1800-PR-0003602
Issued by
Department of Justice Federal Bureau of Investigation Headquarters Division

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FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR LIMITED COMPETITION/SIMPLIFIED ACQUISITION

JUSTIFICATION AND APPROVAL FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

In accordance with Federal Acquisition Regulation 13.106-1(b)(1), I hereby determine that the required analytical software and training listed on DJF-20-1800-PR-0003602 is available from only one source, and competition is precluded as there are no substitutes available.

1. This acquisition is restricted to the following manufacturer:

Company: ChemImage Company Address: 7325 Penn Avenue, Suite 200, Pittsburgh, PA 15208 Company Point of Contact and Phone Number:

2. The purchase of ChemImage Xpert software, Spectral Kitchen, Spectral Chef, and training on all three is required to be performed by 9/30/2020.

The proposed requirement is for a sole source, firm fixed price contract with ChemImage, 7325 Penn Avenue, Suite 200, Pittsburgh, PA 15208 for the purchase of the above three listed analytical software products as well as a three day training session on the entire suite.

3. Justification Specific characteristics of the ChemImage Analytical Suite that limit the availability to a sole source are the proprietary nature of the software. Only this suggested source can furnish the requirements, to the exclusion of other sources, because ChemImage does not allow for 3rd party vendors and only does direct sales. The Operational Technology Division, Tracking Technology Unit’s Non-Traditional Tracking Program (NTTP) is constantly talking with vendors and its IC partners to ascertain what new, more user friendly, faster analytical tools are out there for hyperspectral imaging applications.

4. Check and fill in all that are applicable for an Open Market Buy:

|_|The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment is <insert description of current equipment>, and the new item/service must coordinate, connect, or interface with the existing system by <insert description of how the new item/service must coordinate or interface>.
|X|A patent, copyright, proprietary data, or licensing agreement limits competition. The proprietary data are described as follows:

The software is proprietary to ChemImage.

|_| These are "direct replacement" parts/components for existing equipment.

|_| Other information to support a sole source buy:

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The contracting officer will determine, after considering the level of effort and the mix of skills available for the tasks needed, that the proposed order or BPA represents a reasonable total price and will be the best value for the FBI.

6. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

The Government will continue to research the market to obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that barriers to competition are avoided to ensure we obtain the best value for the government.

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