J and A for SAM.gov Juki Sewing Machines.docx

UNCLASSIFIED

UNCLASSIFIED

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(b)(2) Requisition Number: SHOP-PR-24-001519 Date: 3/22/23

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Finance and Facilities Division (FFD), has prepared this Justification for an Exception to Fair Opportunity on behalf of the Operational Technology Division (OTD), Audio Surveillance Unit (ASU).

2. Nature and/or description of the action being approved.

In accordance with a statutory exception to the fair opportunity process, the FBI has a requirement to enter a brand name only procurement for a one-time, firm-fixed price (FFP) purchase order to supply Juki brand sewing machines. The FBI plans to fulfill its soft/textile concealment equipment needs by leveraging the Best-in-Class National Aeronautics and Space Administration (NASA Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC). The FBI contemplates award of a firm fixed price (FFP), for a one (1) year base, delivery order (DO) to the lowest priced technically acceptable (LPTA) authorized small business resellers.

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

The requirement is to provide Juki brand sewing machines at an estimated total cost of $_______ to enable the Audio Surveillance Unit (ASU) to accomplish its mission of providing audio and video surveillance concealments to the FBI field offices for operational and mission requirements.

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

This procurement, based on a need for items peculiar to one manufacturer, is entered into pursuant to 41 U.S.C. 3304 (a)(1), as impletmented in FAR 16.505(a)(4)(i),(ii). Juki is uniquely qualified to provide these products to ASU based upon the following:

JUKI sewing machines are renowned for their exceptional performance and reliability, designed for heavy-duty use and high-volume production in commercial settings. They provide the best versatility for various projects with different materials in apparel and non-apparel applications, such as soft garments, heavy fabric upholsteries, home decor items, quilts, leathers, bags, denim, etc. JUKI sewing machines are engineered for quiet and smooth operation, and their powerful motors provide high-speed stitching to quickly finish projects that are expeditiously needed by the field. They easily create consistent, high-quality and precise stitching of various types (e.g. Straight Stich, Lockstitch, Chain Stitch and Zigzag Stich) and offer versatile options and patterns to ensure the machine can accommodate the desired range of professional looking designs and finishes. They are built with high-quality components to withstand the demands of industrial use and are well-known for its durability and long service life. In addition, ASU currently maintains several Juki machines that are regularly serviced by a reputable vendor. Purchasing additional Juki machines decreases the complexity of finding other specialized vendors to service a different industrial sewing machine brand.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Products on SEWP are determined to be fair and reasonable at the contract level in accordance with FAR 15.305(a)(1). The Contracting Officer (CO) from the Federal Bureau of Investigation (FBI) will determine fair and reasonable pricing at the Delivery Order (DO) level based on the specific requirement. Various price analysis techniques to include, but not limited to adequate price competition, comparison with historical pricing, and available commercial price list will be utilized. In addition, the CO will seek additional discounts at the DO level.

6. Any other facts supporting the justification.

Should this requirement not be fulfilled as a Juki brand name procurement, it would cause a decrease in production, quality, and timliness of fulfilling textile requests from the FBI Field Offices. ASU’s mission to provide operational support towards all FBI investigative programs will suffer greatly. Furthermore, having an inferior sewing machine will cause products to look cheap and unprofessional. As the premiere Law Enforcement Agency, it is imperative that the FBI obtain the highest quality equipment to provide the best qualiity products and service possible.

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 FBI will continue to perform market surveys to identify potential sources on any subsequent acquisitions.

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