JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304(a)(1)

Requisition Number: SHOP-PR-23-000992

Date: December 28, 2023

Estimated Contract Dollar Value: $XXXXXXX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisition

Programs Unit (NAPU), has prepared this justification for other than full and open competition to acquire a Smiths Detection HI-SCAN X-Ray system (7555DV) on behalf of the Redstone Enterprise

Services Unit (RESU).

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 action is to acquire a brand name Smiths Detection HI-SCAN X-Ray system

(7555DV). This procurement will be advertised on the SAM.gov website as a brand name only, open market requirement. Authorized resellers of Smiths Detection brand products will be encouraged to submit a competitive quotation. The resultant contract is intended to be awarded as a one-time, firm-fixed price purchase order. The award will be made to the lowest price technically acceptable offeror.

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

This requirement is for a Smiths Detection HI-SCAN X-Ray system (7555DV) Redstone Enterprise

Services Unit (RESU). This requirement is mandated in the 1156PG, FBI General Mailing Policy

Guide. This will include a twelve (12) month standard installation, warranty, freight, operator training and software. The estimated total cost of this requirement is $ XXXXXXX.

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

J USTIFICATION AND A PPROVAL ) J&A ( FOR O THER THAN F ULL AND

O PEN C OMPETITION

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

This acquisition is being conducted pursuant to the authority of Title 41 U.S.C. 3304(a)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1(c), entitled " Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” -

Application for Brand Name.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The FBI currently utilizes and maintains over 482 Smiths Detection X-ray systems and this effort is to standardize security X-ray equipment enterprise wide. The Smiths Detection Company currently provides maintenance and warranty services to X-ray machines throughout the FBI.

Due to their proprietary nature, only Smiths Detection, or an authorized Smiths Detection brand reseller, is uniquely qualified to perform all service activities in support of their machines.

Additionally, the FBI currently has more than $15 million invested in Smiths Detection Xray systems, so it is imperative they are maintained, serviced, and upgraded at the correct intervals.

Upgrading too the Smiths Detection HI-SCAN X-Ray system (7555DV) provides a reliable platform for ever changing security requirements. Lastly, the FBI coordinated with the Department of Homeland Security, Federal Protective Services (FPS) on an initiative to standardize the type of security equipment being utilized in all FBI spaces in which the FPS provides physical security services.

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.

This requirement will be posted on the SAM.gov website as a brand name only, open market requirement. This announcement will give the opportunity for authorized resellers of Smiths

Detection to submit a competitive quotation.

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 anticipated dollar value of this acquisition is $ XXXXXXX. Prior to issuing an award, the

Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

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

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

The FBI utilized several market research methodologies to include reviewing historical contract details on previous contracts for same or similar X-ray machines. Internet research on potential suppliers, Government Services Administration contract vehicles such as GSA

Advantage. Also, contacting knowledgeable individuals in the FBI and industry regarding market capabilities to meet the requirements were contacted: querying internet databases

(GSA Advantage) and requesting information from sources identified within the industry. This research led to the determination that while Smiths Detection is the sole manufacturer of the required x-ray systems, the systems are commercially available and there are several resellers in the marketplace authorized to distribute Smiths Detection brand products.

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

None.

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

This requirement will be posted on the SAM.gov website as a brand name only, open market requirement. This announcement will give the opportunity for authorized resellers of Smiths Detection to submit a competitive quotation.

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

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 $700,000)

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.

Jesse R. Fox Date

02JAN2024

Contract Specialist:

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.

Furthermore, I hereby determine that the exception and circumstances described in item number four (4) of this justification apply to this order.

Date