JA_for_PR_-_3709.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-0003709

Date: 05/17/2023

Estimated Contract Dollar Value:

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), Laboratory Division, has prepared this justification for other than full and open competition for acquisition of an Agilent Technologies Multi-mode inlet (MMI) and corresponding install 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 Agilent Technologies that is a fixed price to include a multi-mode inlet and its corresponding install.

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

The requirements are for a multi-mode inlet compatible with the Agilent Technologies 8890 GC that can be used with cooling parameters to analyze thermally labile compounds that will degrade at the current inlet setup. In addition, the travel and installation for the component is included and is required to be conducted by the manufacturer due to the warranty on the instrument.

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.

Agilent Technologies is uniquely qualified to provide these services to the FBI-TIEDS Center because they are the manufacturer of the existing GC/MS owned by TIEDS. The multi-mode inlet is required to be supplied by the manufacturer in order to be integrated with the current instrumentation due to warranty of the existing instrumentation.

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.

A sole source acquisition is supported 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 market research analysis that supports a determination of fair and reasonable costs was provided through contact (technical calls, quotes) with the manufacturer (sole-source).

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

The market research was conducted using commercial manufacturer websites, technical calls, and discussions with application scientists. Market research methods were conducted over a period of one week. This research identified the necessary components needed to expand the current GC/MS instrumentation for analysis of thermally labile compounds.

The requisition includes the multi-mode inlet and installation by an approved service engineer. These materials and services are required to be performed by the manufacturer since the unit is already owned by the TIEDS Center is under and needs these components to expand the detection capabilities of the GC/MS without degrading analytes of interest at the inlet.

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

Specifications for materials are not suitable for full and open competition. The requirement cannot be modified to enhance competition because the unit is already owned and just needs additional components for routine vapor analysis of energetic materials. Only one source can meet the need since the current instrument was acquired through this source.

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

10. A listing of any sources that 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.”

COs are not permitted to proceed with solicitation until this document is fully executed by each signatory in accordance with the thresholds identified below:

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.

Signature Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date