JOFOC - 0003467.pdf

Requisition Number: DJF-22-0700-PR-0003467 Version 2.2 Page 1 of 3

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 10 USC

2304(c) (1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1

Requisition Number: DJF-22-0700-PR-0003467

Date: 5/26/2022

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 for annual Maintenace Services and upgrades as needed on the below identified chemical detection equipment on behalf of the Scientific Response and Analysis Unit (SRAU), Laboratory Division

(LD).

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 Thermo Scientific, 908 Devices, Federal Resources, and Pendar warranty and support services annual maintenance/warranty & service/software upgrades. This procurement will be advertised on the SAM.gov website as a brand name only, open market requirement. Authorized resellers of the below listed software 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.

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

The FBI Laboratory has a total of 37 chemical detection and monitoring instruments in need of annual maintenance/warranty & service/software upgrades including:

1st Defender Software (15) True Defender Software (10) True Defender Warranty (7) Gemini Warranty Support (1) TruNarc Unlimited Warranty (1) Pendar x10 1 year Warranty Extension (1)

Requisition Number: DJF-22-0700-PR-0003467 Version 2.2 Page 2 of 3

MX908 Handheld Mass Spec Warranty & Support (1) Bruker Roadrunner 1 year Extended Warranty (1) Asset Management

Maintenace of this equipment is required to support the FBI Laboratory, SRAU mission and QA/QC Guidelines. The instruments aid in the detection, localization, identification and evaluation of chemical hazards and it is imperative the equipment be periodically updated, calibrated and maintained in a high state of readiness.

Only the Thermo Scientific, 908 Devices, Federal Resources, and Pendar warranty and support services are acceptable, because this requirement is for annual maintenance, update to the device's firmware/software, calibration and identification functions. Maintenace of this equipment is required to support the FBI Laboratory, SRAU mission and QA/QC Guidelines. The instruments aid in the detection, localization, identification and evaluation of chemical hazards and it is imperative the equipment be periodically updated, calibrated and maintained in a high state of readiness.

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 6.302-1 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 detectors listed are the current state of the art, hand-held, chemical identification devices from a number of manufacturers in use by the FBI and numerous other Government agencies. They are complex and technically advanced units that require periodic return to the for annual maintenance, update the devices firmware/software, calibration and identification functions. Maintenace of this equipment is required to support the FBI Laboratory, SRAU mission and QA/QC Guidelines. The instruments aid in the detection, localization, identification and evaluation of chemical hazards and it is imperative the equipment be periodically updated, calibrated and maintained in a high state of readiness.

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 an opportunity for authorized resellers of the Thermo Scientific, 908 Devices, Federal Resources, and Pendar brand name products to demonstrate their

Requisition Number: DJF-22-0700-PR-0003467 Version 2.2 Page 3 of 3 ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information.

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 award shall not exceed $XX,XXX. 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.

Market research efforts conducted by SRAU include querying internet sites, industry days, and based on knowledge of similar purchases. The research efforts revealed that only the Thermo Scientific, 908 Devices, Federal Resources, and Pendar brand products acceptable, because this requirement is for annual maintenance, update to the device's firmware/software, calibration and identification functions. In addition, the material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The detectors listed above are the current state of the art, hand-held, chemical identification devices from a number of manufacturers in use by the FBI and numerous other Government agencies. They are complex and technically advanced units that require periodic return for annual maintenance, update the devices firmware/software, calibration and identification functions.

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

Please see section three (3) and five (5) above.

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 an opportunity for authorized resellers of the Thermo Scientific, 908 Devices, Federal Resources, and Pendar brand name products to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information.

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

The actions of the SRAU to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. Over time, additional sources may become available and identifiable through market surveys, magazine articles, or other means. The ability to predict this possibility is difficult. Therefore, the barriers to competition they impose are impossible to avoid.