JOFOC_Brand_Named 908 Devices.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION I 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) (1)

Requisition Number: DJF-21-0700-PR-0002808

Date: 412612021 Estimated Contract Dollar Value: _ (MX908-c S5)

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau oflnvestigation, Scientific Response and Analysis Unit (SRAU), has prepared this justification for other than full and open competition for a MX908c-S5. The device MUST be operationally compatible with an existing, proven and certified for use MX908 to reduce learning time, supplies and operability.

Previous Award DJF-17-1200-P-0004348

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 908 Devices name brand equipment. This procurement will be advertised on the beta.SAM.gov website as a brand name only, open market, requirement.

Authorized resellers of the 908 Devices 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.

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

The Scientific Response and Analysis Unit (SRAU) is responsible for developing the Bureau's capabilities for the collection of evidence in terrorism, criminal, and intelligence investigations involving hazardous materials such as chemical and biological warfare agents, nuclear materials, and toxic industrial chemicals and explosives. SRAU is also responsible for supporting site safety operations at hazardous materials investigations, National Security Special Events (NSSE), FBI special events, and high-hazard crime scenes both domestic and international. The work within the unit is highly technical and requires that staff members be equipped with state-

Requisition Number: DJF-21-0700-PR-0002BOB Version 1.0 Page 1 of5 of-the-art equipment to support site safety, and the presumptive identification and characterization of hazardous evidence.

SRAU must be able to identify threats to FBI employees at WMD incidents and investigations.

The rapid and early warning of threats is essential to the safety of FBI employees. Mass spectrometry (MS) is a tool that is used to maintain the safety of Bureau employees by detecting lethal/noxious chemical agents, toxic industrial chemicals and explosive precursors in the field.

SRAU currently employs a MX908 hand-held stand alone mass spectrometry instrument to interrogate and classify hazardous materials in the field. Use offield-deployable mass spectrometry instrumentation increases operator safety and reduces fatigue in a contaminated environment due to its lightweight, compact size and quick response time. It also mitigates the spread of contamination by reducing the number of screenings done outside the contaminated work zone.

The 908 Devices' MX908 has proven to be a significant asset and a vital tool to the SRAU mission. As maintenance of an instrument is important through a service and support contract to ensure continued optimal operation of the captioned equipment, the MX908 quote includes 5 years of warranty and support with on-site training.

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

The statutory authority permitting other than full and open competition is 10 USC 2304( c) (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.

908 Devices._is uniquely qualified to provide these services to the FBI Laboratory, Scientific Response and Analysis Unit based upon the following:

908 Devices is the sole manufacturer of the MX908 and as such is the only vendor with the proprietary technical information, firmware/software and parts required to perform the required maintenance services on these detectors.

The Specific Characteristics of the 908 Devices equipment needed that limit the availability to a brand name requirement are:

I Line Item I Item Description

Version 1.0 Page 2 of5Requisition Number: DJF-21-0700-PR-0002BOB

MX908-c S5, handheld mass spec chemical detection system for gas/vapor, liquids and solids. Includes five (5) years of warranty and support and one (1) on-site training class (10 students max, expires 6 months after purchase, CONUS only). Available only to US government or re-a roved customers.

0001 (1)

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.

Competition is anticipated for this acquisition in the form of a brand name only request for quote, to be published on beta.sam.gov, and set-aside for small businesses. In accordance with FAR 5.301, this action will be synopsized on beta.sam.gov and the Brand Name Justification will be made publicly available.

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.

Before awarding a contract, the Contracting Officer will perform a price analysis in accordance with FAR 15-804-2(a)-(e).

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

Author used Internet searches, industry days, and vendor supplied quote to arrive at Market Research Findings used to justifY recommendation for award of this contract to 908 Devices.

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

908 Devices is the sole manufacturer of the MX908 that is compatible with existing equipment and as such is the also the only manufacturer with the proprietary technical information, firmware/software and parts required to perform the required 5 year maintenance and repair services on these detectors.

The MX908 is the current state of the art, hand-held, chemical, explosive and drug identification device in use by the FBI and numerous other Government agencies. It is a complex and technically advanced unit that requires periodic return to the manufacturerer for Optimization service to update the devices firmware/software, calibration and identification functions.

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

IRequisition Number: DJF-21-0700-PR-0002BOB Version 1.0 Page 3 of5

Federal Resources Supply Co. expressed 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.

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. To ensure that the barriers of competition are avoided, Scientific Response and Analysis Unit, Laboratory Division (LD will continue to seek possible competition by conducting continuous market research to ensure that the Government is up to date on new technologies.

Requisition Number: DJF-21-0700-PR-0002BOB Version 1.0 Page 4 of5