JOFOC FLIR PR-0001643.pdf

Requisition Number: DJF-21-0700-PR-0001643

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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) (1)

Date: March 1, 2021

Estimated Contract Dollar Value: $XXX,XXX.XX

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 Optimization Services and Repairs as needed of the identiFINDER2 R400 on behalf of the FBI Scientific Response and Analysis Unit, Laboratory Division (LAB).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

A one time, sole source, firm fixed priced contract shall be awarded to FLIR Detection, Inc.

(Stillwater, OK 74074) for proprietary Optimization and Repair services for the FLIR R400 Identifinder2 Radioisotope Identification Device. A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to FLIR Detection, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

The FBI Laboratory has a total of seventy-five (75) each FLIR R400 Identifinder2 radiological detection and monitoring instruments in need of Optimization and Repair on an as needed basis at an estimated cost of $XXX,XXX.XX with a period of performance from date of award through one year (12 months total).

Optimization of this equipment is required to support the FBI Laboratory, Operational Response Section mission involving the criminal use of radiological materials. The instruments aid in the

Version 2.2 2 of 4 detection, localization, identification and evaluation of radiological hazards and it is imperative the equipment be periodically updated, calibrated, and maintained in a high state of readiness.

FLIR is the sole manufacturer of the R400 Identifinder2 and as such is the only vendor with the proprietary technical information, firmware/software and parts required to perform the required optimization and repair services on these detectors.

Optimization of the R400 Identifinder2 instrument includes the following services:

Full evaluation of product, parts and accessories

Refurbishment of powerPACK – ultra

Replacement of faceplate

Software/firmware update to latest approved revision

Adjustment of device parameters, calibration and renewal of background spectrum of internal Cs-137 source for optimal identification results

Optimization of linearity for optimal identication results

Optimization of gamma dose rate

Optimization of neutron count rate

Check identification performance with the following nuclides; Am-241, Ba-133, Co-60, Cs-137, Eu-152, Mn-54, Na-22, Ra-226 and Th-232

Check energy resolution of scintillation detector

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.

FLIR Detection, Inc. is uniquely qualified to provide these services to the FBI Laboratory, Scientific Response and Analysis Unit based upon the following:

FLIR is the sole manufacturer of the R400 Identifinder2 and as such is the only vendor with the proprietary technical information, firmware/software and parts required to perform the required optimization services on these detectors.

Many vendors offer calibration and repair services for their particular make and models of radiation detection instruments and a few have the capability to service equipment from multiple manufacturers. The Optimization required for the FLIR R400 Identifinder2 provides much more than standard calibration and repair services. Due to proprietary information, firmware/software upgrades and specific instrument repair parts, the author believes FLIR Detectors Inc. is the only

Version 2.2 3 of 4 vendor capable of providing this service. Author is unaware of any other vendor offering “Optimization” services specific to the FLIR R400 Identifinder2.

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 Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to FLIR Detectors, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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 $XXX,XXX.XX. 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.

Significant market research was conducted through internet searches, industry days, and vendor supplied quote to arrive at market research findings used to justify recommendation for award of this service contract to FLIR Detectors, Inc. attendance of forensic conferences, and forensic vendor literature review. FLIR is the sole manufacturer of the R400 Identifinder2 and as such is the only vendor with the proprietary technical information, firmware/software and parts required to perform the required optimization services on these detectors.

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

Please see section five (5) above.

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

A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to FLIR Detectors, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of their technical capabilities and cost information for consideration prior to an award being issued.

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

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The FLIR R400 Identifinder2 is the current state of the art, hand-held, radiological isotope 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 manufacturer for Optimization service to update the devices firmware/software, calibration, and identification functions.

The manufacturer of the FLIR R400 recommends the unit be returned for Optimization service once every three to five years. The FBI Laboratory, Scientific Response and Analysis Unit anticipates the need for future Optimization services of the FLIR R400 Identifinder2 Radioisotope Identification Devices in their inventory. Procurement of future Optimization services will be based on fair and open competition to any vendor possessing the capability, technical information and proprietary firmware/software and repair parts to perform the work required/recommended by the instrument manufacturer.

The actions of the Scientific Response and Analysis Unit to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. 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. In addition, the customer will do due diligence in ensuring that the barriers to competition are avoided to ensure we obtain the best value for the government.