JOFOC_NOI001834.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES 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)

Requisition Number: SHOP-PR-24-001834

Date: 4/16/2024

Estimated Contract Dollar Value: $XX,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 a Scanna MSC, Inc. ScanBlade on behalf of the Hostage Rescue Team (HRT), Critical Incident Response Group (CIRG).

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 price purchase order will be awarded to Scanna MSC, Inc.

(Sarasota, FL) for the purpose of procuring a Scanna MSC, Inc. ScanBlade panel.

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

The FBI’s HRT has a need for one (1) Scanna MSC, Inc. ScanBlade ultra compact digital x-ray panel in order to increase Special Agent Bomb Technician (SABT) safety during high-risk operations.

The HRT is required to conduct complex explosive ordnance disposal (EOD)-related operations frequently during arrest, search warrant, or hostage rescue operations. The possession of equipment that allows for a rapid analysis of potential improvised explosive device (IED) threats is essential to Agent/Operator safety. The requested ScanBlade x-ray panel will provide an ultra-compact, uniform compatible, quick assessment x-ray imaging device for an IED mitigation capability to assist HRT during real world operations.

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.”

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

The ability to quickly deploy X-Ray technology from a bomb technician’s tactical uniform/ballistic vest without having to unmount and unload the Tactical Special Agent Bomb Technician (TSABT) “heavy bag” backpack to quickly assess time sensitive IED threats in real-world settings, while remaining remote of the threat, is of utmost and critical importance to the FBI’s HRT. This technology greatly enhances the ease and speed at which a TSABT can identify, assess, and mitigate (if needed) items that potentially possess the threat of a hazardous device. As the FBI’s HRT is tasked with the national level counter-terrorism mission; to include hostage rescue and the recovery of weapons of mass destruction (WMDs), keeping the assault force moving at the quickest rate possible is of the utmost importance.

This technology significantly reduces the time required to assess an IED and keep the assault force progressing through an objective, therefore reducing the likelihood of a Special Agent, hostage, or associated civilian being shot and/or killed by blast injuries during HRT operations.

Scanna MSC, Inc. is one of the most established digital x-ray companies in the EOD/Public Safety Bomb Technician field and in the commercial/medical field. They have the resources to develop the most sophisticated technological advancements required by the bomb technician and tactical community at large. Scanna MSC has spent significant resources to create, re-fine, and enhance the ScanBlade panel to meet the next generation threats faced by bomb technicians and tactical operators both domestically and abroad. The integration of capabilities normally seen on larger, non-uniform compatible panels into an ultra-compact framework that can be easily transported in a uniform pocket or carried on an operator’s body armor and rapidly deployed into a variety of tactical and/or EOD operations makes the ScanBlade unique within the sector.

Scanna MSC, Inc. is the sole manufacturer and distributor of the ScanBlade ultra compact digital x-ray panel. Therefore, they are the only vendor who can provide the products required by the FBI.

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 to sole source will be posted on SAM.gov for this requirement, which will publicize the FBI’s intent to issue an award to Scanna MSC, Inc. This announcement will also give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990 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 amount of the proposed acquisition is $ XX,XXX.XX. The Contracting Officer shall use one or more of the appropriate quotation analysis techniques provided in FAR 13.106-3(a)(2) to determine the proposed price will be fair and reasonable.

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

A market analysis was performed based on the time available and the extremely refined nature of the requirement. The researcher spoke to manufacturers and vendors (referenced below), conducted internet searches, engaged with DoD partner units (United States Army EOD and United States Navy EOD) with similar requirements, and reviewed independent evaluations conducted by several governmental agencies.

The FBI’s Tactical Section (TS) SABTs also sought out quotes from various vendors in order to find the most cost benefit solution for the government. Six (6) manufacturers were contacted to include Scanna, Cuattro, Vidisco, Nex-ray, Novo, and Smartray. Of the manufacturers contacted, only two were currently producting an ultra-compact, uniform compatible digital x-ray panel.

Those manufacturers were Cuattro and Scanna. Cuattro was still in the testing and evaluation phase of their panel and it was not available for sale at the time of this research, leaving Scanna as the only available manufacturer. Additionally, both the Army and Navy’s partner units concurred with the TS SABT’s research, finding Scanna as the only current producer of an ultra-compact tactical x-ray panel.

The TS SABTs explored possible vendors by contacting/researching, via telephone and internet, companies commonly used by the EOD community to procure equipment. These companies included Federal Resources, Safeware, Inc., STRACK, Inc., Blasters Tool and Supply, EOD Gear, and Atlantic Diving Supply. The final vendor researched was Scanna MSC. All of the vendors listed, other than Scanna MSC, were unable to provide pricing on the desired equipment, as they do not currently offer it for sale.

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

Though the digital x-ray panel market is rapidly expanding, there is an extremely narrow market associated with the ultra-compact, “uniform wearable” digital x-ray panels that are capable of being deployed from an operator’s uniform or ballistic vest/kit in tactical EOD environments.

Within the industry, six manufacturers/vendors; Scanna, Cuattro, Vidisco, Nex-ray, Novo, and Smartray share a majority of the space. The FBI HRT SABTs currently utilize digital x-ray panels produced by Cuattro and Nex-ray for its operations. The HRT SABT program has utilized various versions the panels for over six (6) years and have determined they serve a valuable purpose within the program, allowing for the exploitation of larger items in a static environment, but fail to address critical needs identified through years of operational activities.

Additionally, joint research, testing, and evaluation among stakeholders within the TS determined that a rapidly deployable, ultra-compact x-ray panel is critical to meeting the specific needs of the FBI’s TS HRT. SABTs within CIRG’s Render Safe Unit (RSU) have a solid working knowledge of Scanna MSC products and have a long-established working relationship with Scanna MSC’s larger digital x-ray panels utilized for the WMD mission set. The TS HRT has attended several product demonstrations from all the above referenced competitors, along with several other companies entering the digital x-ray arena. The competitors and demonstrations failed to establish a viable competitor for the HRT SABT Program’s needs.

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

Since the procurement was not advertised, no other companies have expressed an interest either orally or in writing.

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 TS 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 from vendor’s websites, magazine articles, product literature published by manufacturers, distributors, and dealers, collaboration with other Federal agencies, or other means. The ability to predict this possibility is difficult. Therefore, the barriers to competition they impose are impossible to avoid at this time.