JOFOC_RFQ 15F06724Q0003052.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-24-003052

Date: 7/22/2024

Estimated Contract Dollar Value: $

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 Olympus OM Systems Tough TG-7 cameras on behalf of the Counter Improvised Explosive Devices Section (CIEDS), 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.

The proposed action is to acquire fifty (50) Olympus OM Systems brand Tough TG-7 cameras.

This procurement will be advertised on SAM.gov as a brand name only requirement. The resultant contract is intended to be awarded as a one-time, firm-fixed price (FFP) purchase order.

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

The FBI’s CIEDS has a requirement for forty-nine (49) Olympus OM Systems Tough TG-7 cameras. The requested cameras are integrated into the Regional Render Safe Stabilization Special Agent Bomb Technician’s tool pallet, which is identical across the FBI. The Olympus OM Systems Tough TG-7 is mandatory equipment established with the FBI’s inter-agency partner, the Department of Energy. These cameras will be integrated within the Regional Render Safe Stabilization Program and at the Hazardous Devices School. This integration will ensure compatibility with the standardized equipment and associated protocols.

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) 6.302-1(c) entitled “Only one responsible source and no other supplies or services will satisfy agency requirements – Application for brand-name descriptions.”

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

The Olympus OM Systems Tough TG-7 camera is integrated into the Special Agent Bomb Technician’s (SABT) tool kit, which is identical across the FBI’s Regional Render Safe Stabilization Teams. As SABTs will be trained with this device, continuity is an important factor. Learning how to use a different/new device while operating on an explosive or Improvised Explosive Device (IED) would be extremely dangerous, ultimately endangering the lives of FBI personnel.

A technical evaluation of various cameras was conducted by the Regional Render Safe Stabilization Program, Department of Energy, and the FBI’s SABTs. The evaluations led to the determination that the performance of the Olympus OM Systems Tough TG-7 camera far exceeded other products due to its waterproof construction, shockproof construction, freeze-proof construction, high resolution, and the ability to be integrated with pallets currently utilized by the FBI’s inter-agency partners. Overall, the Olympus OM Systems Tough TG-7 camera out-performed similar products and was able to withstand the mission environments of the SABTs who utilize the tool pallet.

Due to these reasons, products from other manufacturers do not fulfill the FBI’s minimum requirements.

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 Request for Quote (RFQ) shall be posted on SAM.gov as a brand name only requirement. This announcement will give an opportunity for authorized resellers of Olympus OM Systems products to compete for this requirement.

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 the proposed acquisition is $. 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 cost to the Government is fair and reasonable.

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

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

Significant market research efforts conducted by the FBI include internet searches, inter-agency partner research and reviews. These efforts led to the determination that the required cameras are readily available in the commercial marketplace by several resellers of the Olympus OM Systems brand. Additionally, this procurement shall be conducted as a total set-aside for small business concerns.

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

See Section five (5) above.

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 CIEDS to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. Over time, additional products may be identified through market surveys from vendor 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 are impossible to avoid at this time.