Limited_Source_JustificationObitraopIDX_Post.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE and FACILITIES DIVISION

PROCUREMENT SECTION

LIMITED SOURCES JUSTIFICATION (FAR PART 8)

LIMITED-SOURCES JUSTIFICATION FOR FEDERAL SUPPLY SCHEDULE PROGRAM

FAR 8.405-6(b) Requisition Number: DJF-22-0700-PR-0005182

Title: Thermo Orbitrap ID-X Date: 09/02/2022 Estimated Contract Dollar Value: $479,333.57

The following limited sources justification (LSJ) for the use of sources limited to fewer than those required in FAR 8.405-1 is prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(b). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq, and/or 40 U.S.C. 501.

1. Identification of the agency and the contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, National Acquisition Programs Unit (NAPU), has prepared this Limited Source Justification to acquire one Thermo Scientific Orbitrap ID-X Mass Spectrometer pursuant to FAR 8.405-6(b), Limited Source. The high-resolution Mass Spectrometer is used by the Laboratory Division’s (LD) Chemistry Unit (CU) for the analysis of casework, research, training, and instrumentation.

2. Nature and/or description of the action being approved.

The proposed action is to acquire a Thermo Orbitrap ID-X Mass Spectrometer including: IC Kit, preinstall kit, 3 days onsite support, tracefinder, and mass frontier.

This procurement will be advertised on General Services Administration (GSA) Advantage as a Brand Name Only requirement. The resultant contract is intended to be awarded as a one-time, firm-fixed price contract.

It is anticipated that award will be made to Thermo Electron North America LLC. under a General Services Administration (GSA) Advantage! Contract number, Company Address: 5225 Verona Road, Madison, WI 53711; Company Point of Contact and Phone Number: John Venesky, john.venesky@thermofisher.com.

3. A complete description of the supplies and/or services required to meet the agency’s needs. Provide the estimated total value to complete the work (including any options, if any).

The proposed action is to acquire a Thermo Orbitrap ID-X Mass Spectrometer including: IC Kit, preinstall kit, 3 days onsite support, tracefinder, and mass frontier, SW Mass Frontier 8.0, and SW Tracefinder 5.1 SP3.

The Thermo Orbitrap ID-X Mass Spectrometer with accessories is estimated to cost $479, 333.57 and is required to be delivered by 9/30/2022.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

· FAR 8.405-6(b) – An item peculiar to one manufacturer is required.

The Thermo Scientific components and equipment and related accessories as described above, to the exclusion of other brands, are required because this system is a new purchase that must be identical with minimal enhancements to existing instrumentation in the unit. Existing instrumentation has already been fully validated and approved for casework in the analysis of explosives and residues. Furthermore, case working personnel have already been trained on the existing instruments and the systems are currently in use at both FBI Laboratory locations. The instrumentation and software utilization has already been written into technical procedures and the chemists running the instrumentation and performing data analysis are already trained and qualified on the instrumentation. Procuring a similar system from another vendor would put undue burden on multiple units within the LD to revalidate methods, rewrite procedures, and retrain personnel on multiple versions of instrumentation and different software. Thermo Electron North America LLC is uniquely qualified to provide these items to the FBI LD Toxicology Group in CU.

Thermo Electron North America LLC is the manufacturer of the Thermo Scientific Orbitrap ID-X and has provided the most competitive and cost-effective instrumentation. As the manufacturer, the FBI will be dealing directly with Thermo Electron North America LLC for any repairs, updates, preventative maintenance, or warranty issues. All accompanying accessories provided by Thermo Electron North America LLC will be compatible with the units and consistent with the warranty and function of the units. Thermo Electron North America LLC has a demonstrated timely response and value, based on prior experience with other Thermo Scientific units. They provide replacement parts and competent service. The Chemistry Unit has existing Thermo Scientific instrumentation throughout the Unit.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

6. A description of the market research conducted among schedule holders, and the results of the research. A statement must be made that the supplies and services are available from the FSS.

Market research was conducted through internet searches, research of scientific literature and brochures, and via conferences attended by members of the EU. EU personnel regularly study current scientific literature and attend scientific conferences regarding technologies currently available in order to keep abreast of which vendors offer the instrumentation and services needed. The resulting determination is that there is only one product that currently meets all the criteria outlined in this document, and that is the Thermo Scientific Orbitrap ID-X Mass Spectrometer.

7. Any other facts supporting the Limited Source Justification.

Due to Themo Scientific Orbitrap Mass Spectrometers already being utilized, validated, written into technical procedures, and the chemists already being trained and qualified on the instrumentation, it is requested to procure the instrument from the manufacturer of the instruments already being utilized: Thermo Electron North America LLC.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

The actions of the Chemistry Unit 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.

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