NOI Dive Lab 2XL00 samgov.pdf

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FEDERAL BUREAU OF INVESTIGATION

PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL

AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

TITLE 41 U.S.C. 3304(A)(1)

UNDER THE SIMPLFIED ACQUISITION THRESHOLD (SAT)

Requisition Number: SHOP-PR-24-001848

Date: 22 March 2024

Estimated Contract Dollar Value: $_______________

1. Identification of the agency and contracting activity.

The Federal Bureau of Investigation (FBI), Procurement Section (PS), National Acquisition Programs Unit (NAPU), has prepared this justification for other than full and open competition to acquire eight (8), three-hundred (300) foot breathing air umbilicals on behalf of the Laboratory Division (LD), Forensic Response Section (FRS), Evidence Response Team Unit (ERTU).

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 contract action shall be a one-time, firm-fixed price, open-market, sole-source, commercial product, purchase order (PO) to Dive Lab, Inc., [CAGE Code 1SBA2], 1415 Moylan Road, Panama City, Florida, 32407, for eight (8) replacement three-hundred (300) foot umbilicals.

This is a direct replacement part for an existing system that is owned and utilized by the FBI.

There are no other air umbilicals that are compatible with existing Extreme Lightweight Dive System (XLDS) dive equipment. The Dive Lab, Inc. part number is 2XL00. This umbilical assembly is proprietary Dive Lab, Inc. equipment. These diving umbilicals contain air, communication/strength cables, and pneumo hoses.

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

The FBI’s Underwater Search and Evidence Response Team (USERT) Program is composed of four (4) sixteen-member dive teams located in the Los Angeles, Miami, New York, and Washington Field Offices. USERT is authorized to conduct underwater evidence response activities in order to locate and recover evidence is support of FBI cases.

This sole-source requirement is for umbilicals for the Extreme Lightweight Dive Systems (XLDS).

The system is compromised of a single console and three umbilicals from the console to the diver. The current XLDS umbilical’s have been in use for the over ten (10) years. This umbilical is the diver’s primary source of air, and the failure of one of these lines could be a severe safety issue for the diver in the water.

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.

Dive Lab, Inc. is the supplier of the XLDS system that is currently being utilized by the USERT Program. This requirement for eight (8), three-hundred (300) foot umbilicals is a replacement part for the XLDS system. The specific characteristics of the umbilical limits the availability to only one (1) source because the replacement part must be compatible with the XLDS surface supplied air console.

Dive Lab, Inc. is a small business.

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.

The FBI will publicize the notice of intent to award a sole-source contract on the SAM.gov website. This announcement will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities and cost information.

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

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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 determination of price reasonableness in accordance with FAR 13.106-3.

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

Market research was conducted using commercial manufacturer websites to find any sources capable of providing the XLDS umibilicals. This research identified the necessary replacement part needed for the XLDS system. The umbilicals must come from the same manufacturer as the XLDS system. Any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

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

None.

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

A synopsis will be posted on the SAM.gov website. This synopsis will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities and cost information.

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

The FBI will continue to conduct market surveys and research available through industry shows and technology releases in the form of papers and journals on subsequent acquisitions.

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Reviews and Approvals (Not exceeding $750,000.00)

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Date Management and Program Analyst

ERTU

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Bryan Lane Date

NAPU

FBI Academy Campus, Quantico, Virginia, 22135 bvlane@fbi.gov mailto:bvlane@fbi.gov