NOI000345_Justification.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-MOD-24-000345

Date: 2/7/2024

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 Smiths Detection Bio Disc-E’s on behalf of the Logistics Unit (LU), Finance and Facilities Division (FFD).

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 Smiths Detection (Edgewood, MD) for the purpose of procuring Smiths Detection Bio Disc-E General Format Discs.

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

The FBI’s LU has a requirement to acquire Smiths Detection Bio Disc-E General Format Discs.

The Smiths Detection general format Bio Disc consumable is used for daily batch of testing during mail inspection. The discs detect six (6) agents: Anthrax, Ricin, Botulism, Tularemia, Smallpox, and Plague. Volume is variable depending on screening needs. The procurement of these discs will allow LU the ability to continue to accomplish its mission.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting the 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 “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 required products are needed in order to support the FBI Logistics Unit by advancing the technologies and expanding the range of detection discs, which accurately detect threats such as Anthrax, Ricin, and Ebola. These discs integrate with x-ray technologies to provide high sensitivity and ultra-low false alarm rates. Support and maintenance for this scanning machine are critical in order for the Logistics Unit to continue to reduce the potential targeting of Cheverly Warehouse mail facility in FY23 and beyond.

In FY22, LU procured a Smiths Detection Mail Guard Pathogen Detection System. The contract was awarded as a firm-fixed price contract with a base year and four (4) option years for maintenance and warranty. The mail guard system requires the usage of the requested discs, which must be purchased yearly. The LU requires a weekly shipment of ten (10) discs. The discs are required in order to use the machine.

Smiths Detection is the sole manufacturer and distributor of the Bio Disc-E General Format Discs are the only vendor who can provide the products required by the FBI. These discs are proprietary to Smiths Detection.

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 shall be posted on SAM.gov for this requirement, which will publicize the FBI’s intent to issue an award to Smiths Detection. 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 amount of the proposed acquisition is $XX,XXX.XX. The Contracting Officer shall use the appropriate proposal analysis techniques provided in FAR 13.106-3 to determine the proposed cost to the Government will be fair and reasonable.

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

A market survey was conducted revealed that Smiths Detection is the sole manufacturer and distributor of the Bio Disc-E, General Format Discs therefore, they are the only company capable of providing the necessary service and support that will meet the specific requirements of the

FBI.

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

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

N/A

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 LU to identify potential sources possessing the ability to satisfy this and similar requirement are ongoing. Over time, additional sources may become available and identifiable through market surveys, 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.

Justification and Approval (J&A) for Other than Full and Open Competition