JOFOC_-_LUCIA_ToolScan_(NOI-0004322).pdf

Requisition Number: DJF-19-0700-PR-0004322 Version 1.0 Page 1 of 3

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

AUTHORITY 41 U.S.C. 3304(a)(1)

Requisition Number: DJF-19-0700-PR-0004322

Date: July 23, 2019 Estimated Contract Dollar Value: $XX,XXX.XX

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Science and Technology Acquisition Unit (STAU), has prepared this justification for other than full and open competition for a LUCIA ToolScan R360 Imaging System on behalf of the Firearms/Toolmarks Unit (FTU), Laboratory Division.

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 Nikon Instruments, Inc. (Melville, NY) for a LUCIA ToolScan R360 Imaging System with LUCIA ToolScan and LUCIA BalScan Software. A Notice of Intent (NOI) to Sole Source will be posted on the Federal Business Opportunities website for this requirement, which will publicize the FBI’s intent to issue an award to Nikon Instruments, Inc. 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.

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

The FTU requests the purchase of a LUCIA ToolScan R360 Imaging System, which is an instrument capable of scanning flat surfaces for toolmark comparison. This instrument can acquire 2D and 3D images, including photometric data, to facilitate virtual comparisons. In addition to toolmark surfaces and tools, the requested instrument has the capacity to scan bullets and cartridge case bottoms, as well as incorporate images from other systems. The estimated dollar value of this award is $ XX,XXX.XX.

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.”

Requisition Number: DJF-19-0700-PR-0004322 Version 1.0 Page 2 of 3

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

The FTU is responsible for receiving items of evidence, such as bullets and cartridge casings, which are submitted from all over the world. In 2018, the FTU entered into a Memorandum of Understanding (MoU) with the National Institute of Standards and Technology (NIST) and the Netherlands Forensic Institute to develop and implement a population database of striated marks. The requested instrument will acquire toolmarks for incorporation into that database for adding images to the population data sets. Additionally, the FTU has been able to incorporate 3D virtual microscopy of cartridge cases and has been successful in using these details to conduct casework comparisons. With this instrument’s capabilities, the FTU will have the ability to evaluate cuts, striations, and imprints of tool surfaces and toolmarks, something that the FTU has not previously been able to perform.

The LUCIA ToolScan R360 Imaging System with LUCIA ToolScan and BalScan software is the only product known to the FTU capable of automating the scanning and comparison of general toolmarks. This instrument will enable examiners to collect enhanced images to facilitate virtual comparisons, print out these details on a form, then add the form to official case notes without further modification. The LUCIA ToolScan R360 Imaging System was designed and manufactured by Laboratory Imaging s.r.o. (Czech Republic). Nikon Instruments, Inc. is the only U.S. company authorized by Laboratory Imaging s.r.o. to distribute the LUCIA ToolScan R360 Imaging System.

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 (NOI) to Sole Source will be posted on the Federal Business Opportunities website for this requirement, which will publicize the FBI’s intent to issue an award to Nikon Instruments, Inc. 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 value of this award is $ XX,XXX.XX. Prior to issuing an award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

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

Significant market research efforts conducted by the FTU led to the determination that not only is Laboratory Imaging s.r.o. the sole manufacturer of the LUCIA ToolScan R360 Imaging System, but the software included with the product is proprietary to Laboratory Imaging s.r.o. Nikon Instruments, Inc. is the only U.S. company authorized to distribute this product. Therefore, Nikon Instruments, Inc. is the only company capable of providing the product required by the FBI.

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

Requisition Number: DJF-19-0700-PR-0004322 Version 1.0 Page 3 of 3

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

Please see sections five (5) and eight (8) above.

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

A Notice of Intent (NOI) to Sole Source will be posted on the Federal Business Opportunities website for this requirement, which will publicize the FBI’s intent to issue an award to Nikon Instruments, Inc. 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.

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 FTU 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, trade shows, magazine articles, 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.