JOFOC_-_ANDE_DNA_Equipment_-_FBO_8-2-19.pdf

Requisition Number: DJF-19-0700-PR-0004617 Version 1.0 Page 1 of 3

FEDERAL BUREAU OF

INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

AUTHORITY 2304 (C)(1)

Requisition Number: DJF-19-0700-PR-0004617

Date: August 2, 2019

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, DNA Support Unit, has prepared this justification for other than full and open competition for an ANDE 6C Rapid DNA analysis instrument.

2. The nature and/or description of the action being approved.

The Biometrics Analysis Section, Laboratory Division, has a need to procure an ANDE 6C Rapid DNA analysis instrument. This is a one time firm fixed price contract that will be sole source to ANDE, Inc.

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

In support of the FBI’s Rapid DNA Initiative, the FBI Laboratory’s Biometrics Analysis Section has a need to procure one ANDE 6C Rapid DNA analysis instrument.

The Rapid DNA initiative was established by the FBI in 2006 in order to develop an instrument capable of performing point of collection DNA analysis. Once implemented, this process will greatly enhance the speed of the DNA profile generation and eventually allow for real-time hit notification after automated searches of the arrestee Rapid DNA profiles in the national database. Rapid DNA technology enables hands free sample-to-profile DNA results in approximately 90 minutes.

The FBI Laboratory previously evaluated the ANDE (Accelerated Nuclear DNA Equipment), a first generation Rapid DNA instrument manufactured by ANDE, in support of this initiative. That machine became obsolete on January 1, 2017, with the new National Index System (NDIS) requirement that all reference samples submitted to NDIS must have results at all 20 CODIS Core Loci. The ANDE was delivered in 2012 and only analyzes the

Requisition Number: DJF-19-0700-PR-0004617 Version 1.0 Page 2 of 3 old 13 CODIS Core Loci. The machine was designed before the new requirement for seven additional loci was developed, and the ANDE machine cannot be upgraded. In order to move forward with validation studies to aid the implementation of this state-of-the-art technology, the ANDE 6C with capability to analyze all 20 CODIS Core Loci must be procured. The ANDE 6C instrument processes both reference samples (high concentration DNA samples) and crime scene samples (low concentration DNA samples) and is able to process five samples at a time. As a result, in order to meet the efficiency and processing needs of the agency, ANDE is the only manufacturer that can fulfill this requirement. The estimated cost of this one-time purchase is $280,750.00.

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.253(c)(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.

ANDE is the sole manufacturer and distributor of the ANDE 6C instruments; therefore, they are the only company capable of providing the required item. There are no other vendors who can provide this product.

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 previously publicized this requirement on the Federal Business Opportunities website on February 9, 2016. The announcement gave 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. No other vendors expressed interest in this requirement at that time. In addition, special notice of intent will also be posted to the Federal Business Opportunities website for this requirement on August 8, 2019 to further allow all interested parties to express their interest in 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 estimated contract value over the life of the contract is $280,750.00. Before awarding a contract, 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.

Requisition Number: DJF-19-0700-PR-0004617 Version 1.0 Page 3 of 3

Market research was done by examining pertinent specifications and capabilities from vendor web sites; reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers; and contacting knowledgeable technical personnel in the Government and members of the scientific community.

Market research revealed that ANDE is the sole manufacturer and distributor of the ANDE 6C instruments, and therefore they are the some manufacturer capable of providing the required item. There are no resellers of this product in the commercial marketplace.

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

See section 5 above.

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

A synopsis will be posted on the Federal Business Opportunities website requesting that parties express their interest in writing to the Contracting Officer.

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.