noiMarkesJOFOC samGOV.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

Requisition Number: SHOP-PR-24-000052 Version 2.2 Page 1

FAR 6.302-1, “ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL

SATISFY AGENCY REQUIREMENTS”

(Simplified Acquisition <$250K)

Requisition Number: SHOP-PR-24-000052

Date: 31 January 2024

Estimated Contract Dollar Value:

1. Identification of the agency and the 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 on behalf of the Laboratory Division (LD), Terrorist Explosive Device Analytical Center (TEDAC) Section, TEDAC Improvised Explosives Detection and Synthesis Center (TIEDS) Unit.

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

In accordance with a statutory exception to the fair opportunity process, the FBI contemplates the award of a one-time, sole-source, firm-fixed-price contract to Markes International, Inc., [CAGE Code 6YZV1], 2355 Gold Meadow Way, Suite 125, Gold River, California, 95670-6325 for a Micro-Chamber/Thermal Extractor and its accessories.

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 FBI purchased a Markes International, Inc. Thermal Desorption Unit (Unity-xr) on March 30th, 2023, via Purchase Order (PO) Number 15F06723P0001570. The Unity-xr is a Thermal Desorber, which takes a Sample Sorbent Tube which has been used to collect a sample via either Passive or Active sampling. The sorbent tube is then placed into the Unity-xr autosampler which loads the tube into the heated desorption chamber of the Unity-xr. The system ballistically heats the tube releasing the analytes of interest onto a focusing Trap which will remove water and then splits the sample on a GCMS system for analysis.

Requisition Number: SHOP-PR-24-000033 Version 2.2 Page 2

The Micro-Chamber/Thermal Extractor is a separate unit which collects the sample that is being outgassed by sample material which is collected and/or trapped onto a Sample Sorbent Tube. This tube would be transferred to the Unity-xr system for analysis. Materials can be construction materials, consumer goods, food, tobacco, and combustible products which the reactive gases may be captured. The Micro-Chamber/Thermal Extractor is a standalone product that was created by Markes for the collection of outgassed analytes from liquid, solid, and powder materials on a smaller scale than what was commercially available.

This requirement includes the following necessary materials and/or items for use in research and development related to vapor detection:

a) Item No. M-CTE250TI; μ-CTE 250°C, 4 inert micro-chambers (114 mL) and 4 toggle valves

b) Item No. U-GAS03; Single regulator pneumatics accessory

c) Item No. M-CHCT-250; Calibration tool for M-CTE250I

d) Item No. M-HUMID-UPGD; Humidifier upgrade for µ-CTE

e) Item No. M-PRMIN-LRG-250; Permeation Accessory, Large, for M-CTE2501

f) Item No. M-SPGSC-250; Adjustable spring spacer, for M-CTE250I, pk 4

g) Item No. M-SPGSC-250; SPF sample cutter and mat for M-CTE250I

h) Item No. M-MCAL50; Sample Dish, Aluminum, 50mL, for high temp Micro-chamber, pk

The Micro-Chamber/Thermal Extractor will support the main instrument component, (Unity-xr), that is presently in the FBI’s TIEDS Laboratory, and these components are required for analyzing larger volumes of sorbent material used for vapor collection and will allow permeation studies of explosives through materials, as well as surface materials.

4. Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

For purposes of this acquisition, the statutory authority permitting other than full and open competition is delineated at 41 U.S.C. 3304 (a) (1) and implemented at FAR Part 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Requisition Number: SHOP-PR-24-000033 Version 2.2 Page 3

Markes International, Inc. is the only company qualified to provide the Micro-Chamber/Thermal Extractor because they are the manufacturer of the existing Unity-xr system owned by the FBI.

The same manufacturer must be used to provide both the Unity-xr and the Micro- Chamber/Thermal Extractor. The Micro-Chamber is an add-on and will be integrated with the current system. The Micro-Chamber by Markes is the only multi-pot (4 pot) fully inert Thermal Extractor that is capable of using 3.5-inch tubes which are standard for the Unity-xr 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 FAR 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.

7. 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, technical calls with presentations, and discussions with application scientists. This research identified the necessary components needed to upgrade and utilize the current instrumentation. The Micro-Chamber/Thermal Extractor and its accessories must come from the same manufacturer as the Unity-xr Thermal Desorption Unit.

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.

See section 5 above.

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

Requisition Number: SHOP-PR-24-000033 Version 2.2 Page 4

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.

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 Program Analyst TEDAC Section Redstone Arsenal, Alabama

Contracting Officer:

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

Bryan Lane Date bvlane@fbi.gov National Acquisition Programs Unit Quantico, Virginia mailto:bvlane@fbi.gov