OM JOFOC X-RIS.pdf

Requisition Number: DJF-21-0700-PR-0003479

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FEDERAL BUREAU OF INVESTIGATION

FINANCE 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)

Date: April 26, 2021

Estimated Contract Dollar Value: $XXX,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 an X-RiS X-Ray Imaging Solutions Dxbox-200 Cabinet X-Ray System and Associated Components on behalf of the Explosives Unit (EU), Laboratory Division (LD).

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 contract shall be awarded to X-RiS X-Ray Imaging Solutions SPRL (Herstal, Belgium) for the purchase of X-RiS X-Ray Imaging Solutions Dxbox- 200 Cabinet X-Ray System and Associated Components. A Notice of Intent (NOI) to Sole Source will be posted on the beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue and award to X-RiS. 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.

This requirement is to provide X-RiS X-Ray Imaging Solutions Dxbox-200 Cabinet X-Ray System and Associated Components at an estimated total cost of $XXX,XXX.XX. The X-RiS X- Ray Imaging Solutions Dxbox-200 Cabinet X-Ray System enables EU personnel to perform forensic analysis on improvised explosive devices (IEDs) collected from around the world. This equipment is necessary and essential to minimize hazards when evidence is submitted to the laboratory. To support the mission of TEDAC, IED related evidence submitted to the

Version 2.2 2 of 4 laboratory is x-rayed to ensure it is safe to handle. In addition, x-rays of IEDs and associated components enable EU personnel to further understand the construction of the item. This cabinet x-ray allows for two different detectors; one detector has lower resolution to get overall x-rays of items and the second provides finer resolution for specific parts of items. As an example, the fine resolution detector allows for EU examiners to identify the precise location of various explosive materials within improvised and commercial detonators. This capability is highly significant and is required in order to obtain samples of these materials for further forensic analysis.

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 6.302-1entitled, “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 material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment is a X-RiS cabinet x-ray system, and the new item must coordinate, connect, or interface with the existing system by taking up the same amount of physical space, having the same power requirements, utilizing the same software, and including the same safety features.

The specific characteristics of the X-RiS Dxbox Cabinet X-Ray system that limit the availability to a sole source are its’ custom design and the interoperability between laboratory facilities and personnel. The technical requirements include:

A shielded x-ray cabinet on wheels with two superimposed decks.

A maximum detector focal distance of 900mm.

For safety: an emergency stop button, magnetic door sensors, and flashing lights.

A Gem X-200 x-ray generator, produces 500-200kV, has a 0.5x0.7mm focal spot, and is oil insulated.

Two separate detectors:

o Dereo HE 4040: 200um pixel size and active area of 40x40cm o Dereo HR49 1506: 49um pixel size and active area of 6x15cm

Maestro software with Acuity filter which allows for viewing live x-ray images, capturing x-ray images, and ability to take measurements.

The X-RIS Dxbox-200 Cabinet X-ray imaging systems meets all of the specified technical requirements. Additionally, this system has already been validated, written into forensic examination technical procedures and is currently being utilized by EU personnel in both Quantico and TEDAC who have been trained and qualified on this system.

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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 beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to X-RiS. 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 shall not exceed $XXX,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.

Market research was conducted through internet searches and research of literature by members of the EU. EU personnel regularly study current literature and attend explosives conferences regarding technologies and equipment currently available to keep abreast of which vendors offer the equipment and services needed. The resulting determination is that there is only one product that currently meets all the criteria outlined in this document, and that is the X-RiS Dxbox-200 Cabinet X-Ray Imaging System.

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

Please see section three (3) and five (5) 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 beta.SAM.gov website for this requirement, which will publicize the FBI’s intent to issue an award to X-RiS. 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 EU to identify potential sources possessing the ability to satisfy this and similar requirements are ongoing. The Government will continue to research the market to

Version 2.2 4 of 4 obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that the barriers to competition are avoided to ensure we obtain the best value for the government.