PSU_X-Ray_OM_AstroPhysics_JOFOC.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Part 6 Requisition Number: Insert Requisition Number

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH Federal Acquisition Regulation (FAR) 8.405-6(c) FAR 8.405-2, and FAR 8.405-3 pursuant to the authority of 41 U.S.C. 251 FAR 8.405-6(a)(1)(i)(B). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq, and 40 U.S.C. 501).

Requisition Number: SHOP-PR-24-000868 Date: 12/28/2023 Estimated Contract Dollar Value: $120,225

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Security Operations Section (SOS), Physical Security Unit (PSU), proposes to enter into a contract on a basis of other than full and open competition for Astrophysics X-Ray Equipment on behalf of the FBI Security Division (SecD).

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

FBI’s SecD has a requirement for the procurement Astrophysics X-Ray machines operations and maintenance services. A sole source, firm fixed priced, contract is being requested with Astrophysics.

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

SecD has a requirement to acquire corrective and preventive maintenance services for previously acquired Astrophysics X-ray equipment. The total requirement is valued at an estimate of $120,225.

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

FAR 8.405-6 (a)(1)(i) (B) – Only one source is capable of responding due to the unique or specialized nature of the work. The contracting company is the only entity that services equipment manufactured by them. Please reference the attached signed justification from the contracting company.

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

Small business is not considered due to the fact that this request is for servicing current equipment that has been purchased from Astrophysics. There are over fourteen (14) Astrophysics X-Ray machines in use throughout the FBI.

This X-Ray equipment is comprised of assemblies, subassemblies, and parts that are designed and developed by and are propriety to Astrophysics. Astrophysics is the sole manufacturer of the referenced equipment and is the only vendor capable of providing proper support for referenced equipment to ensure optimal performance throughout the life of the 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 is standardizing X-ray machines. Replacing these machines with newer systems of unknown reliability, quality, and endurance would be cost prohibitive in the current fiscal environment and represent the possibility of additional security and procurement risks that the FBI does not consider reasonable or acceptable at this time.

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.

This contract will be a Delivery Order from the GSA Schedule Contract GS-07F-9597 is consistent with historical labor and equipment costs.

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

Market research was not conducted as the referenced machines were purchased from Astrophysics and as manufactured; they are uniquely qualified to perform all service activities in support of their equipment.

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

The FBI currently maintains over twenty 14 Astrophysics X-ray machines and this effort is for servicing these existing machines. Additionally, the FBI currently has more than $509K invested in these Astrophysics X-Ray machines, so it is imperative they are maintained and serviced at the correct intervals, and that only exact parts be utilized. Once the machines become obsolete, the FBI plans on procuring Smiths Detection or AutoClear X-Ray machines so that eventually we can do away with all of the AstroPhysics X-Ray machines.

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

The requirement has not yet been publicized.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

These machines were initially competitively acquired, and due to their propriety nature, only Astrophysics can provide the required maintenance to coincide with rationale of procurement. The sole source notification will be posted on FBO for vendors to view and/or respond to the FBI’s intent.

Reviews and Approvals (Not exceeding $650,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviews and Approvals ($650,000 to $5,000,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed and Approved by:

Competition Advocate:

Signature Date

Reviews and Approvals ($5,000,000 to $12,500,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Office of General Counsel:

Signature Date

Approved by:

Competition Advocate:

Signature Date

Reviews and Approvals ($12,500,000 to $62,500,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Office of General Counsel:

Signature Date

Competition Advocate:

Signature Date

Approved by:

Head of Contract Activity:

Reviews and Approvals (Exceeding $62,500,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Office of General Counsel –:

Signature Date

Competition Advocate:

Signature Date

Head of Contract Activity:

Signature Date

Approved by Senior Procurement Executive:

Requisition Number: TBD

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