RAPISCAN Justification OY21 W9M10009.pdf

NATIONAL ACQUISITIONS SECTION

LIMITED SOURCE JUSTIFICATION

1. Contracting Agency:

U.S. Department of Justice, Federal Bureau of Prisons (Bureau), Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Nature and/or Description of Action being Approved

This action will be a conducted pursuant to the terms and conditions of the contractor’s GSA Federal Supply Schedule (FSS).

The acquisition will be a one-year task order issued against the

FSS.

3. A description of the supplies or services required to meet the agency's needs including estimated value:

The Bureau has a requirement of ongoing technical support for Rapiscan x-ray scanners located throughout the United States, including Hawaii and Puerto Rico. The warranty includes professional on-site maintenance, repair parts including shipping, labor including travel costs, 24 hour response, preventative maintenance and radiation safety surveys and dedicated 24/7 telephone support.

The estimated value of this procurement is $469,064.84.

4. Authority and Supporting Rationale:

This procurement is conducted under the authority of 41 U.S.C.

152(3), 40 U.S.C. 501 and MAS. In accordance with FAR 8.405-6(a)(1)(i)(B), only one source is capable of providing the corrective and preventative maintenance required because of the uniqueness of providing support to equipment proprietary to Rapiscan.

Market research indicates the warranty is only available through the manufacturer, Rapiscan, and reseller authority has not been granted. Rapiscan has subcontracted service and support to Siemens using technicians trained and certified by Rapiscan.

Contractually, only Rapiscan can authorize, schedule, and dispatch Siemens technicians to work on the

Rapiscan x-ray machines. Rapiscan maintains logistical control of the parts, services, and support for this equipment. Siemens has already indicated their inability to offer a quote for this maintenance agreement due to their existing contractual relationship with Rapiscan.

The maintenance and service can only be performed by technicians that are fully certified to work on Rapiscan x-ray machines. The equipment has a radioactive source contained by lead shielding.

State and Federal Regulations and Guidelines must be followed for performing maintenance and service on this equipment.

The x-ray machines are the Bureau’s first and foremost security devices utilized to screen all packages, parcels, clothing, and other items belonging to visitors and staff entering secure BOP institutions. The properly functioning machines are essential to the contraband interdiction efforts and integral to the safety and security of staff and inmates.

5. Contracting Officer’s Best Value Determination:

GSA has already determined that prices under schedule contracts to be fair and reasonable. The Contracting Officer has determined that utilizing GSA for this requirement is the best value for the Government. Additionally, Rapiscan is offering a quantity discount of $14,507.16.

6. Market Research:

Market research was conducted through GSA FSS, NASA SEWP, and via commercial market avenues in an effort to obtain competition for this acquisition. Market research revealed that Rapiscan does not contract with authorized resellers.

7. Other Factors:

None

8. Statement of the Actions to Remove or Overcome any Barriers:

The Contracting Officer researched GSA FSS and the commercial market while conducting market research to determine if additional responsible offerors were capable of providing the requirement. The Contracting Officer and the program office, will continue to conduct market research to ascertain the availability of other sources for competition for future acquisitions.

9. Contracting Officer's Certification:

I hereby certify this Justification for Other than Full and Open Competition is made in good faith and the supporting data and information are accurate and complete to the best of my knowledge and belief.

Vanessa Jackson, Contracting Officer Date

National Acquisitions Section

Technical Certification:

I certify that the supporting data under my cognizance which verifies the Government's requirements included in this justification are accurate and complete to the best of my knowledge and belief.

Keith McDaniel, Project Manager of Applied Technology Date Security Technology Branch

Concurrence:

Robert Bland, Chief National Acquisitions Section

Date

Approval:

Catherine S. Scott, Chief Acquisitions Branch

Date