JandA_RFQ-0000006.pdf

Requisition Number: DJF-19-0700-PR-0000006 Version 1.0 Page 1 of 5

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

AUTHORITY 41 U.S.C. 1901

Requisition Number: DJF-19-0700-PR-0000006

Date: 09/27/2018

Estimated Contract Dollar Value: $1,000,000

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Science and Technology

Acquisition Unit has prepared this justification for other than full and open competition for acquiring Labconco Capture BT Fuming Chambers on behalf of the Evidence Response Team

Unit (ERTU), Laboratory Division.

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

The proposed action shall be a sole source award, Indefinite Delivery Indefinite Quantity

(IDIQ) type contract, with Firm-Fixed Price delivery orders to include a base year, as well as four (4) one-year option periods for the Labconco Capture BT Fuming Chambers to Arrowhead

Scientific, Inc. located at 11006 Strang Line Road, Lenexa, Kansas 66215.

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

The Evidence Response Team (ERT) requires the following Labconco products:

Capture Bench Top Cyanoacrylate Fuming Chamber, Product Number: A-31700CLC, to include the following:

Capture Bench Top Cyanoacrylate Fuming Chambers, Product Number: 3170000-

25382A

Mobile Stand, Product Number: 3182900

Single Wire Shelf, Product Number: 3181511LC.

Technical Requirements:

Requisition Number: DJF-19-0700-PR-0000006 Version 1.0 Page 2 of 5

1. Must be a completely sealed Super Glue Fuming (SGF) chamber

a. Must include a mobile cart

i. Cart must be large enough to securely hold chamber

ii. Cart must have casters to allow for portability

iii. Cart must be small enough that when combined with chamber the entire unit will fit through a doorway, maximum width 48” and maximum height 84”

iv. Cart must include storage

b. Must include a re-circulatory ductless filtration system

i. Exhaust fan

ii. Pre-filter

iii. Multi-layered carbon filter with 500 cycle life span

iv. Must include electronic door lock to prevent opening during the fuming cycle

v. Exhausting or purging of unit must continue for a minimum of thirty minutes after the cycle ends

vi. Purging of unit must be maintained while main door of chamber is open

vii. Must have a standby exhaust mode to refresh chamber air when chamber is not in use

c. Must include a humidity source external to main gluing chamber but contained within the unit as a whole

d. Minimum interior dimensions of 25”W x 25”D and have a minimum volume of 18.5 cubic feet.

e. Interior surface of chamber must be type 304 stainless steel

f. Chamber door must be made with tempered safety glass

g. Must include interior LED lighting

h. Must include interior shelving support that can accommodate up to four shelves, eight half shelves, and/or 16 rods

i. ECM recirculation blower to move air through the chamber during the humidifying and fuming cycles

j. Must have a high temperature hotplate able to reach minimum temperature of 300

Celsius in eight minutes and maintaining temperature +/- 1 Celsius during entire fuming cycle

k. Must have full automation of fuming process

i. Color LCD display for fuming parameters, preferences, and options

ii. Adjustable chamber humidity up to 80% +/- 5% relative humidity

iii. Adjustable pre-fuming humidity dwelling

iv. Adjustable fuming temperature up to 315 Celsius

v. Diagnostic mode to calibrate sensors

vi. Filter life counter

vii. Audible/visual alert for program cycle completion

l. Must include an automated weigh boat drop adaptation

i. Holds weigh boat with glue away from hotplate until set temperature is reached

ii. Drops weigh boat automatically to start microburst fuming process

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

Requisition Number: DJF-19-0700-PR-0000006 Version 1.0 Page 3 of 5

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 (a) (2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.106-1 (b) (2) entitled, “For Purchases exceeding the simplified acquisition threshold. The requirements at 13.501 (a) apply to sole-source (including brand-name) acquisitions of commercial items conducted pursuant to subpart 13.5.”

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

The FBI received a letter from the manufacturer, Labconco stating that Arrowhead Scientific, Inc. is the exclusive authorized distributor for the Labconco Capture BT Fuming Chambers, product number A-31700CLC, See Letter from Jeff Carlson (Sept. 7, 2018). Therefore, Arrowhead Scientific, Inc. is the only vendor capable of delivering the specified items due to its exclusive distribution relationship with the manufacturer.

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 will publicize this requirement on the Federal Business Opportunities website. This announcement will give the 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. 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 $1,000,000.00. The contract value is based on providing each of the fifty-six (56) Field ERT with a Labconco Capture Bench Top

Cyanoacrylate Fuming Chamber in an effort to standardize all field offices while maintaining a fiscally responsible posture. 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.

The ERTU has met with forensic vendors, conducted field tests of various different chambers, conducted internet research, and have consulted with subject matter experts from the Latent Print

Operations Unit (LPOU). The LPOU Laboratory Program Manager has been to multiple forensic conferences and met with multiple forensic vendors as well as conducted research on the available Bench Top Fuming Chambers on the market manufactured by Labconco, Air Science, Sirchie, Mystaire, TopAir and Attestor Forensics. Based on the information gleaned from that research, the LPOU concluded that the Labconco Capture Bench Top Cyanoacrylate Fuming

Chamber is the only Bench Top Fuming Chamber on the market that meets the ERTU’s requirements, specifically the automated weigh boat drop and stainless steel feature. The LPOU https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990

Requisition Number: DJF-19-0700-PR-0000006 Version 1.0 Page 4 of 5 does not know of any other manufacturer who has built a chamber meeting our requirements which are met by the Labconco Capture Bench Top Cyanoacrylate Fuming Chamber.

Additional information concerning the market was obtained through previous procurement efforts conducted in the fourth quarter of Fiscal Year 2018. On August 27, 2018, the FBI awarded a contract to Tri-Tech Forensics, Inc. for the Labconco Capture Bench Top

Cyanoacrylate Fuming Chamber, product number A31700CLC. After receiving notice of the award, Arrowhead Scientific, Inc. submitted an agency level protest on August 30, 2018 on the grounds that they have exclusive distributor rights based on the FBI’s stated requirements. In support of its protest, Arrowhead Scientific, Inc. submitted a letter from the National Sales

Manager for the manufacturer, Labconco. It stated that Arrowhead Scientific, Inc. is the exclusive distributor for the product with the FBI’s stated requirements. This information was also confirmed by the FBI with Labconco via telephone. The awardee, Tri-Tech Forensics, Inc.

conceded that they are not capable of delivering the products based on the information gained after the award, specifically, Arrowheads Scientific, Inc. exclusive distribution relationship with

Labconco. After review by the Office of the General Counsel (OGC) a protest decision was issued. It was determined that it was appropriate to take corrective action in the form of terminating the award to Tri-Tech Forensics, Inc. for convenience, cancelling the RFQ, and pursuing a sole source procurement with Arrowhead Scientific, Inc.

Based upon all available information, ERTU has determined the Labconco Capture Bench Top

Cyanoacrylate Fuming Chamber, product number A31700CLC is the only product on the market that meets the requirements and needs for the ERT’s mission and is exclusively sold by

Arrowhead Scientific, Inc.

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

See facts supporting other than full and open competition under #8 above.

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

A synopsis with the Government’s intent to sole source to Arrowhead Scientific, Inc. 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 communicate their technical requirements to industry in an effort to make continual improvements to the super glue fuming process that meet the agency’s need and seek other potential offerors.

Requisition Number: DJF-19-0700-PR-0000006 Version 1.0 Page 5 of 5

Reviews and Approvals ($700,000 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.

Reviewed and Approved by:

Unit Chief/Team Supervisor:

Competition Advocate: