JOFOC_UNCLASSIFIED_U_.pdf

Requisition Number: DJF-19-0700-PR-0001816 Version 1.0 Page 1 of 5

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

AUTHORITY 41 U.S.C. 3304 (A) (1)

Requisition Number: DJF-19-0700-PR-0001816

Date: 12/19/2018

Estimated Contract Dollar Value: $75,527.10

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 to acquire a twelve (12) month service agreement to cover maintenance and repair on the following four (4) Scientific instruments: (1) ELEMENT 2 Mass Spectrometer including sta, (2) DELTA V

Plus with UC-3 and Computer, (3) EASY nLC 1200, and (4) Q Exactive Plus Mass

Spectrometer. The service agreement is being acquired on behalf of the Counterterrorism and

Forensic Science Research Unit (CFSRU), 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 one time, firm fixed price, sole source contract to Thermo

Electron North American, LLC, 1400 Northpoint Pkwy Suite 50, West Palm Beach, Florida to acquire the required service agreement.

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

CFSRU’s research depends on regular use of the listed instruments which must be properly maintained for reliable performance. It is essential to keep these instruments covered under a twelve (12) month service plan to ensure operation at peak performance. The lack of a service plan will stop or delay research if the instrument fails. The following Service Agreement Plans are required:

Requisition Number: DJF-19-0700-PR-0001816 Version 1.0 Page 2 of 5

Instrument Services Agreement Plan Coverage

Period

1. ELEMENT2 Mass

Spectrometer including sta

Unity Limited Support Plan –

Elemental ICP/MS

02/22/2019 –

02/21/2020

2. DELTA V PLUS with UC-3 and Computer

Unity Limited Support Plan

APG-MASS SPEC

02/22/2019 –

02/21/2020

3. EASY nLC 1200 Unity Limited Support Plan –

CHROM-LC

02/22/2019 –

02/21/2020

4. Q Exactive Plus Mass

Spectrometer

Unity Basic Ext Warranty –

MSPEC-LC-MS

02/22/2019 -

02/21/2020

Technical Requirements:

One (1) demand on-site field service visit with a response within 5 days

Engineer labor and travel included for one (1) demand on-site field service visit

Factory-certified replacement parts included (during on-site service)

Priority status for technical support inquiries

One (1) Scheduled Preventative Maintenance visit

Direct software support to include software updates and notifications on all four

Instruments

Support and Coverage of computers required for the operation of the system.

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 6.302-1 entitled, “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.

Thermo Electron North America LLC is the only vender that can adequately perform all of the required services on these instruments. As the manufacturer of the instruments, Thermo Electron service engineers are the most knowledgeable and best qualified to service these systems. In addition, Thermo Electron is the only vender that can provide updates for the operating software.

CFSRU has an established history with Thermo Electron products and services and the vendor has performed well with outstanding service support. Thermo Electron North America is the only company that can provide all of the required service needs for all of the listed instrument systems and the associated peripheral devices

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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.

The FBI will publicize this requirement on the Federal Business Opportunities website on. 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.

Before awarding a contract, the Contracting Officer will perform a price analysis in accordance with FAR 13.106-3.

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

To facilitate the acquisition of this service agreement, internet market research was conducted in an attempt to identify potential sources capable of providing the required service for these complex systems. In addition, CFSRU scientists, who use the instruments, attend scientific conferences where similar instruments are demonstrated by vendors. Their discussions with these vendors and routine liaison with a wide range of scientists who use this equipment indicate

Thermo Electron North America is the only appropriate vendor to provide the required services.

Thermo Electron North America is the parent company that manufactures these instruments and therefore is the most knowledgeable of the instruments and peripheral devices. Thermo Electron

North America offers a variety of service plans to best meet the essential needs of each type of instrumentation to keep each system in top condition for dependable operation, minimizing down time. Thermo Electron North America is the only company that can provide all of the required service needs for all of the listed instrument systems and the associated peripheral devices.

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

Thermo Electron North America has performed well in the past with outstanding service support.

Thermo Electron North America is the only recommended vendor to provide the required service agreement for these instruments. As the parent company that manufactures these instruments

Thermo Electron engineers are familiar with the instrumentation and peripherals, and have ready access to original equipment manufacturer (OEM) replacement parts and software updates. Third party vendors may be able to provide some service but they do not have the level of technical expertise offered by Thermo Electron engineers and do not have immediate access to all OEM replacement parts and software. Thermo Electron is the only company that can service the highly specialized Thermo Electron Element2 ICP-MS.

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-0001816 Version 1.0 Page 4 of 5

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

A synopsis will be posted on the Federal Business Opportunities website on 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 conduct market research through scientific conferences and internet research on subsequent acquisitions.

Requisition Number: DJF-19-0700-PR-0001816 Version 1.0 Page 5 of 5

Reviews and Approvals (Not exceeding $700,000)

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.

Mark L. Miller Date

Signature

Contracting Officer:

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

Jerry D. Varnell Date

Signature