JOFOC-1833.pdf

Requisition Number: DJF-18-1100-PR-0001833 Version 1.0 Page 1 of 4

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

Requisition Number: DJF-18-1100-PR-0001833

Date: 11/6/2017

Estimated Contract Dollar Value: $120,000

1. Identification of the agency and contracting activity.

The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Science and

Technology Acquisition Unit, has prepared this justification for other than full and open competition for the establishment of a service agreement for AutoClear X-Ray Equipment on behalf of the Strategy, Policy and Logistics Unit, Security Division.

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 Security Division has a requirement for the procurement of AutoClear X-Ray Maintenance

Support Services. The proposed action will be a one time, firm fixed priced, sole source contract to AutoClear.

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

The Security Division has a requirement to acquire corrective and preventive maintenance services for twenty six (26) previously acquired X-ray equipment. The service includes the following:

Prompt On-Site Coverage (response time of not more than 36 hours)

24 x 7 help-desk support

Annual preventive maintenance check

Radiation testing

Calibration of all X-Ray machines

Factory-recommended replacement parts

AutoClear proprietary software updates

Proprietary factory recommended upgrades and service notes

Escalation to factory for expertise and replacement instrument

Requisition Number: DJF-18-1100-PR-0001833 Version 1.0 Page 2 of 4

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.

AutoClear is the sole manufacture and supplier of the FBI’s existing AutoClear X-Ray equipment and its replacement and new parts used in maintaining and servicing the X-Rays. The maintenance must be performed by an AutoClear trained technician and only AutoClear replacement parts are authorized to be used on the X-Rays. If the maintenance is performed or replacement parts installed by a 3rd party the work performed and parts installed are not guaranteed by AutoClear and will void any existing warranty or Maintenance Agreement and could compromise the total performance of the system. AutoClear is the only vendor capable of providing the proper support for our X-Ray 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 will publicize this requirement on the Federal Business Opportunities website. The announcement will give an 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 15.804-2(a)-(e).

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

Market research was conducted via the internet and by contacting other X-Ray companies. It was concluded that AutoClear is the only company that can meet our requirement as they are the sole source provider of our existing AutoClear X-Rays, the required preventative and corrective maintenance as well as the sole source contact for factory authorized services to include escalation to AutoClear’s factory for expertise and the possible need to replace an instrument.

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

The FBI currently maintains over 30 AutoClear X-ray machines and this effort is to standardize security X-ray equipment across the bureau. Additionally, the FBI currently has more than $595K 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-18-1100-PR-0001833 Version 1.0 Page 3 of 4 invested in these AutoClear X-Ray machines, so it is imperative they are maintained and serviced at the correct intervals, and that only exact parts be utilized.

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. This synopsis will give an opportunity for other vendors to demonstrate their ability to meet the FBI’s specific needs through a submission of technical capabilities and cost information.

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 research the market in an effort to determine if alternate suppliers can provide the required service for future procurement efforts.

Requisition Number: DJF-18-1100-PR-0001833 Version 1.0 Page 4 of 4

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.

Signature Date

Carl Jay Anderson

Contracting Officer:

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

Signature Date

Jerry D. Varnell