JOFOC_PR0002201.pdf

Requisition Number: DJF-19-0700-PR-0002201 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 (STATE

AUTHORITY 41 USC 3304

Requisition Number: DJF-19-0700-PR-0002201

Date: 2/25/2019

Estimated Contract Dollar Value: $25,000.00

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Operational Projects Unit (OPU), has prepared this justification for other than full and open competition for Nikon repair services on behalf of the Operational Projects Unit, 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, fixed price, blanket purchase agreement (BPA), sole sourced to Nikon, Inc. for the purpose of professional repair services for photographic operations.

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

The Operational Projects Unit (OPU), Laboratory Division (LD) is responsible for maintaining the entire inventory of Nikon photographic equipment used by the photographers in the field.

There are also “Special Teams” and Squads in the field using Nikon photographic equipment that

OPU is also responsible for maintaining. The total inventory exceeds a replacement cost of

$20,000,000.00. OPU also averages one hundred fifty-repair shipments to Nikon each year. With the volumous amount of repairs, it is not feasible for the transactions to be done on a credit card.

A Blanket Purchased Agreement would allow OPU to support the field wide photographic program by enabling it to repair the Bureau’s photographic inventory and to acquire Nikon supplies/accessories, and equipment in a timely and expedient fashion.

OPU requests a BPA with Nikon to provide a mechanism for acquiring repair services on photographic equipment to support OPU Photographic Operations, Field Photography Program and other field operations needing Nikon equipment repair.

Requisition Number: DJF-19-0700-PR-0002201 Version 1.0 Page 2 of 4

Estimated Performance period 03/11/2019 – 09/30/2019

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 (c)(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.

Nikon Inc. is uniquely qualified to provide these services to Operational Projects Unit based on the fact they are the only company that can provide all of the repair services and handle the volume of repairs while maintaining a reasonable turn-around. Nikon Inc. has two repair facilities in the continental US to cover Nikon USA warranty items: Nikon HQ in Melville, NY and Nikon’s West Coast Repair Facility in Los Angeles, CA. Although there are authorized repair stations that are independent businesses, they are not authorized to repair all of Nikon’s equipment such as lenses. Therefore Nikon is the only vendor that can repair all of the FBI’s

Nikon photographic equipment as needed.

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.

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.

OPU has researched the different equipment and supply companies in the market by conducting research through photographic websites and liaison with local companies. While there are other authorized independent businesses that could perform some of the repair services, there is not another vendor that is authorized to perform all of the repair services.

Nikon, Inc. is the only vendor that is authorized to perform all of the repair services on the

FBI’s currently owned photographic inventory.

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

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-0002201 Version 1.0 Page 3 of 4

OPU has found only one vendor with the range of supplies, equipment, and repair services that will meet all of the specifications and requirements listed above. Without a BPA for repair services with Nikon, Inc., it would create significant delays with operations. The OPU mission requires vast photographic resources and repair services for successful completion. Delays in acquiring these repair services and resources will greatly hamper the OPU's ability to meet mission requirements in a timely manner.

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 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.

If another vendor becomes available with the potential to provide the vast photographic repair services and resources needed, OPU will evaluate for possible future use.

Requisition Number: DJF-19-0700-PR-0002201 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.

Ava A. Brantley

Signature Date

Contracting Officer:

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

Jerry D. Varnell

Signature Date