JOFOC-0004712.pdf

Requisition Number: DJF-16-0700-PR-0004712 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 (A) (1)

Requisition Number: DJF-16-0700-PR-0004712

Date: 1/13/2016

Estimated Contract Dollar Value: $205,123.00

1. Identification of the agency and contracting activity.

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

Contracts Unit has prepared this justification for other than full and open competition for a

South-Tek Systems STS Model N2 GEN – 125S PSA Nitrogen Generator, a Kobelco KNW0

Water Cooled Air Compressor, and a Pattons Medical Desiccant Dry Model 07-50-011 on behalf of the FBI Laboratory’s Scientific Analysis Unit.

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 contract will be a sole source, Firm-Fixed Price, contract to South-Tek

Systems LLC, 2940 Orville Wright Way, STE 600 Wilmington, NC 28405.

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

The Scientific Analysis Unit utilizes Nitrogen gas (N2) for multiple analytical techniques in the exploitation of evidence processed by the Huntsville, AL laboratory. A redundant system will reduce the load on the existing N2 Generator, extending the lifetime of the equipment, as well as serve as a backup in the event of maintenance or system downtime. A failure of the existing system would prove catastrophic to casework processing and turn-around time. The Nitrogen

Gas generated by this system is used daily by multiple pieces of equipment.

In the event of a system failure this generator will allow immediate, uninterrupted processing of evidence, compared to a week or longer if the system was not installed.

The following technical requirements must be met: STS Model N2 GEN – 125S PSA Nitrogen

Generator generating N2 with purity > 99% and pressure > 100 PSI, producing > 1,776 standard

Requisition Number: DJF-16-0700-PR-0004712 Version 1.0 Page 2 of 4 cubic feet per hour (SCFH) of N2. Kobelco Model KNW0 Water Cooled Air Compressor.

Pattons Medical Desiccant Dryer Model 07-50-011

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

For the purposes of this acquisition, the statutory authority permitting other than full and open competition is delineated at 41 U.S.C. 3304 (a) (1) and implemented at FAR Part 6.302-1. 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.

South-Tek Systems LLC is uniquely qualified to provide these products to the Scientific

Analysis Unit based upon the following:

Only South-Tek Systems LLC is capable of responding due to the unique or specialized nature of the work.

The requested N2 Generator is a redundant system to the existing N2 Generator installed with the commissioning of the building. In order for the system to properly communicate and function with the existing system, it must be the same model and specifications as the existing system. To attempt to tie in a separate system to the existing system would create cost and logistical challenges that would negatively impact both the installation time and confidence in the functionality of the backup system. For this system to properly work in tandem there is a significant amount of programming involved, which is not nearly as feasible to accomplish, particularly in a timely fashion, if a separate system were to be used. This is a specialized installation that only certain authorized contractors are able to perform, as dictated by the manufacturer, to ensure proper functionality of equipment and maintain the manufacturer’s warranty. The existing generator is under warranty through the company that will conduct the installation of the redundant system, ensuring that there is no conflict with the existing warranty.

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 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.

Requisition Number: DJF-16-0700-PR-0004712 Version 1.0 Page 3 of 4

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 by using internet searches and by contacting knowledgeable industry professionals. It was determined that South-Tek Systems is the sole manufacturer and distributor of the STS Model N2 GEN – 125S PSA Nitrogen Generator, a Kobelco

KNW0 Water Cooled Air Compressor, and a Pattons Medical Desiccant Dry Model 07-50-

011. It is recommended to purchase the product from South Tek Systems LLC, as they are the only vendor capable of providing a product meeting the FBI’s exact requirement.

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

See question 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. 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 conduct market surveys and research available through industry shows and technology releases in the form of papers and journals on subsequent acquisitions.

Requisition Number: DJF-16-0700-PR-0004712 Version 1.0 Page 4 of 4

Reviews and Approvals (Not exceeding $650,000)

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.

Brian Marsh

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