JandA-0004741.pdf

Requisition Number: DJF-19-0700-PR-0004741 Version 1.0 Page 1 of 4

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

AUTHORITY 41 USC 3304(A)(1)

Requisition Number: DJF-19-0700-PR-0004741

Date: 3/15/19

Estimated Contract Dollar Value: $279,169.00

1. Identification of the agency and contracting activity.

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

Acquisition Unit, proposes to enter into a contract on the basis of other than full and open competition for a Tecan Fluent 780 robot on behalf of the Biometric Analysis Section (BAS), Federal DNA Database Unit (FDDU), 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 onetime, firm fixed price, sole source contract with Tecan, 9401

Globe Center Drive, Suite 140, Morrisville, NC 27560.

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

The Tecan Fluent 780 with FCA & RGA will be used with Federal DNA Database Unit’s current robotic system. The Tecan robotic system currently performs the processing of all submitted samples to FDDU. Currently there are nine (9) Tecan robots online that have been validated for the FDDU automation process. The Tecan robotic system is critical in getting the plates processed and onto the genetic analyzers so the data may be reviewed for upload to CODIS. The oldest of these workstations was deployed in 2001. These instruments are due for replacement and Tecan is no longer replacing or servicing the barcode scanners on the aging instruments. In order to avoid any interruptions in the DNA sample process, a new replacement Tecan is required. Not obtaining this critical Tecan replacement robot would decrease the efficiency of the current workflow and also decrease of the throughput of samples in the laboratory operations.

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION

Requisition Number: DJF-19-0700-PR-0004741 Version 1.0 Page 2 of 4

The requirement is estimated total cost of $279,169.00. This will allow the FDDU to continue to process the high quantity of samples being submitted to the laboratory.

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

The statutory authority permitting other than full and open competition is 41 USC 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.

The FDDU currently utilizes nine (9) Tecan robots that are aging and need to acquire a new Tecan robot. Research and validation for the processing of database samples that are placed in CODIS has been completed on the Tecan robots. Tecan has one (1) authorized reseller, Technical

Communities; however due to the custom configuration required to allow the Tecan robot to interface with other instruments in the Laboratory, this particular requirement can only be met by

Tecan. No other vendor is approved to provide these unique items needed to keep the Laboratory working effectively. Therefore, Tecan is the only company that is uniquely qualified to provide these supplies to the FDDU.

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.

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.

Market research was performed through internet searches and attending industry sessions. Due to the technical nature of these products, Tecan is the sole manufacturer of these highly unique robots. Therefore, Tecan is the only company that can provide instruments to the FDDU.

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

If we do not acquire a new Tecan, it will cost the laboratory division time and money and will also negatively affect the efficiency of the robotic platform currently used for database purposes.

Without a replacement instrument the FDDU will be at risk to use much more reagents and have 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-0004741 Version 1.0 Page 3 of 4 increased downtime, which will negatively affect the unit’s ability to process the high quantity of samples being submitted to the laboratory.

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 review research available through industry shows and technology releases in the form of papers and journals. This will be used to identify potential sources on subsequent acquisitions.

Requisition Number: DJF-19-0700-PR-0004741 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

Contracting Officer:

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

Signature Date