JandA-0005159.pdf

Requisition Number: DJF-19-0700-PR-0005159 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-19-0700-PR-0005159

Date: March 24, 2019

Estimated Contract Dollar Value: $111,331.14

1. Identification of the agency and the 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 purchase of one (1) 7500 Real-Time PCR instrument and one (1) Quant

Studio 5 instrument, both manufactured by Life Technologies on behalf of the DNA Support

Unit (DSU), 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 for one (1) 7500

Real-Time PCR instrument and one (1) Quant Studio 5 instrument to Life Technologies

Corporation, 3175 Staley Road, Grand Island, NY 14072-2090.

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

DNA Support Unit (DSU) currently has one Life Technologies 7500 Real-Time PCR instrument

(7500) which is routinely used at maximum capacity, and with the recent increases in DSU’s validation staff and the subsequent increase in projects, one instrument is no longer sufficient.

Having a second 7500 in-house would eliminate the bottleneck that results in time wasted from waiting for instrument availability and allow DSU staff to more efficiently conduct and complete ongoing validation projects for implementation into casework and databasing operations.

Requisition Number: DJF-19-0700-PR-0005159 Version 1.0 Page 2 of 4

The DSU also has a need to procure a Quant Studio 5 instrument (QS5). The QS5 is the newest generation of quantitative PCR instruments and includes numerous improvements over the previous generation of instruments, to include greater simplicity which reduces user error and saves time. One of the DSU’s upcoming projects is an evaluation of the newest forensic DNA quantification kits. As part of this testing, the DSU will need to test the QS5 and begin validating the necessary DNA protocols to ensure the system is suitable for use in casework, databasing, and research applications. This will proactively position the FBI Laboratory to replace its 7500 instruments when they reach the end of their life-cycle without impacting casework or databasing operations. Additionally, because the instrument can run kits made for the 7500, it will help to ease the strain on the current 7500, which, as mentioned above, is often unavailable for use due to workload.

The estimated total cost is $111,331.14.

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.

Life Technologies is the sole manufacturer of the 7500s and QS5s. Government Scientific

Source (GSS) is authorized to distribute some of Life Technologies older instruments and they are capable of meeting the DSU’s need for a 7500. However, Life Technologies is the sole distributer of the QS5s. GSS is not currently authorized to resell that newer instrument. Thus, Life Technologies is the only supplier capable of providing the FBI Laboratory with both of the required instruments.

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.

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-0005159 Version 1.0 Page 3 of 4

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

Market research was conducted by examining pertinent specifications and capabilities from vendor web sites; reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers; and contacting knowledgeable technical personnel in the Government and members of the scientific community.

Life Technologies is the sole manufacturer of the 7500 Real-Time PCR and Quant Studio 5 instruments. While there is an authorized distribution agreement allowing Government

Scientific Source to resell the 7500s, Life Technologies is the sole distributor of the QS5s.

Therefore, Life Technologies is the only supplier capable of meeting this requirement in full.

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

See section 5 above.

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 DSU will continue to research market conditions, in an effort to determine whether alternative products and/or suppliers might be able to fulfill future requirements. Research will be conducted through methods such as speaking with other government agencies about their similar procurements, attending trade shows/conferences, requesting information from various different vendors, product tests/evaluations, etc.

Requisition Number: DJF-19-0700-PR-0005159 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.

Jodi A. Irwin

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