JOFOC-0005426.pdf

Requisition Number: DJF-19-0700-PR-0005426

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FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH

41 USC 3304 (A) (1)

Date: July 16, 2019

Estimated Contract Dollar Value: $98,000.00

1. Identification of the agency and contracting activity.

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

Acquisition Unit, has prepared this justification for other than full and open competition for acquiring a Thermo Electron (Thermo) Integrion Ion Chromatography (IC) System on behalf of the Explosives 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, firm fixed price, sole source award to Thermo Electron

North America LLC.

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

The Explosives Unit (EU) of the FBI Laboratory performs chemical analysis of explosives and residues of Improvised Explosive Devices (IEDs) from around the world. In order to accurately analyze these residues, ion chromatography (IC) systems are needed. Multiple IC systems are required for the identification of residues of explosives, and their precursors, from a variety of different matrices. The EU needs IC systems manufactured by Thermo for direct support of their mission.

Our current systems are several years past their lifespan and are no longer supported by the manufacturer. Because of this replacement parts will no longer be available.

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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.

The Thermo IC system is a sole source product manufactured and patented by Thermo. Thermo owns the exclusive rights to this patent for manufacturing and selling the instrument. Thermo does not sell through any distributors or resellers within the United States.

Thermo is the only vendor that produces IC systems that offers online generation of methane sulfonic acid and potassium carbonate eluents and electrolytic self/external regenerating eluent

(anion and cation) suppression. Both of these features are required to meet the needs of the EU in order to properly perform its duties.

Additionally, servicing of Thermo can only be adequately handled by a Thermo customer service representative. No other vendor can provide these services without violating the patent for the instrument.

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.

The estimated contract value over the life of the contract is $27,600.00. Before awarding a contract, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3.

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 as well as reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers. The results concluded that Thermo Electron North

America is the sole manufacturer and distributor of the required IC System.

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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 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.

The FBI will continue to conduct market surveys and research on subsequent acquisitions.

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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.

Robert W. Gillette

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