JandA-5577.pdf

Requisition Number: DJF-19-0700-PR-0005577 Page 1 of 4

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41

U.S.C.3304 (A)(1)

Requisition Number: DJF-19-0700-PR-0005577

Date: 03/28/2019

Estimated Contract Dollar Value: $490,859.00

1. Identification of the agency and contracting activity.

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

Acquisition Unit (STAU), has prepared this justification on a basis of other than full and open competition for the acquisition of a Thermo Scientific Delta V Gas Chromatography – Mass

Spectrometer – Isotope Ratio Mass Spectrometer (IRMS) system on behalf of the Terrorist

Explosive Device Analytical Center (TEDAC), Scientific Analysis Unit (SAU), Explosives

Chemistry, 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 sourced contract to Thermo

Electron North America LLC to procure a Thermo Scientific Delta V IRMS system.

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

The SAU has an immediate need to acquire a Thermo Scientific Delta V IRMS system. This instrument will be a new platform to be implemented at the TEDAC Laboratory on Redstone

Arsenal, AL. This system will be the foundation of the sourcing and attribution initiative in the counter IED effort. The analyses conducted on the IRMS platform allow the forensic specialist to make scientifically sound determinations about the relationship between an unknown sample and other unknown samples, and an unknown sample and a source material.

These determinations provide invaluable intelligence to TEDAC partners who are actively combating the IED threat in the field. No other piece of equipment permits these analyzes, and no other vendor has the staff or expertise to support TEDAC in implementing this complex technique.

The system will be utilized for the chemical analysis of explosives and explosive residues of

Improvised Explosive Devices (IEDs) from around the world. This system is an essential

Requisition Number: DJF-19-0700-PR-0005577 Page 2 of 4 part of the unit’s mission to make comparisons to the source, or supply, of chemicals used to manufacture explosives used in IEDs.

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

For 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.

Thermo Scientific is the sole manufacturer of the Thermo Scientific Delta V IRMS system. It is an instrument that other assets within the Laboratory Division are familiar with, and due to the complexity of the technique; familiarity with the platform and the software controlling the instrument are imperative to a timely implementation of the system. There are exceptionally few companies producing this instrument due to its niche application, and Thermo Scientific manufactures the most reliable and robust system on the market. Thermo Scientific has staff with the appropriate expertise to work with SAU as it validates and implements this system.

This instrument must meet the following specifications.

Analyzer: a magnetic sector mass spectrometer

Detector Array must be capable of simultaneous measurement of masses: 44,45,46;

28,29,30; 2,3;

Parallel GC-MS capability for compound identification when instrument is used in GGC-

IRMS mode

Software suitable for meeting QA requirements of an accredited laboratory

Continuous flow capability

The system must include the following Preparatory systems

Module capable of introduction of reference gas injection and sample dilution

System capable of both combustion and high temperature conversion (HTC,reduction) of solid samples to H2, CO2, N2, CO and SO2

A GC coupled to a combustion and pyrolysis interface for quantitative conversion of analyte prior to introduction to IRMS (including autosampler)

Measurement precisions should meet the following:

o +/- 0.1 permil for EA mode (C/N) o +/- 0.4 permil for HTC mode for O isotopes o +/- 1 permil for hydrogen isotope by reduction o +/- 0.5 permil for C by CG-C-IRMS

Requisition Number: DJF-19-0700-PR-0005577 Page 3 of 4

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 conducted through internet searches, research of scientific literature, and via conference attendance by members of SAU to stay current with the technology development. The resulting determination is that there is only one product that currently meets all the criteria outlined in this document, and that is the Thermo Scientific Delta V Gas

Chromatography – Mass Spectrometer – Isotope Ratio Mass Spectrometer system.

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 FBI will continue to conduct research available through industry shows and technology releases in the form of papers and journals on subsequent acquisitions.

Requisition Number: DJF-19-0700-PR-0005577 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.

Kelly H. Mount Date

Unit Chief

Contracting Officer:

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

Jerry D. Varnell Date

Contracting Officer