JOFOC-5640.pdf

Requisition Number: DJF-17-0700-PR-0005640 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, FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS

Requisition Number: DJF-17-0700-PR-0005640

Date: 02/03/2017

Estimated Contract Dollar Value: $360,000.00

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 an ANDE

6C Rapid DNA analysis instrument on behalf of the DNA Support 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 Biometrics Analysis Section, Laboratory Division, has a need to procure an ANDE 6C Rapid

DNA analysis instrument. This is a one time firm fixed price contract that will be sole source to

NetBio, Inc.

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

In support of the FBI’s Rapid DNA Initiative, the FBI Laboratory’s Biometrics Analysis Section has a need to procure an ANDE 6C Rapid DNA analysis instrument.

Background:

The Rapid DNA initiative was established by the FBI in 2006 in order to develop an instrument capable of performing point of collection DNA analysis. Once implemented, this process will greatly enhance the speed of the DNA profile generation and eventually allow for real-time hit notification after automated searches of the arrestee Rapid DNA profiles in the national database.

Rapid DNA technology enables hands free sample-to-profile DNA results in approximately 90 minutes. The FBI has established a series of programs and groups to ensure this technology is

Requisition Number: DJF-17-0700-PR-0005640 Version 1.0 Page 2 of 4 responsibly implemented in order to reduce the turnaround time of DNA analysis of reference samples, allow point-of-collection sample analysis, and ultimately aid law enforcement officials in their investigations by allowing for real-time searches of arrestee Rapid DNA profiles in the national database. The successful implementation of the technology will allow law enforcement to better focus their investigations as well as identifying subjects of interest in real-time, thus preventing arrestee release back into the general community. In order for the FBI Laboratory to proceed with the required studies, it is necessary to purchase a ANDE 6C instrument.

The FBI Laboratory previously evaluated the ANDE (Accelerated Nuclear DNA Equipment), a first generation Rapid DNA instrument manufactured by NetBio, in support of this initiative. That machine became obsolete on January 1, 2017, with the new National Index System (NDIS) requirement that all reference samples submitted to NDIS must have results at all 20 CODIS Core

Loci. The ANDE was delivered in 2012 and only analyzes the old 13 CODIS Core Loci. The machine was designed before the new requirement for seven additional loci was developed, and the ANDE machine cannot be upgraded. In order to move forward with validation studies to aid the implementation of this state-of-the-art technology, the ANDE 6C with capability to analyze all

20 CODIS Core Loci must be procured. The ANDE 6C instrument processes both reference samples (high concentration DNA samples) and crime scene samples (low concentration DNA samples) and is able to process five samples at a time.

The DSU needs to procure the following:

ANDE 6C (NB-INST-006-100): qty 1

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.

NetBio is the sole manufacturer and distributor of the ANDE 6C instruments; therefore, they are the only company capable of providing the required item. There are no other vendors who can provide this product.

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. The 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.

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-17-0700-PR-0005640 Version 1.0 Page 3 of 4

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 15.804-2(a)-(e).

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

Market research was done 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. Market research revealed that

NetBio is the sole manufacturer and distributor of the ANDE 6C instruments; therefore they are the only company capable of providing the required item. There are no other vendors who are authorized to provide this product.

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 Notice of Intent will be posted on the Federal Business Opportunities website. This notice 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-17-0700-PR-0005640 Version 1.0 Page 4 of 4

Reviews and Approvals (Not exceeding $750,000)

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.

Liliana I. Moreno

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