SAM JA 1737.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH 41 U.S.C. 3304 (A) (1)

Requisition Number: 15F06725Q001737

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), National Acquisitions Program Unit (NAPU) has prepared this justification for other than full and open competition for the military specification BT-70791BGHT and BT-70791JV BB-2590 batteries to support federal, state, and local bomb technicians on behalf of the Federal Electronics Countermeasures Program

(FECMP), CIRG.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

It is the intent of NAPU, FFD, to acquire a new firm fixed price one time buy for the military specification BT-70791BGHT and BT-70791JV BB-2590 batteries from BREN-TRONICS

DEFENSE LLC.

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

The requirement is to provide the military specification BT-70791BGHT and BT-70791JV BB- 2590 batteries. This will allow the FECMP to accomplish its mission of supporting federal, state, and local bomb technicians work to dismantle radio controlled IED.

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 6.302-1 entitled, “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.

Bren-Tronics manufactures BB-2590 series batteries which have an operational service life of five to seven years, and this purchase is to provide a replacement supply for the older BB- 2590 batteries in the field as well as reserve batteries for emergency deployments. The current Federal Bureau of Investigation (FBI) fielded BB-2590 chargers are manufactured by Bren-Tronics. These chargers are often not compatible with off brand batteries. Bren-Tronics

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN

FULL AND OPEN COMPETITION

produces the Soldier Portable Charger (SPC) which is used exclusively by our DOD partners and by our SABT's. To ensure seamless integration on missions both the SABT’s and DOD must use the same brand as well as the same chargers. The FECMP directly supports the military in training as well as state-side operations and the ability for all federal agencies to utilize the same charger contributes to the success of the mission.

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.

This is a sole source procurement. The manufacturer has provided a letter stating they are the sole source to acquire these products.

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

A search was conducted on SAM.gov of the different part numbers which lead to various DOD solicitations for the brand name only of the batteries. Completed a search of each part number on GSA which provided me with no exact results. Then a search was completed on NASA SEWP and provided the same results of no exact match. Internet searches were conducted of the part number and each search led to the company website as the manufacturer.

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

NA

9. A listing of any sources that expressed a written interest in the acquisition.

No sources have expressed interest in this acquisition currently. An NOI to Sole Source will be posted to SAM.gov for 10 days to allow vendors to express their capabilities.

10. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

Market research was conducted, which revealed there are no other products that match the required specifications, have the same capabilities, and have the necessary integration abilities as Bren-Tronics, the military specification BT-70791BGHT and BT-70791JV BB-2590 batteries BB-2590. The manufacturer provided a letter showing they are the sole source of the products we are procuring. A Notice of Intent will be posted to SAM.gov for 10 days to give vendors an opportunity to indicate their capabilities if possible.

https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/far/html/Subpart%205_2.html#wp1107990