Justification-Agilent.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE AND FACILITIES DIVISION | PROCUREMENT SECTION

JUSTIFICATION AND APPROVAL (J&A) FOR OTHER

THAN FULL AND OPEN COMPETITION

Requisition Number: (insert Req Number) Version 2.0 Page 1 of 2

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

Requisition Number: DJF-24-0700-PR-0003700

Date: 11/2/2023

1. Identification of the agency and the contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, Science and Technology Contracts Unit, has prepared this limited source justification for the purchase of specialized Agilent consumables and supplies on behalf of the DNA Casework Unit (DCU) and Terrorist Explosive Device Analytical Center (TEDAC).

2. Nature and/or description of the action being approved.

In support of the FBI Laboratory’s Next Generation Sequencing research and evaluation efforts, DCU and TEDAC has a need to purchase specialized reagents and consumables required to operate its existing Agilent Bioanalyzer instruments. Items will be delivered to Quantico, VA and Redstone Arsenal, AL Laboratories.

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

In support of the FBI Laboratory’s Next Generation Sequencing (NGS) research and evaluation efforts, DSU and TEDAC have a need to purchase consumables from Agilent Technologies for use on its Bioanalyzer instrument. Two quotes will be attached to the requisition during submittal with all listed items required to be purchased.

4. The authority and supporting rationale (see 8.405-6(a)(1)(i) and (b)(1)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

• FAR 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

Agilent Technologies is the sole manufacturer and distributor of consumable products for the Bioanalyzer instruments. There are no other vendors who can provide the required items.

https://www.acquisition.gov/far/current/html/Subpart%208_4.html#wp1091891

Attachment N – Limited Source Justification to Procurement Standard Operating Procedure (SOP) – Requirements Generation

Requisition Number: (insert Req Number) Version 2.0 Page 2 of 2

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

The contracting officer will determine, after considering the level of effort and the mix of skills available for the tasks needed, that the proposed order or BPA represents a reasonable total price and will be the best value for the FBI.

6. A description of the market research conducted among schedule holders, and the results of the research. A statement must be made that the supplies and services are available from the FSS.

When the Laboratory invested money in purchasing the Bioanalyzers years ago, it was determined they were the best value that met the Laboratories specific requirements for research and evaluation. It was determined then that an acceptable risk was taken that it was possible no other companies would be able to provide the supplies it would require to utilize the equipment. Market research was done by examining specifications and capabilities from vendor websites, reviewing past purchases, and contacting Agilent for current product availability. Contact was made with knowledgeable technical personnel in the Government and members of the scientific community as well. Agilent Technologies is the only manufacturer identified capable of supplying the correct consumables and supplies.

7. Any other facts supporting the limited source justification.

None.

8. A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

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.