SIGNEDJA.1158.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Part 6 Requisition Number: Insert Requisition Number

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH (STATE AUTHORITY E.G., 10 U.S.C. 2304 (C)(1) OR 41 USC 253) Requisition Number: SHOP-OY-24-000810

Date: June 3, 2024 Estimated Contract Dollar Value: $270,000

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation, (Science & Technology Acquisitions Unit), has prepared this justification for other than full and open competition for Quadrivalent Influenza vaccine in prefilled syringes on behalf of the (OMS, HCPU, HRD).

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

The Federal Bureau of Investigation (FBI), Science and Technology Contracts Unit (STCU), intends to issue a sole source, one time buy contract to GlaxcoSmithKline (GSK), 5 Crescent Drive, Mailstop 0200, Philadelphia, PA, 19112, 866-475-8222, for the quadrivalent influenza vaccine (Fluarix-Trade Name), by other than full and open competition, in accordance with Federal Acquisition Regulation (FAR) 6.302-1. This is not a request for a proposal. A solicitation will not be issued and proposals will not be requested. FBI, Office of Medical Services (OMS), requires this vaccine for the FBI influenza vaccination program.

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

Influenza vaccine supplied under this agreement will conform to the most recent antigenic composition recommended for U.S. seasonal influenza vaccines by the Advisory Committee on Immunizations Practices (ACIP) of the U.S. Centers for Disease Control and Prevention (CDC).

Packaging specifications of this vaccine are as follows: The medicine shall be packaged in 10 evenly spaced unit dose prefilled syringes. Individual boxes are to be no larger than 6.92” x 1.14” x 3.95”. Each syringe shall contain medicine sufficient for one adult dose of influenza vaccine.

Final invoicing must be provided in a single, consolidated invoice after the final shipment. The consolidated invoice must be sent through IPP.

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

The ordering period of the resulting contract will include a 12-month sole source, one time buy. Expiration dates are to be no less than 9 months from the date of delivery to the FBI. The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(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.

GSK is the only vendor that can provide the FBI will committed delivery dates and times in a box size that FBI refrigeration systems can accommodate. This is a critical requirements as vaccine is perishable and must follow specific cold chain requirements as established by the CDC.

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.

There are only three manufacturers of influenza vaccine.

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.

As this is a sole source, one time buy, the cost is estimated to be $270,000.

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

The market research that was conducted was viewing the published VA FSS schedule.

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

Maintaining the FBI influenza vaccination program enhances community immunity government will mean that the stockpile cannot be maintained and potentially compromise FBI operations in the event of a declared pandemic.

When FAR Subpart 6.302-1 is cited for a follow-on acquisition, as described in FAR 6.302-1(a)(2)(ii), provide an estimate of cost to the Government that would be duplicated and how the estimate was derived.

When FAR 6.302-2 is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

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

There were no sources that expressed interest in the acquisition.

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

There is no competition anticipated on this acquisition.

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.

Christine Martin __7/8/2024__ Signature Date

Contracting Officer:

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

Signature Date

Reviews and Approvals ($700,000 to $5,000,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed and Approved by:

Unit Chief/Team Supervisor:

Competition Advocate:

Reviews and Approvals ($5,000,000 to $13,500,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Unit Chief/Team Supervisor:

Signature Date

Office of General Counsel:

Signature Date

Approved by:

Competition Advocate:

Reviews and Approvals ($13,500,000 to $68,000,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Unit Chief/Team Supervisor:

Signature Date

Office of General Counsel:

Signature Date

Competition Advocate:

Signature Date

Approved by:

Head of Contract Activity:

Reviews and Approvals (Exceeding $68,000,000)

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.

Signature Date

Contracting Officer:

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

Signature Date

Reviewed by:

Unit Chief/Team Supervisor:

Signature Date

Office of General Counsel:

Signature Date

Competition Advocate:

Signature Date

Head of Contract Activity:

Signature Date

Approved by:

Senior Procurement Executive:

Signature Date

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