Sole Source CE1008.pdf

DJF-22-0700-PR-0003587 Version 1.1 Page 1 of 3

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 (A) (1)

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

Requisition Number: DJF-22-0700-PR-0003587

Date: May 11, 2022

Total: _______________

1. Identification of the agency and contracting activity.

The Federal Bureau of Investigation (FBI), National Acquisition Programs Unit (NAPU) has prepared this justification for other than full and open competition for the DNA Support Unit (DSU), Biometrics Analysis Section (BAS), Laboratory Division (LD).

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 contract action shall be a one-time, firm-fixed price, open-market, sole-source commercial product contract to the Promega Corporation, 2800 Woods Hollow Road, Madison, WI, 53711 for one (1) Spectrum Capillary Electrophoresis (CE) System, 8-Capillary.

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

Currently casework STR data are generated using autosomal kits that contain bonus two or three Y chromosome markers. Due to the presence of such Y markers, these kits provide an indication of male contribution to the sample as well as some information regarding the male individual haplotype. Nevertheless, the information is not enough to generate sound conclusions regarding that male contribution and additional sample processing (amplification with a Y chromosome marker specific kits) is often required. This additional processing is sometimes unattainable due to insufficient sample quantity/volume. A new 8-dye chemistry that enables amplification of the usual autosomal STRs (including the CODIS markers) as well Amelogening and 11 Y-chromosome loci is available. This kit can be useful with sexual assault evidence and/or kinship cases and allows for the generation of data in ‘one shot’. Because it

DJF-22-0700-PR-0003587 Version 1.1 Page 2 of 3 uses 8-dyes, it also allows for the inclusion of smaller loci thus increasing the likelihood of recovering data from degraded samples.

Unfortunately, the already acquired capillary instruments do not support an 8 dye spectral capacity and therefore this new kit cannot be utilized with the currently available equipment.

In order to evaluate the new chemistry and take advantage of its purported benefits, a capillary electrophoresis instrument that can lever 8-dyes is required.

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.

Promega is the sole-manufacturer and distributor of the CE1008 Spectrum CE System, 8- Capillary with 8-dye detection capability, and therefore is the only company capable of providing the laboratory equipment needed by the FBI. The Spectrum CE System is a bench top instrument with a 68cm W x 67cm D footprint. Moreover, the System includes an external computer and associated peripherals with instrument control software and analysis software.

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 publicized a Request for Information (RFI) on December 30th, 2019 via SAM.gov, (Notice ID CE7661RFI). This announcement gave an opportunity for vendors to demonstrate their ability to meet the FBI’s specific needs for a Capillary Electrophoresis Instrument with eight-dye detection through the submission of technical capabilities and cost information. The Promega Corporation proposed the Spectrum CE System, 8-Capillary for the detection of 5-dye, 6-dye, and 8-color TR multiplexes. The Spectrum CE System is compatible with 5-dye and 6-dye commercial kits from multiple vendors as well as 8-dye kits currently in development.

Additionally, the provided software will support analysis of 4-, 5-, 6-, and 8-color STR data from the Spectrum CE System.

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 15.400.

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7. 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 recommendations from other technical members of the government and scientific community. Market research revealed that Promega is the sole-manufacturer and distributor of the Spectrum CE 8-dye detection capability and therefore is the only company capable of providing this CE Instrument needed by the FBI.

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

See section 5 above.

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

An RFI was posted on the SAM.gov website. This synopsis gave 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. No other vendor had a CE Instrument with 8-dye detection ready for and tested for forensic use.

10. 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.

Reviews and Approvals (Not exceeding $650,000)

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.

Contracting Officer’s Representative Date

Contracting Officer:

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

Contracting Officer Date Bryan Lane (bvlane@fbi.gov)