SS for waters 122724.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION I 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)

Requisition Number:

SHOP-PR-25-000604

Date: 12/27/2024

Estimated Contract Dollar Value Not to Exceed: $40,000 (Base + 1 option year)

1. Identification of the agency and contracting activity.

The U.S. Department of Justice, Federal Bureau of Investigation (FBI), has prepared this justification for other than full and open competition for a service contract for the Waters Technologies Corporation Ultra High Performance Liquid Chromatography (UPLC) systems on behalf of the 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.

It is the intent of the Laboratory Division, to acquire a firm fixed price contract for $40,000. The period of performance will be for a one (1) year base, with one (1) one-year option.

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

The requirement is to provide a service contract for the two Waters Ultra-Performance Liquid Chromatography (UPLC) systems in Huntsville, AL at an estimated total cost of $40,000 for period of a base plus 1 option year. This will allow the Chemistry to accomplish its mission in identifying residues.

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)( l ) 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."

The Waters UPLC is proprietary to Waters Technologies Corporation which exclusion of other brands, are required because there is only a singular manufacturer for this instrument. Therefore, only trained personal from Waters Technologies Corporation can provide maintenance on these instruments.

5. Demonstrate the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

Waters Technologies Corporation is uniquely qualified to provide these services to the Laboratory Division based upon the fact that they are the manufacturer for this instrument.

Therefore, there is only one company, Waters Technologies Corporation, that can adequately service this instrument. The technology, parts, and instrumentation is proprietary to Waters Technologies Corporation. Only their trained service engineers are capable of providing the services to these instruments so not to void the warranty.

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.

Based on the requirements, this requirement can be published as required by Subpart 5.2.

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.

In accordance with FAR 15.402. the Contracting Officer will ensure that all supplies and services associated with this contract are procured at a fair and reasonable price.

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

Market research was conducted through past historical data, internet searches, and website reviews.

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

N/A

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

N/A

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

The Government will continue to monitor the marketplace to see if any new and upcoming companies have a product/service that will meet the needs of the government to remove or overcome any barriers to competition.

Attachment M - J&A Guide & Template Version 2.3 Page 8 of 13