Textbook_BN.docx

FEDERAL BUREAU OF INVESTIGATION

JUSTIFICATION FOR LIMITED COMPETITION/SIMPLIFIED ACQUISITION

JUSTIFICATION AND APPROVAL FOR

ACQUISITIONS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

The following justification and approval for the use of sources limited to fewer than those required in FAR 8.405-1 is prepared in accordance with Federal Acquisition Regulation (FAR) 8.405-6(c). This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251, et seq, and 40 U.S.C. 501). I hereby determine that the requested textbooks listed on DJF-20-0700-PR-0001734 are available from only one manufacturer (brand name only), and competition is precluded as there are no substitutes available.

1. This acquisition is restricted to the following manufacturer produced textbooks.

This requirement is restricted to the following textbooks:

· 2020 Emergency Response Guidebook (ERG), softbound, standard size, ISBN 978-1-64551-021-5 – Authored by the Department of Transportation

· NIOSH Pocket Guide to Chemical Hazards September 2010 edition, ISBN 978-1-61099-219-0 – Authored by the Center for Disease Control and Prevention

· IFSTA Hazardous Materials for First Responders 5th edition, ISBN 978-0-87939-613-8 – Authored by the International Fire Service Training Association

2. The textbooks are estimated to cost Click here to enter text. and are required to be delivered withing 45 days of award.

The Federal Bureau of Investigation (FBI) intends to negotiate a Firm Fixed Price (FFP) contract to small business. The North American Classificatinon System Code (NACIS) is 451211, the industry title is Book Store, and the size standard in Millions of dollars is $30 according to the Electronic Code of Federal Regulations updated March 06, 2020 (ecfr.gov).

3. Requirements:

4. The authority and supporting rationale for GSA FAR Part 8 (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.

|X| FAR 8.405-6(b) – An item peculiar to one manufacturer is required.

5. Requirement Analysis:

Student Textbooks for THRU OSHA Training Programs The Technical Hazards Response Unit (THRU) is responsible for developing the Bureau’s capabilities for the collection of evidence in criminal or terrorism cases involving hazardous materials such as chemical and biological warfare agents, nuclear materials and toxic industrial chemicals. THRU is also responsible for safety operations at hazardous materials investigations, National Special Security Events (NSSE), FBI special events, and high-hazard crime scenes both domestic and international. The work within the unit is highly technical and requires its members be trained to recognize and respond to threats originating from all hazardous materials sources. This includes commercial and clandestine sources.

All hazmat program members must be able to safely identify and collect hazardous evidence including, but not limited to: military or clandestine chemical nerve agents, toxic industrial chemicals, biological warfare agents, nuclear, and radioactive materials, and traditional evidence located in a hazardous environment. Threat recognition ability is directly proportional to the quality of training provided by the combined Laboratory hazmat programs. To achieve this level of operational capability, the THRU routinely provides hazardous materials training to the Laboratory Forensic Response Section (FRS) , field Hazardous Evidence Response Teams (HERTs), field Hazardous Evidence Response Components (HERCs), Special Agent Bomb Technician (SABT) candidates, and WMD Coordinators from the Weapons of Mass Destruction Directorate within FBI HQ.

These training programs meet the national consensus standard for hazardous materials operations (National Fire Protection Association [NFPA] standard 472) and the federal statute 29 CFR 1910.120 (OSHA HAZWOPER). The THRU has determined that three books are critical to this training.

These books also meet the need of the THRU OSHA Training Programs course objectives. These books provide technical and practical information that helps maximize student safety while conducting downrange operations or WMD Coordinator duties.

6. 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.

7. 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.

Market Survey:

The THRU has had mixed results with big-box vendors of the aforementioned books. Amazon and Barnes and Noble do a great job of selling books in small quantities (<10); however, their performance in the opinion of THRU is less than ideal for bulk orders. Amazon and Barnes and Noble neither stock the above titles in bulk, nor do they amass the order and ship it as one. The THRU has had experiences where books ordered from both vendors arrived piecemeal over a period of two months resulting in multiple charges for one order. Additionally, the experience resulted in cancellation of part of the order due to exhaustion of the available stock (they both fulfill their bulk orders from other smaller bookstores and sellers essentially buying from them and reselling to us).

8. Any other facts supporting the limited source justification.

Not Applicable

9. 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 Government will continue to research the market to obtain as many available sources as required in accordance with the FAR to ensure that there are other vendors out there that can satisfy this requirement. In addition, the customer will do due diligence in ensuring that barriers to competition are avoided to ensure we obtain the best value for the government.

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