63 -- NAS MEXICO - PORTABLE MOLECULAR DENSITY MEASURING DEVICES

TITLE: NAS MEXICO CITY - DENSIMETERSThe U.S. Department of State, Regional Procurement Support Office and the Narcotics Affairs Office, Mexico City are seeking other qualified offerors for manufacture and supply of sixty eight (68), US-made portable molecular density measuring devices. Specific Model K910B Model (Buster) portable detection devices for use by Mexican Customs (SHCP/SAT/AGA) to inspect vehicles for drugs, chemical substances, arms, ammunition, and undeclared national & foreign currency at the nation's Northern and Southern borders. In addition to manufacturing and supplying these units, the Contractor will also provide training (4 different locations in Mexico) plus a full year-one warranty on all parts and labor as well as year-two maintenance, service, and consumable re-supply for the equipment. Per the Justification For Other Than Full & Open Competition JOFOC),text provided below, there is only one known U.S. manufacturer of the subject product. NAS MEXICO CITY - DENSIMETERS TEXT OF JUSTIFICATION & APPROVAL FOR OTHER THAN FULL & OPEN COMPETITION 1. Recommend that the Department of State use other than full and open competition for the acquisition of sixty-eight (68) portable devices for measuring molecular density (densimeters), with a power source that allows for use without external hook-ups, remote display and a detection alarm. The system will be equipped to ensure optimum operation regardless of the climate and external conditions. Additionally, the system will be used by Mexican Customs (SHCP/SAT/AGA) to inspect vehicles for drugs, chemical substances, arms, ammunition, laundered money, and undeclared national and foreign currency at the countrys northern and southern borders. The estimated cost is $___and includes on-site operator training (Mexico City), a 1-year warranty for all parts/labor, plus a 1-year provision for service, maintenance and consumable re-supply. 2. Nature and/or description of the action being approved. To contract with Only Known Source for the manufacture and supply, of the specific brand name product, otherwise known as Densimeter Model K910B Buster. Additionally, the Commercial Item Purchase Order will contain provisions for the Contractor to provide Operator Instructional Training in Mexico (& in Spanish), maintenance & consumables for a one year period, and an all parts & labor warranty for one year. 3. A description of the supplies or services required to meet the agency needs. The Narcotics Affairs Section, American Embassy Mexico is initiating this procurement under its Bilateral Border Security Project that directly supports the U.S. / Mexico 22-Point Safe & Security Border Agreement signed by the Presidents of both nations in March 2002. Commonality in training and inspection processes have been established as requirements for each nation in fulfilling their duties under the aforementioned Agreement and the K910B densimeter has been exclusively utilized by U.S. Customs and Border Protection (CBP) since 1994. Accordingly, the K910B Model densimeter is the only product that can meet the agency?s needs. 4. An identification of the statutory authority permitting other than full and open competition. 41 USC 253(c)(1), FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. 5. A demonstration that the proposed contractor unique qualifications or the nature of the acquisition requires use of the authority cited. The K910B dimensions (6x 3x 3), sensitivity, and accompanying density measurement table affords inspectors with a unique ease of handling and reference for ascertaining the presence of hidden contraband. Similar products available do not satisfy the size, sensitivity, nor density measurement features offered by the Sole Known Source?s product. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. Even though our research (including historical data from CBP, whose current contract with Known Source was awarded after advertising for other sources) in part, resulted in this justification that there is only one responsible source who can satisfy the agency requirements, the Contracting Officer will advertise this procurement opportunity in Fed Biz Ops to seek other competition. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. Sole Known Source has confirmed that it will offer Dept. of State/NAS the same pricing that it provides to its most favored customer, Customs and Border Protection under their contract. Pricing has been confirmed by CBP as significantly lower than pricing Known Source offers commercial customers. 8. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted. The only remaining market survey will be the Fed Biz Ops advertisement to determine if there are any new sources who can offer the same product K910B US-made. 9. Any other facts supporting the use of other than full and open competition. The only other known source offering a similar product, is a foreign-made product that would require a source-origin waiver. The Identified Source?s product is U.S. manufactured and will require no such waiver. Additionally, recent reviews of the foreign-made product concluded with determinations that performance was not equal and the size requirement was not met. The foreign product was described an imitation of the US-made K910B. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. None prior to advertisement. 11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before subsequent acquisition for the supplies or services required. Since Customer has indicated a desire to establish a long term procurement instrument (such as an IDIQ contract) for both this type of equipment and its support services, the Government will prepare a sources sought advertisement for any subsequent transactions. Advertisement will be posted in Fed Biz Ops to determine if other sources have entered the market at that time as well. CERTIFICATIONS WITHHELD JOFOC Approved on 3/7/2008 @ appropriate level within agency.