Limited_Sources_Justification_-_AB_Sciex_6500-.doc

JUSTIFICATION OF SOLE SOURCE

OR OTHER THAN FULL & OPEN COMPETITION

(FAR Sections 6.303)

1. Identification of the agency and the contracting activity.

Contracting Activity:

Brenda Barber, Contracting Office USDA, FSIS, Office of Administrative Services

Procurement Management Branch

5601 Sunnyside Avenue, Maildrop 5230

Beltsville, MD 20705-5230

Requesting Activity:

USDA, FSIS, OPHS, Midwestern Laboratory Dianna Abrahamson

4300 Goodfellow Blvd Bldg. 105-D

St. Louis, MO 63120

2. Nature and/or description of the action being approved.

The Government intends to award a contract to AB Sciex LLC for a QTRAP Liquid Chromatography Mass Spectrometry (LC/MS/MS) instrument and associated data station for operating the instrument. This requirement also includes acquisition of an Agilent 1290 Ultra High Pressure Liquid Chromatograph (UHPLC) by AB Sciex and modified to be delivered to the Midwestern Laboratory as a fully integrated and controlled UHPLC for sample delivery into the QTRAP.

This will be a firm-fixed-price contract.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value).

The AB Sciex QTRAP 6500 LC/MS/MS system instrument is a hybrid triple quadrupole/linear ion trap mass spectrometer with mass range of m/z 5 to 2000 in the triple quadrupole mode and 5 to 1000 in linear trap mode. This dual platform instrumentation will be used in analysis of animal drug residue. The QTrap 6500 is a product of AB Sciex LLC that will increase the detection limit for compounds currently being analyzed and increase the Midwestern Laboratory’s capability to meet new emerging technology.

The increased sensitivity of this instrument supports the current multi-residue determinations currently being screened and confirmed using instruments with lower sensitivity LC/MS/MS instrumentation at the Midwestern Laboratory. The minimal requirement is for production of a greater abundance of ions during the transition of a compound from its protonated parent to the transitional daughter ions. This increased abundance during the second and third transitional pathways will enable the analyst to determine with a greater confidence both the presence and the identity of the compound.

This instrumentation when operated in the linear trap mode meets the Midwestern Laboratory’s need to produce high quality spectra. This affords the laboratory to utilize this information for spectral conformation of not only targeted compounds but also the ability to investigate non-targeted compounds that are present in the analytical chromatograms.

The estimated cost is

4. Identification of the statutory authority permitting other than full and open competition.

In accordance with FAR Part 6.302-1, there is only one responsible source and no other supplies or services will satisfy agency requirements.

Example: Authority: 41 U.S.C. 253 (c) (1).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

AB Sciex LLC is the only known supplier that is capable of providing an instrument that operates in the dual platform as both a triple-stage MS/MS mass spectrometer and as a MS/Linear Ion Trap. The Q-Trap when operated in the MS/Linear Ion Trap mode has the ability to generate MRM3 spectra increasing compound selectivity from complex samples which will enhance data quality while reducing the sample preparation requirements.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

The AB Sciex LLC is the sole supplier of a mass spectrometer unique in its capability to operate in the dual platform as both a triple stage MS/MS mass spectrometer and as a MS/Linear Ion Trap. Also, a web search of the products currently available did not yield a similar unique instrument.

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

A price analysis will be conducted to determine the fairness and reasonableness of proposed prices. Pricing will be compared with the company’s commercial price list.

8. Description of the market survey conducted.

A web search was conducted to identify potential sources. Those sources are presented in item six (6) and AB Sciex LLC is the only known qualified source.

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

To ensure mission success, any equipment purchased must be capable to operate in the dual platform as both a triple state MS/MS mass spectrometer and as a MS/Linear Ion Trap, all of which have been manufactured by AB Sciex LLC. AB Sciex LLC would likely not incur start-up costs to manufacture and deliver this item. The Government would be subject to high risk to develop a new item or use an alternate manufacturer.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No additional sources have expressed interest in this acquisition. However, a notice of intent to sole source this requirement will be posted on FedBizOpps.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

FSIS will continue to consider alternate sources and competitive procurements first upon identification of any new equipment to support the program.

12. CERTIFICATION

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

Dianna Abrahamson/Terry Dutko

Date

Program Office and COR

Brenda Barber

Date

Contracting Officer

STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

March 25, 2005

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements

Citation: 41 U.S.C. 253(c)(1).

When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be sought.

Examples:

· Laboratory equipment to meet a specific objective that is produced by only one manufacturer may be procured without competition.

· The existence of patent rights, copyrights, or secret processes.

· An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. Such circumstances must be justified and approved (This does not apply to “brand-name or equal” descriptions).

· Contracts for supplies or services that result from acceptance of an unsolicited research proposal.

· Follow-on contracts may be deemed available from only one source when it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

6.302-2 – Unusual and Compelling Urgency Citation: 41 U.S.C. 253(c)(2).

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals, full and open competition need not be sought. When using this authority, quotations or offers must be requested from as many potential sources as is practicable under the circumstances.

Example: Laboratory supplies necessary for an E. coli breakout may be procured from a known source with limited, or in some cases, no competition.

6.302-3 – Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

Citation: 41 U.S.C. 253(c)(3).

Full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to: 1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency; 2) to establish or maintain essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and develop0ment center; or 3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Example: Special inspection services for imported products after the Chernobyl nuclear disaster were contracted on a sole source basis.

6.302-4 - International Agreement

Citation: 41 U.S.C. 253(c)(4).

Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization.

Example: Equipment in support of an inspection agreement at a foreign processing plant may be purchased from the plants usual supplier without further competition.

6.302-5 - Authorized or Required by Statute.

Citation: 41 U.S.C. 253(c)(5).

Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. This includes the use of the 8(a) program, Federal Prisons, NIB/NISH, or GPO. Generally, a sole source justification is not required in these instances.

Example: Mailing services for the agency is provided by DC Association of Retarded Citizens, under a sole source award.

6.302-6 - National Security

Citation: 41 U.S.C. 253(c)(6).

Full and open competition need not be provided for when the disclosure of the agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits proposals. This authority should not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

6.302-7 – Public Interest

Citation: 41 U.S.C. 253(c)(7)

Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. This authority should not be used without consulting the Contracting Officer first as it does require Congressional notification.

Sole Source Justification Solicitation No. FSIS-*-B-0* Sole Source Justification Reference No.640898