P06_12FPC424Q0018_FAR 13.5 Brand Name or Equal Memo_COSigned.pdf

United States Department of Agriculture Brand Name or Equal Justification to Procure pXRAY Fluorescence Analyzers (pXRF)

FAR 13.106-1(b)(1) – Simplified Acquisitions

1. Identification of the agency and the contracting activity.

The United States Department of Agriculture (USDA) Farm Production Conservation (FPAC) Business Center (BC) Acquisitions Division (AD) submits this Brand Name or Equal Justification for approval for procurement of one (1) each Portable X-Ray Fluorescence (pXRF) analyzer and one (1) each Laser-Induced Breakdown Spectroscopy (LIBS) analyzer.

2. The nature and/or description of the action being approved.

This justification is to support the usage of a Brand Name or Equal item for a competitive acquisition to acquire One (1) each Portable X-Ray Fluorescence (pXRF) analyzer and one (1) Laser-Induced Breakdown Spectroscopy (LIBS) analyzer and peripherals

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

One (1) each Portable X-Ray Fluorescence (pXRF) analyzer and one (1) Laser-Induced Breakdown Spectroscopy (LIBS) analyzer, SciAps, Inc., of Woburn, MA. These items, when sold, together form the contractor’s “One Box” assembly. The pXRF is a small, lightweight handheld X-Ray analyzer capable of elemental analysis of soils, particularly in the identification of pollutant metals.

The LIBS analyzer is also a handheld device which operates using a pulsed, focused laser, capable of analyzing any element.

4. The statutory authority for limiting competition.

The statutory authority permitting acquisition of the requirements by limiting competition Simplified Acquisition Procedures as authorized by FAR 13.106-1(b)(1)(i) and 6.302-1(b)(2)

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The U.S. Department of Agriculture (USDA), Natural Resource Conservation Service (NRCS) Michigan State Office Soil Specialists are tasked with analysis and maintenance of soil health throughout the state. Because soil health cannot be accurately measured by only crop yield, water quality, or any other single outcome, specialists must evaluate other indicators. Indicators are measurable properties of soil or plants that provide clues about how well the soil can function.

Measurable indicators such as physical, chemical, and biological properties require the use of highly technical analysis equipment.

The pXRF and LIBs provide rapid, non-invasive soil analysis for numerous elements, including heavy metals and total carbon. These devices provide on-the-spot analysis of the presence of metal pollutants which is critical to the specialists’ capabilities to assist landowners in planning and land management. The ability to rapidly identify heavy metals and carbon concentrations affords specialists and landowners the ability to increase carbon sequestration and implement conservation practices.

The pXRF and LIBS manufactured by SciAps, Inc., offers soil analysis to the extent required by NRCS Michigan. The LIBs device includes measurements for Lithium (LI), Berylium(Be), Boron (B), Carbon (C), Flourine (F), Sodium (Na); and pXRF must include at least Magnesium (Mg),Aluminum (Al), Silicon (Si), Phosphorus(P), Sulfur (S), Potassium (K), Calcium (C), Titanium (Ti), Chromium(Cr), Manganese (Mn), Iron (Fe), Cobalt (Co), Nickel (Ni), Copper (Cu), Zinc (Zn), Arsenic (As), Selenium (Se),Strontium (Sr), Rubidium (Rb), Zirconium (Zr), Niobium (Nb), Molybdenum (Mo), Silver (Ag), Cadmium (Cd), Tin (Sn), Antimony (Sb), Barium (Ba), Tantalum (Ta), Thallium (Tl), Lead (Pb), and Bismuth (Bi) which an or equal product must meet to be compatible with the USDA Mission.

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

A Sole Source Justification was posted to SAM.gov for purchasing directly from the Original Equipment Manufacturer (OEM). It was brought to the attention of this office by an interested party that other manufacturers have the capability of producing compliant equipment. Due to this discovery, this Brand Name or Equal justification was created to ensure maximum participation by all interested parties while maintaining the requirements of the current system.

Currently the USDA utilizes other Sci-Apps systems that requires all additional equipment to be compatible. An entirely new system would be required to match non-compatible equipment, resulting in a significant duplication of cost to the government as the current system is still within its functional life. Upon completion of the Sci-Apps system functional life, it is the intent of this office to acquire the new system utilizing a competitive RFQ.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine that an anticipated cost for this contract action will be fair and reasonable based upon the estimated cost and market value. A fair and reasonable cost for this item will be obtaining through competitive bidding between dealers handling these products. At time of evaluating proposal price, the overall proposed price will be evaluated for fair and reasonableness. I recommend this approach to the prompt attainment of products for the upcoming acquisition.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research consisted of researching GSA Advantage and Ability One for potential contract holders, and Internet searches were conducted, revealing the existence of other similar products.

A sole source justification was provided prior to the execution of this document and posted to SAM.gov. An interested Party identified that they believe they would be able to provide a comparable product that would meet the technical and compatibility needs of the government. Due to this discovery, it was determined that a Brand Name or Equal product may be available.

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

N/A

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

N/A

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

Certifications & Approvals

I certify that the supporting data under my cognizance, which are included in the Justification and Approval, are accurate and complete to the best of my knowledge and belief.

MARTIN ROSEK

State Soil Scientist NRCS Michigan

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

SHERMEKA SHOWERS

Contracting Officer

USDA FPAC BC