23-10 Limiting-Competition-under-SAT.pdf

Control No: 23-10

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold under the authority of FAR 13.106-1(b)(1)

1. Contracting Activity: RCO-HI, 413th CSB

2. Description of Action: Procure Column Cerex THC 3ML, 35MG

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Request Number _0011887607__________________

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA# _______ against FSS Contract #_____ _________

Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: _2023___

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes No

3. Description of Services or Supplies: Column Cerex THC 3cc, 35 mg. This product can come in case configurations of 500pk, 100pk, and 1,000pk (Part numbers: 682- 0353, 682-0353C, and 682-0353M). Required equipment for testing THC in urine samples. These extraction consumables use micro-particulate sorbents with extra small flow paths that ensure greater contact with the analyte molecules as they pass through the sorbent beds. This enables sample matrix components – salts, proteins, fatty acids and phospholipids – to be easily removed. Cleaner samples reduce ion suppression and the number of interfering peaks in LC-MS analysis.

Base Period: 01 April 2023 to 30 March 2024 Value: $55,980.00 Option Period 1: 01 April 2024 to 30 March 2025 Value: $55,980.00 x

Option Period 2: 01 April 2025 to 30 March 2026 Value: $55,980.00 Total: $167,940.00

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name

FAR 8.405-6(a)(1)(i)(A) Urgency

FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name

FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Justification is for a brand name restriction. This item is the essential part of the CANAB extraction method used in the lab for drug screening to test for THC in urine samples.

This specific manufacturer is the only acceptable one to use due to our program guidelines and requirements as published in our standard operating procedures (SOP) which we are held to during all method validation. Included in the PCF cabinet is a memo signed by our commander confirming this brand name product is the one used in our method validation (Tecan Brand name memo). Once a method has been validated, only the equipment and reagent that were validated are acceptable for use. There are not off-brand similar products available or acceptable for use based on our established practices. The lab must certify each lot of every reagent that we use in our confirmatory testing, making it critical to establish a lot hold with the vendor to ensure the same lot number of sorbent is used for the entire contracted order to meet the same standards as the method of our validations. Having the same lot number for the entire contract quantity will save the lab essentially 11 months of doing extra batches to certify this same item prior to use.

As a forensic laboratory, having a similar, but not this exact product, will result in invalid test results, a failure for our lab to be able to conduct THC drug tests for our customers, and potentially serious ramifications like our laboratory’s certification if we deviate from established guidelines and protocol. Not having the same lot number will cause a severe backlog to provide drug testing services to military units across the globe who rely on our mission critical services.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research conducted in Google and GSA Advantage.

Google search resulted in three vendors who supply this specific brand name product (Tecan Switzerland, Crawford Scientific, Government Scientific Source). Tecan SP is the manufacturer. Vendors sell these packs in different quantity configurations, so package size will not be specified to encourage competition. GSA eBuy RFI issued 09 February 2023 to 53 vendors—no quotes or availability received. This item is not available in the GSA catalog. We conducted market research from January to March 2023.

Further market research by the Contract Specialist includes querying government databases. In SAM.gov, other vendors are available under the Tecan corporate umbrella to include Tecan SP, Tecan Genomics Inc, and Tecan US Inc. Only Tecan SP is in the small business program. FPDS-NG EZ Search rendered 38 entries using Tecan SP UEI “SKKEYNMSLAM7” and NAICS “334516.” Primarily Naval Drug Screening Laboratory and FBI. FBI requirement descriptions rendered “Positive pressure extractor and concentrator” a valid description of this product. They have five orders ranging from $8,340 - $15,844. Other Tecan vendors have different NAICS and less relevant NAICS codes in searches. Using FedSpending.org, up to 2015, Laboratory Equipment and Supplies account for almost half of Tecan’s revenue for services sol. Top contract purchasing agencies include NIH, FBI, CDC, Army, and the VA. The KS issued formal RFI in GSA eBuy with 53 vendors in schedule 334515:

Diagnostic, Measuring and Testing Equipment (Includes diagnostic, measuring, and testing equipment used in laboratory settings, such as microscopes, borescopes, etc.).

There were six responses, but no providers. The KS also reviewed Tecan product catalog for other pack size configurations of the same product. The Column Cerex THC 3ML 35MG comes in pack sizes of 100 (PN# 682-0353C), 500 (PN# 652-0353), and 1,000

(PN# 652-0353M).

8. Other Facts: An established contract for this brand name product with guaranteed drop ship delivery dates will allow our organization to efficiently maintain our production needs. This product was previously ordered through BPA W81K02-16-A-016 through BPA calls.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Charmaine Vergara Title: Purchasing Agent Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis, that prices are consistent with catalog prices listed by the manufacturer.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition, under the authority of FAR 13.106-1(b)(1), subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Ryan Lee Title: Contracting Officer Signature: