Special_Note_J&A_Sole_Source_-_Open_Market_Items_6040i(s).pdf

Justification & Approval Page 1 of 3 9/26/2019

SOLE SOURCE JUSTIFICATION AND APPROVAL

OTHER THAN FULL AND OPEN COMPETITION

NOTICE OF OPEN MARKET LINE ITEMS

GSA FSS PURCHASE X-RAY SCANNER ACQUISITION

Reference Requisition # 973618

This justification and approval for a sole source noncompetitive acquisition is prepared in accordance with FAR 6.303-2 for open market line items purchased as part of a FAR part 8.4 acquisition. This is not a notice to request quotes. The purpose of this notice serves solely to meet the posting requirements in FAR 5.2.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA, APHIS, Plant Protection & Quarantine Daniel K. Inouye International Airport 375 Rodgers Blvd Honolulu, HI 96819

Contracting Activity:

USDA, APHIS

Acquisition & Asset Management Division 250 Marquette Avenue, Suite 410 Minneapolis, MN 55401

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

The purpose of this justification is to serve as a notice for the open market items that will be purchased as part of a GSA Federal Supply Schedule purchase for nine (9) x-ray machines for use by the USDA PPQ at the Daniel K Inouye International Airport, in Honolulu, Hawaii.

3. A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE

ESTIMATED VALUE OF THE ACQUISITION INCLUSIVE OF

OPTIONS):

As noted above, this notice is only for the open market line items. The government is purchasing the 9 x-ray machines through the vendor’s GSA Advantage contract, however, the following items which are part of that purchase are open market: Freight Charges; Installation and Basic Operator Training; Crating Expenses; Specialized Conveyor Belts/Tables.

The price of the above open market items is $78,734.34.

4. IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

The statutory authority for this noncompetitive acquisition is 41 USC 3304 (a) (1). In accordance with FAR 8.402 (f) for administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Schedule to an order.

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5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED:

The x-ray machines are being purchased from Smith’s Detection under this GSA Federal Supply Schedule contract.

The contractor from whom these machines is being purchased has to arrange freight and also arranges the crating, the shipping container, as part of the shipping. Additionally, only Smith’s Detection’s authorized personnel can perform the installation of their equipment and train the new users on their equipment. Smith’s Detection also manufactures the specialized conveyor system and it’s specifically designed to fit with their equipment. Smith’s Detection has some resellers but they would not sell only select pieces to the resellers so only Smith’s Detection can provide this specialized conveyor system with their x-ray equipment. The specialized conveyor system is included with the installation and maintenance for the first year. If the conveyor system is purchased elsewhere and it does not fit in with the system there’s a likelihood it could malfunction or can cause damage to the machine and the contents in the machine such as passenger luggage.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE,

PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

No other sources can provide the open market items described above. For the purchase of the 9 x-ray scanners the limited sources procedures in FAR part 8.405-6 were followed.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

For freight and crating the contractor utilizes vendors they have contracts with and competes the pricing and selects the most cost effective options. The cost of the conveyor as well as installation and operator training is based on the pricing charged to other commercial customers. Therefore, the price of the open market items is determined to be fair and reasonable. The contractor pricing is competitive and they also provided a discounted rate to the government.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE

REASON MARKET RESEARCH WAS NOT PERFORMED:

Market research was conducted on GSA Advantage by the contracting officer and program personnel to obtain pricing and information on several types of equipment to meet program needs.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION - FAR 6.303-2(a)(9):

None

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10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

No solicitation was issued but no sources have expressed interest to the program personnel.

All sources have an opportunity to express an interest or respond to this sole source justification notice.

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,

EQUIPMENT, OR SERVICES REQUIRED:

Not applicable as there will be no need for future purchases related to these open market items as this is a one time purchase for these items as they are part of the x-ray scanner equipment being procured.

12. I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS

JOFOC IS ACCURATE AND COMPLETETOTHE BEST OF MY

KNOWLEDGE AND BELIEF.

Jeremy Pouliot Date

Contracting Officer