A02. J and A-Part 13.501 Brand Name_Redacted.pdf

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

1 NOV 2024

Justification and Approval (J&A) Modified for Federal Acquisition Regulation (FAR) 13.501

1. Identification of the Agency and Contracting Activity: Defense Health Agency (DHA), Defense Centers for Public Health – Aberdeen (DCPH-A) and the United States Army Medical Research Acquisition Activity (USAMRAA).

2. Nature and/or Description of Action being Approved: Approval is requested for a brand name, Firm Fixed Price contract for commercial services. The subject J&A is an individual J&A Modified for 13.501.

3. Description of Supplies/Services: DCPH-A has a requirement for a non-personal services contract for preventative maintenance and unscheduled repairs, parts, calibration and software support for Government owned Agilent manufactured instruments. Coordination of the required services with the contractor is completed by Government laboratory equipment logistics staff and the Contracting Officer’s Representative.

The Government requires an Agilent-authorized Original Equipment Manufacturer (OEM) service provider to perform OEM-authorized preventive maintenance, unscheduled repairs (using OEM-trained technicians and OEM parts), calibration services, and software support. The contractor must directly provide these services and not act as a third party coordinating with an Agilent-authorized source on the Government’s behalf.

Period Period of Performance Estimated Value Type of Funding

Base Period 9/25/2025 – 9/24/2026 Operations and Maintenance

Option Period 1 9/25/2026 – 9/24/2027 TBD Option Period 2 9/25/2027 – 9/24/2028 TBD

Total

4. Statutory Authority Permitting the Brand-name Only Acquisition: 41 United States Code 1901 as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii) sole source (including brand name) under the authority of simplified procedures for certain commercial items.

5. Rationale Justifying Use of Authority Cited: The use of the authority under 41 United States Code (U.S.C.) 1901, as implemented by FAR 13.501(a)(1)(ii), is justified for this brand-name-only procurement because only Agilent or its authorized OEM service providers can meet the Government’s critical requirements. Agilent’s

2 NOV 2024

proprietary restrictions on access to essential resources—specifically OEM training for technicians, OEM repair parts, OEM software updates, and OEM test equipment for calibration services—create a unique situation where no unauthorized third-party service providers can adequately fulfill the agency’s needs. These resources are indispensable for maintaining the functionality, reliability, and compliance of Agilent equipment used in mission-essential operations.

Agilent’s control over these proprietary elements ensures that only Agilent or its authorized OEM service providers possess the specialized knowledge, parts, and tools required to perform maintenance, unscheduled repairs, and calibration services to the manufacturer’s standards. Unauthorized third-party providers lack access to these critical components, which could result in substandard service, compromised equipment performance, or non-compliance with regulatory or operational requirements. This limitation makes Agilent or its authorized OEMs the only viable sources capable of delivering the required services and supplies without risking mission failure or equipment downtime.

Agilent has provided a list of OEM-authorized sources, and the Contracting Officer will limit competition to these sources through a brand-name-only Combined synopsis/solicitation. This approach ensures transparency while adhering to the regulatory framework, as it restricts competition to only those sources capable of meeting the Government’s stringent requirements, thereby safeguarding mission-critical operations.

6. Efforts to Obtain Competition: In accordance with FAR Subpart 5.2, a notice of intent to sole source was publicized on SAM.gov from July 1, 2025, to July 25, 2025, to solicit offers from as many potential sources as practicable for maintenance, unscheduled repairs, and calibration services for Agilent laboratory instruments used by the DCPH-A’s Laboratory Sciences (LS) Directorate. The notice elicited responses from two vendors, Electronic Risks Consultants, Inc. and Full Spectrum Group, both claiming experience servicing Agilent equipment. However, neither vendor is an Agilent-authorized service provider and therefore will receive no further consideration for this requirement. Only Agilent Technologies and its authorized service providers can provide proprietary replacement parts, software updates, factory- authorized upgrades, and OEM-trained technicians necessary to ensure compliance with proprietary standards and warranty requirements. To maximize competition within these constraints, the Contracting Officer will pursue a brand-name-only competitive solicitation through SAM.gov, per FAR 13.501(a)(1)(i), restricting the pool to Agilent-authorized vendors to ensure functionality, regulatory compliance, and mission success. No exception under FAR 5.202 applies, and the notice was publicized as required.

3 NOV 2024

7. Actions to Increase Competition/Remove or Overcome any Barriers to Competition: Actions to Increase Competition/Remove or Overcome Barriers to Competition Limited competition is anticipated for this acquisition due to the requirement for Agilent- authorized vendors to provide maintenance, unscheduled repairs, and calibration services for Agilent laboratory instruments, which rely on proprietary parts, software, and OEM-certified technicians. To increase competition for future acquisitions, the Contracting Officer will continue to conduct market research to identify additional Agilent-authorized resellers or service providers who have received OEM-certified training and can distribute proprietary products. As the equipment approaches the end of its life cycle or warranty period, the Contracting Officer will review the market to determine if third-party agreements could meet the Government’s requirements without compromising functionality or compliance. No technical data package is currently available, as the services are tied to proprietary standards. This acquisition is not a non-competitive follow-on to a previous award, so no prior justification review is required per Defense Federal Acquisition Regulation Supplement (DFARS) 213.501 or DFARS Procedures, Guidance, and Information 206.304(a)(S-70).

8. Market Research: Market research was conducted by DCPH-A from November 01, 2025 through August 01, 2025, in accordance with FAR Part 10 and DFARS 210.001 to identify qualified sources for maintenance and unscheduled repairs, parts, calibration and software support services for Agilent laboratory instruments used by the DCPH-A’s LS Directorate. The research, performed prior to and during July 2025, confirmed that only Agilent Technologies and its authorized service providers possess the requisite training, certifications, OEM parts, proprietary software access (e.g., Mass Hunter Software), and service guarantees necessary to maintain, repair, and calibrate Agilent’s advanced analytical instruments in accordance with proprietary standards and warranty requirements. A SAM.gov notice of intent to sole source, posted on July 1, 2025, and closed on July 25, 2025, elicited responses from two vendors claiming extensive experience with Agilent equipment. However, these vendors lacked OEM certification and guaranteed access to proprietary parts and software updates. On August 1, 2025, Agilent provided a list of 15 authorized OEM service providers for the required services. Of these, only 3 are registered on SAM.gov, as required for consideration under this brand-name-only procurement in accordance with FAR 13.501(a)(1)(ii). The list of authorized providers is documented in the table below. The market research was conducted within 18 months before the anticipated contract award, ensuring the information is current, accurate, and relevant. The research was meaningful, as it demonstrated a thorough attempt to identify all relevant qualified sources.

4 NOV 2024

Source Selection Information - See FAR 2.101 and 3.104-4

5 NOV 2024

9. Other Facts:

a. Procurement History:

(1) Is this a new requirement? No.

(2) If 9.a.(1) is No, was the action just prior to this one competed? The Indefinite Delivery Indefinite Quantity (IDIQ) contract (W91ZLK19D0006) was solicited under full and open competition with one offer received. The single award IDIQ was subsequently awarded to Agilent Technologies with a total contract value of $11M. This requirement is follow-on to task order W91ZLK22F0208.

(3) If 9.a.(2) is Yes, what has changed where this action cannot be competed?

Not applicable.

b. Additional Information: Without the required OEM Authorized Equipment Maintenance Service Agreement in place, any subsequent downtime due to lack of preventative maintenance or excessive lead times on unscheduled repairs will prevent DCPH-A from providing timely mission-critical public health lab services (routine and emergency), during those downtimes. DCPH-A’s client agreements and sample life efficacy require DCPH-A to return results within a specified turn-around-time. Extended down time requires DCPH-A to outsource the testing (when possible), resulting in excess timelines for potentially emergency mission-critical public health lab services and unnecessary and unplanned costs

Interested Sources:

As noted in the market research above, the notice of intent received responses from two vendors, Electronic Risks Consultants, Inc. and Full Spectrum Group.

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

Source Selection Information - See FAR 2.101 and 3.104-4

6 NOV 2024

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

13. Fair and Reasonable Cost Determination: I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable.

Basis for Determination: The determination of a fair and reasonable price will be based on competitive quotations if adequate price competition is achieved. If adequate competition is not achieved, the determination will rely on price analysis, comparison to historical pricing, an Independent Government Cost Estimate (IGCE), and market research.

14. Legal Review: I have reviewed this justification and have found it to be legally sufficient.

Source Selection Information - See FAR 2.101 and 3.104-4

7 NOV 2024

15. Contracting Officer Certification: I certify this justification is accurate and complete to the best of my knowledge and belief.

Review

I have reviewed this justification and find it adequate to support the sole source acquisition.

Concurrence

8 NOV 2024

Approval

Based on the foregoing justification, I hereby approve the procurement of preventative maintenance, unscheduled repairs, parts, calibration, and software support services with an estimated total estimated value of $2,918,805.40, on a sole source basis pursuant to the authority of 41 U.S.C. 1901 as implemented in FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items), subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.