A02 - JA 20200403_FINAL.pdf

Control No: JA-20-Edg-238 Contractor: FedPoint Systems, LLC

Program/Equipment: Agilent Gas Chromatograph Mass Spectrometer Systems

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: US Army Combat Capabilities Development Command Chemical Biological Center (CCDC CBC) Environmental Monitoring Laboratory (EML) is requiring the purchase of three Agilent Gas Chromatograph Mass Spectrometer Systems.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: The estimated value of this effort is $463,200 including all options and extensions in accordance with FAR 52.217-8.

NAICS Code: 334516 (Analytical Laboratory Instrument Manufacturing)

Product Supply Code: 6640 (Laboratory Equipment & Supplies)

Prepared by: Stacey L. Jump (410) 436-0783 Contract Specialist Date: 02 APR 2020 Stacey.l.jump.civ@mail.mil

Contracting Officer: Nicholas Granata Jr. (410) 436-2739 Contracting Officer Date: 02 APR 2020 Nicholas.granata.civ@mail.mil

Technical: John Barczak (410) 417-2778 Biologist Date: 02 APR 2020 john.m.barczak.civ@mail.mil

Requirements: John Barczak (410) 417-2778 Biologist Date: 02 APR 2020 john.m.barczak.civ@mail.mil

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name: John Barczak

Program/Equipment: Agilent Gas Chromatograph Mass Spectrometer Systems

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Army Contracting Command - Aberdeen Proving Ground, Edgewood Division (ACC-APG-ED), 8456 Brigade Street, Building E4215, Aberdeen Proving Ground, MD 21010.

2. Description of Action: CCDC CBC EML requests a firm fixed price contract W911SR-20-C- 0012 with FedPoint Systems, LLC. The Government projects award for April 2020. Fiscal year 2019, RTD&E Army funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services:

Requirement. The Government is procuring three (3) Agilent Gas Chromatograph Mass Spectrometer (GCMS) systems as specified below. Parts that are required to be Agilent brand name are noted with the Agilent part number. Parts not required to be Agilent brand name are not noted with a part number.

Part Number Part Description Total

Quantity

Agilent GCMS System 3

Each Agilent GCMS System shall include the following Agilent part

Part Number

Part Description Total Quantity

G7077BA

5977B Inert Plus MSD Turbo Electron Impact Source with oil free diaphragm pump 1

G3397B Ion Gauge Kit for 5977 MSD 1

G3440B

Agilent 7890B Series GC with Lan interface, keyboard and digital display including 2 capillary split/splitless inlet with EPC, Capillary NPD detector, 3 channels of auxiliary EPC and oven exhaust deflector

G4513A 7693A autoinjector 16 sample turret, mounting post, 10ul syringe and solvent bottles 1

G4514A 7693 Tray, 150 vial includes three removable 50-vial racks and GC mounting bracket 1

Program/Equipment: Agilent Gas Chromatograph Mass Spectrometer Systems

Version – March 2017 FOR OFFICIAL USE ONLY

G1035F Wiley NIST MS Library most recent version 1

Parts not Required to be Agilent Brand Name

GCMS mounting plate 1

High End GCMS Workstation PC minimum 4GB memory and 4x500 GB Hardrives Windows 7 64 bit capable of running Chemstation Mass Hunter Workstation Software latest available version for qualitative and quantitative analysis. With minimum 22 inch monitors

HP 500 Laser Printer or equivalent 1

Period of Performance: 90 Calendar days after award

Total Value: $463,200

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Other: Brand Name

5. Reason for Authority Cited:

The EML uses Agilent brand name GCMS systems to analyze the sample workload under strict operating procedures. Increasing workloads and aging equipment deployed for extended periods of time require replacement to keep up with demand of customers.

The EML is requesting brand-name Agilent Technologies instrumentation to ensure analytical methods are able to be conducted in the same manner to which the current machines conduct analysis. The EML currently owns and operates five Agilent GCMS systems. The EML operates within a quality system in which twenty employees have already been trained to operate and maintain this brand of instrumentation. Additionally, the EML has validated and written more than fifty Analytical Methods and procedures utilizing this instrumentation. No other brand name instrument manufacturers can be used because it would result in re-training of more than twenty employees, validation of all analytical methods and procedures, and rewriting of more than fifty documents within the quality system. These costs would exceed $500,000.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(4), this action will not be synopsized.

7. Actions to Increase Competition: The Contract Specialist contacted Agilent to verify how many authorized resellers were available to offer their products. Below is the list:

- FedPoint Systems, LLC (CAGE Code: 6MRQ6; 8(a)/WOSB/EDWOSB)

- Technical Communities (CAGE Code: 1RPN6; small business)

- Government Scientific Source (CAGE Code: 0S908; small business)

- Tevet (CAGE Code: 34SR4; HUBZone/SDVOSB)

Of these Authorized Resellers, one is an 8(a) small business reseller: FedPoint Systems, LLC.

8. Market Research: Market research was performed by the requiring and contracting activities in an attempt to identify small business nonmanufacturers with an interest and capability in participating in this opportunity. A Sources Sought Notice was posted via beta.sam.gov from 04 March 2020 through 18 March 2020 and resulted in four (4) responses from various small business nonmanufacturers. Additionally, Agilent communicated they only have four (4) authorized resellers. A list of the nonmanufacturers identified via market research is summarized below, including their name, CAGE and additional socioeconomic status, if any:

- FedPoint Systems (CAGE Code: 6MRQ6; 8(a)/WOSB/EDWOSB)

- Technical Communities (CAGE Code: 1RPN6; small business)

- Government Scientific Source (CAGE Code: 0S908; small business)

- Tevet (CAGE Code: 34SR4; HUBZone/SDVOSB)

- Franklin Young (CAGE Code: 59UA0; small business)

Additional market research was performed by the assigned Small Business Professional, U.S.

Army Combat Capabilities Development Command – Army Research Laboratory (CCDC-ARL) to confirm the aforementioned small business nonmanufacturers can in fact meet the eligibility requirements for nonmanufacturers participating in a small business set-aside or a small business reserve utilizing any of the socioeconomic small business contracting programs IAW 13 CFR 121.406(b) and FAR 19.102(f). The System for Award Management (SAM) profiles of each small business nonmanfuacturer were researched and confirmed the small businesses do not exceed 500 employees, are primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied, and will take ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice. Given the efficiency of utilizing the 8(a) Business Development Program and in an effort to increase the agency’s goal achievement within the Small Disadvantaged Business Program, it is recommended an 8(a) direct award to FedPoint Systems, LLC (CAGE Code 6MRQ6; 8(a)/WOSB/EDWOSB).

9. Interested Sources:

As stated above, a Sources Sought Synopsis was posted to GSA and Beta.SAM.gov from 04 MAR 2020 to 18 MAR 2020. There were two respondents from GSA. There were two respondents from Beta.SAM.gov as outlined in the Potential Offerors table below. All are small businesses.

Company and POC CAGE

L oc at io n

L B

SB

W O

E D

W

H U

B Z on e

SD

V

8( a)

Capability/Experience

1 FedPoint Systems, LLC

DUNS 078355846

Mrinal Khosla

(703) 994-3581

6MRQ6 VA Y Y Y Y Capable:

Authorized Agilent Reseller Cannot offer through GSA Can through open market

2 Technical Communities, Inc.

DUNS 086538152

1RPN6 CA Y Capable:

Authorized Agilent Reseller Can offer through GSA Can offer through open market

3 Government Scientific Source

DUNS 78580611

Kathleen Wilson

0S908 VA Y Capable:

Authorized Agilent Reseller Can offer through GSA Can offer through open market

4 Franklin Young International, Inc.

DUNS 113785385

David Cook

59UA0 Y Not Capable:

Does not offer Agilent Brand Name GCMS systems.

10. Other Facts:

The Contract Specialist received an informal quote in response to a Sources Sought posted on GSA from Government Scientific Source (GSS) and confirmed the supplies could be procured on GSA. However, the market research indicates this effort can be directly awarded to an 8(a) small business IAW FAR Subpart 19.8, “Contracting with the Small Business Administration (The 8(a) Program). GSA does not allow sole source direct awards, only competitive set asides IAW FAR 8.405-5(a)(1).

FedPoint Systems is unable to supply items from a small business manufacturer IAW the nonmanufacturer rule and the brand name justification requiring GCMS from Agilent. Therefore, a waiver to this rule has been obtained exempting the nonmanufacturer rule from this individual procurement

Program/Equipment: Agilent Gas Chromatograph Mass Spectrometer Systems

Version – March 2017 FOR OFFICIAL USE ONLY

a. Procurement History:

Contract number, awarded contractor: W911SR-17-F-0004, Technical Communities, Inc.

Cage Code 1RPN6 Description of Requirement: Agilent Liquid Chromatograph Mass Spectrometer Method of Procurement: SBSA off GSA Contract #GS-24F-0066M Contract type: Firm Fixed Price Delivery requirements: 60 DAYS ARO Total awarded amount: $469,987.52 Number of option periods: 0 Number of offerors: 4 Source Selection Method: RFQ

Contract number, awarded contractor: W91ZLK-17-F-0005, All Business Machines, Inc.

Cage Code 1XMQ0 Description of Requirement: Agilent Liquid Chromatograph Mass Spectrometer and related equipment Method of Procurement: SBSA off GSA Contract #GS-07F-0092W Contract type: Firm Fixed Price Delivery requirements: 45 DAYS ARO Total awarded amount: $649,999.85 Number of option periods: 0 Number of Offerors: 3 Source Selection Method: RFQ

11. Technical 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.

John Barczak Biologist

12. 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.

John Barczak Biologist

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

This determination will be made using the following: price analysis market research

IGE current price lists prices found reasonable on previous purchases

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial IAW FAR 15.403-1(b)(3).

Nicholas Granata Jr.

Contracting Officer

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

Approval Based on the foregoing justification, I hereby approve the procurement of Gas Chromatograph Mass Spectrometer Systems on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.