A06-JA - CO Signed_Redacted.pdf

J&A DOL-25-11

Justification for Other than Full & Open Competition

l. Identification of the agency and contracting agency:

Contracting Activity

Department of Labor OASAM /Office Acquisition Services, Division I 200 Constitution Avenue N.W.

Washington, DC 20210

Customer Agency

US Department of Labor OSHA, DTSEM - Salt Lake Technical

Center 8660 South Sandy Parkway Sandy, UT 84070

2. Nature and/or description of the action being approved:

This justification authorizes and approves the issuance of a contract to Rigaku Americas Corporation, 9009 New Trails Dr, Woodlands, TX 77381 (SAM UEI: MF57ENCBSB57) for continuation of a service agreement for the Rigaku Sma1t Lab equipment. The period of pe1fonnance will be one 12-month base period and four 12-month option periods beginning on June 01, 2025.

3. Description of supplies/services required to meet the agency's Needs (including the estimated value):

SLTC requires an annual se1vice agreement to include all maintenance, updates, and repairs for the Rigaku XRD system as listed below. Se1vices will be perfo1mance at Salt Lake Technical Center (SLTC), 8660 South Sandy Pai·kway, in Sandy, Utah.

• SmaitLab Pwd 9KW SN:BD70000256-0l

• Haskris R300 Chiller SN: HC42019

• CBO-alpha Cu SN: TJ00096901-04

• ASC48 Sample Changer SN: TJ00094169-03

• D/TEX 250 SN: TJP0001016-14

The estimated value for all yeai·s is

4. An identification of the statutory authority permitting other than full and open competition:

The statuto1y authority pe1mitting other than full and open competition is Federal Acquisition Regulation (FAR) 13.501 in accordance with 41 U.S.C.1901.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

The DOL, OSHA, SLTC, Industrial Hygiene Chemistry (IHC) Division annually analyzes thousands of samples submitted by Compliance Safety and Health Officers (CSHOs) evaluating worker exposure to regulated chemicals in workplaces all over the United States and the territories of Puerto

Rico, Virgin Islands, and Guam. Analytical results provided by SLTC to CSHOs are often used as the basis for citations and these results must be accurate, precise, and defendable in court proceedings. OSHA’s Rigaku XRD system must be maintained and serviced properly to ensure all the results are credible when used in legal proceedings. Due to the highly precise technical nature of how the performance of the instrumentation is evaluated, only Rigaku, Inc. can provide this service.

The current service manufacturer warranty is set to expire February 28, 2022. An annual service contract is required to insure the ongoing optimal performance of this instrumentation. Due to the highly precise technical nature of how performance of the instrumentation is evaluated, only Rigaku can provide this service. The instrument controller software and tolerance levels with respect to measurements of reference materials are proprietary materials of the Rigaku. No third-party contractors are privy to this information and thus cannot provide equivalent maintenance services.

6. A description of efforts to obtain competition to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and if not, which exception under 5.202 applies:

Rigaku has certified that no other company is authorized to work on its equipment. However, a notice will be publicized as required by FAR 5.2.

7. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable:

The Contracting Officer hereby determines that the anticipated price to the Government for this contract action will be fair and reasonable. The contractor’s proposal will be evaluated IAW FAR FAR 13.106-

3(a). Similar and relevant contract pricing from purchase order 1605C1-21-P-00002 was deemed fair and reasonable at the time of the award and will be used for comparison in the price analysis of this requirement. The contracting officer will also compare the proposed pricing to the government’s IGCE.

8. A description of market research conducted (part 10) and the results or a statement of the reason market research was not conducted:

During market research, a search was conducted to determine whether or not the required services were available through GSA, Open Market, or an established Government-Wide Acquisition

Contract (GWAC). Other than Rigaku, no vendors were identified.

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

None.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

None.