A15_-_JOFOC_Intoximeter.pdf

United States Department of the Interior

NATIONAL PARK SERVICE

1849 C Street, N.W.

Washington, D.C. 20240

NATIONAL CONTRACTING OPERATIONS

P.O. Box 25287, M.S. WCP 7333 West Jefferson Ave, Suite 100 Denver, Colorado 80225 Lakewood, Colorado 80235

IN REPLY REFER TO:

S72 (2623)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

for

Brand Name requirement for Intoximeter EC/ER II Evidentiary Breath Testing Device

IAW

FAR 13.5

This Justification and Approval follows the format at FAR 6.303-2.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of the Interior, National Park Service, National Contracting Operations, United States Park Police

2. DESCRIPTION OF THE SUPPLIES/SERVCICES REQUIRED

This is a brand name requirement in support of the life cycle replacement for evidential breath testing instruments for the United States Park Police (USPP) for the items in the following table

3. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING ESTIMATED VALUE)

The items in the table found at item 2 are required to support the life cycle replacement of evidential breath testing instruments in support of the mission requirements of the officers of the USPP.

The estimated value for this requirement is $128,977.50.

ITEM DESCRIPTION

1 Intoximeter EC/IR II Desktop Tester Package

Each Intoximeter EC/IR II Tester Package contains the following items:

•Intoximeter EC/IR II Tester, grey in color (Part Number 18-2080-XX) •I/O Keyboard, USB Mini EC2 ACK 595-Black (Part Number 27-5815-02) •Warranty – 1 Year Parts and Labor (Part Number WARR-1)

2 Printer BR HL-L5000D with Parallel Cable (EC2) Part Number 21-0410-00

3 Dry Gas 108L/223PPM (.082) C Part Number 22-0080-01

4 Mouthpieces, EC/IR One-Way, Individually Wrapped Part Number 23-0000-00

4. AN IDENTIFICATION OF THE STATATORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

FAR 6.302-1(c) – Brand Name

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES THE USE OF THE

AUTHORITY CITED.

The Intoximeter EC/IR II is the only instrument approved for use in determining breath alcohol concentration for the United States Park Police in Maryland, Virginia, District of Columbia, New York, and New Jersey.

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 SUBPART 5.2 AND, IF NOT,

WHICH EXCEPTION UNDER 5.202 APPLIES

This requirement will be publicized IAW FAR 5.2 – Synopses of Proposed Contract Actions and a copy of this Justification for Other than Full and Open Competition will be posted with the solicitation IAW FAR 5.102(a)(6). FAR 13.105(b) allows the use of a combined synopsis and solicitation for the acquisition of commercial products. The combined synopsis/solicitation will be posted to the Government-wide Point of Entry (GPE), https://www.sam.gov .

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The anticipated cost to the Government will be fair and reasonable as this is a commercial acquisition for products which are not limited to Federal Government use. The competitive solicitation will be posted to the Government Point of Entry found at https://www.sam.gov as a 100% total small business set-aside with brand-name requirement and will be awarded using Lowest Price, Technically Acceptable source selection process to determine the best value for the Government. A Price Fair and Reasonable Determination will be documented based on the responses received from the competitive brand-name requirement solicitation.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS.

Market research was conducted by utilizing the tableau for Indian Economic Enterprise and Indian Small Business Economic Enterprise, researching the Small Business Administration’s Quick Market and Dynamic Small Business search tables and research of required sources IAW FAR 8.002 and AP&P 1443.08-01.

The results of the market research indicate that there are more than 100 capable small businesses with the

NAICS 334516.

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

COMPETITION

Moving to an entirely new evidentiary breath testing device would require certification by the United States Park Police, along with certification in the United States District Courts in Maryland, Virginia, District of Columbia, New York and New Jersey.

https://www.sam.gov/ https://www.sam.gov/

Changing to another manufacturer would present an unnecessary challenge that would require the retraining and recertification of our USPP TSU staff members as instructors and maintenance technicians, along with retraining and certification of all the breath test operators within the USPP. The procedures for initial certification of the Intoximeter EC/IR II are already established and certified by USPP instructors/maintenance officers. Currently, all Intoximeter repairs are completed by TSU staff unless the instrument needs technician level attention.

There would be a significant financial impact to the USPP if our sole source justification for the Intoximeter EC/IR II was denied. The retraining of TSU staff members on a new instrument would incur a travel cost of approximately $5,000 per TSU member which would include course registration at remote facility, airfare, lodging, per-diem, travel time, and possibly overtime as hours extend beyond the regular tours of duty. Currently, we have 2 TSU members who have completed this training for the Intoximeters.

The USPP TSU would initially need 4 officers to receive this training for a cost of about $20,000.

Intoximeters, Inc. is the only supplier of evidential breath alcohol testers to offer a full range of desktop style instruments to meet the USPP TSU’s requirements. The Intoximeter EC/IR II instrument is approved by the US Department of Transportation and meets the National Highway Traffic Safety Administration (NHTSA) and the International Organization of Legal Metrology (OIML) model specifications for Evidential Breath Test Devices. Intoximeter’s desktop evidential systems represent more than half of the instruments in North America. The Intoximeter EC/IR product line is being used as the primary evidential breath test system in a number of States plus the District of Columbia.

Intoximeter’s instruments are widely recognized as the industry leader for quality, accuracy, and reliability. Their service and support team compliments the high level of quality offered with their instruments, providing training, expert witness support and day to day support which is a USPP requirement. The sampling system in the Intoximeter EC/IR II utilizes advantages of both electrochemical sensor (EC) and infrared sensor (IR) technology. The infrared system is capable of monitoring in real time, both alcohol and carbon dioxide concentrations in the breath. The electrochemical sensor system is utilized to quantify the alcohol concentration in a breath sample. Software settings and test database are monitored to ensure their integrity. The instrument also contains advanced radio frequency interference immunity and detection, automatic accuracy checks and calibrations using internal gas tank or external simulator, self-diagnostic capabilities, an easy to read 256 x 32-pixel graphic vacuum fluorescent display and is capable of remote diagnostics along with centralized data collection using IntoxNet software.

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

INTEREST IN THE ACQUISITION.

Not applicable.

11. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED.

This requirement fulfils the life cycle replacement for evidential breath testing instruments. The next iteration of procurements to fulfill the need for evidentiary breath testing devices will require certification by the United States Park Police, along with certification in the United States District Courts in Maryland, Virginia, District of Columbia, New York and New Jersey. If new devices or technology are adopted by the United States District Courts in Maryland, Virginia, District of Columbia, New York and New Jersey, at that time the United States Park Police will review and update the approved devices as necessary.

12. CERTIFICATIONS

I certify that any supporting data that is the responsibility of the technical or requirements personnel which form a basis for the justification have been certified as complete and accurate.

I certify that the justification is accurate and complete to the best of my knowledge and belief.

CONTRACTING OFFICER