A15 Limited Source Justification D-24-IG-0018_NC.pdf

LIMITED SOURCE JUSTIFICATION FOR A FEDERAL SUPPLY SCHEDULE PROCUREMENT FAR

PART 8

ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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1. Identification of the agency and the contracting activity, and specific identification of the document as a "Limited Source Justification."

Contracting Activity Processing the Requirement:

Name of Organization Originating the Requirement: IS/ISP/System Security Unit (ISPA)

Identification Number (purchase request/solicitation number):

2. The nature and/or description of the action being approved. (check appropriate box)

Use of brand name X Sole source award

3. A description of the supplies or services required to meet the agency's needs and estimated value.

ISPA requires a preventive maintenance (PM) and emergency service base plus four option years contract for the 45 X-ray machines located at 44 different DEA domestic offices nationwide. The yearly PM and support services contract allows for preventative maintenance, calibration and verification the X-ray machines are working within safe limits.

Total estimated value inclusive of all options:

Period of performance or final delivery date: 7/19/24 - 7/18/29

4.

a. Authority: 8.405-6(a)(1)(i)

b. Reason for Restricting Competition: (Select one below)

(A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays 8.405-6(a)(1)(i)(A)

(B) Only one source is capable of providing the supplies or services required at the level of qualityrequired because the supplies or services are unique or highly specialized 8.405- 6(a)(1)(i)(B)

(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures 8.405-6(a)(1)(i)(C)

(D) An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and

X

ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

November 2022 2 market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. 8.405-6(b)(1)/ 8.405-6(b)(1)

c. If applicable, explain the contractor’s unique qualifications and capabilities to support your requirement. Are there other like/similar products that meet this requirement and why you are precluding them for this acquisition?

The System Security Unit (ISPA) recommends Smiths Detection continues to provide support to maintain X-ray machines. It is important to note the vendor’s, X-ray machines are currently located at 44 DEA locations. Smiths Detection is the original equipment manufacturer for the X-ray machines and as all assemblies, subassemblies and parts are designed, developed and manufactured by Smiths Detections. The service requires preventative maintenance is required for the machines. The OEM employs its own specially trained and certified service team to perform maintenance and repair of the machines. The OEM uses proprietary diagnostic tools and software when servicing the products.

Other manufacturers sell X-Ray machines manufactured by Smith's Detection and the services they provide are proprietary.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

The Contracting Officer will determine fair and reasonable determination in accordance with previous costs history.

6. A description (summary) of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market research consists of user personal knowledge and use of the equipment.

Market research was conducted and determined to be available through GSA schedule. Previous contract history shows same/similar item awarded using GSA schedule. Current contract was awarded to the OEM as a sole source requirement.

7. Any other facts supporting the justification. N/A

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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The OEM, Smiths Detection provided a letter to verify they are the Original Equipment Manaufacturer, Sole source proprietor of the item.

C O N T I N U E D O N N E X T P A G E .

ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________ Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

X I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

X I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________

Signature & Title

“I hereby certify that this Limited Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________

Signature Date _______________

Contracting Officer ____________________________________ Signature

Date _______________

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature

Reviews and Approvals

ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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Competition Advocate ____________________________________ Date _______________ (if over $750,000) Signature

Chief, FAC ____________________________________ Date _______________ (if over $750,000)

Bureau Procurement Chief

Signature

(if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________

Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________

Signature Date _______________