A15 - Sole Source Justification.pdf

BRAND NAME JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FOR REQUIREMENTS NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

Any order against a multiple award contracts, including Governmentwide acquisition contracts (GWACs) and valued between the micro-purchase threshold and simplified acquisition threshold that do not allow for fair opportunity (see FAR 16.505/b)/1)) on the basis of a brand name specification must be documented in accordance with Federal Acquisition Regulations (FAR) 16.505(b)(2)(ii}(A)). This template may be used for this purpose. The customer shall provide the following information:

Purchase Request Number: D-21-TC-0007 Estimated Amount (inclusive of options):

$182,000.00

Brief description of supplies or services required and the intended use:

Delivery Date or Period of Performance:

10/01/2020 - 09/30/2021

Renewal of LabX: Thirty (30) LabX Balance Server Software Maintenance Plans;

Thirty (30) LabX Regulation Maintenance Plans; Thirty (30) LabX System integration

Maintenance Plans; Four hundred sixty-two (462) Add 1 Excellence Balance Maintenance

Plans. LabX software supports the laboratory Information Management System (LIMS project) .

Describe the rationale and facts that demonstrate that no other supplies and/or services will meet the Government's need and that an exception to fair opportunity based on the use of a brand name specification is justified. The exception to fair opportunity when brand name descriptions are used is based on FAR 16.505(b)(2)(i}(B)- "Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized."

LABX is a proprietary software and the Mettler Toledo is the only vendor who provides the necessary licenses. Mettler Toledo provides the LabX Software Support and

Maintenance Plan (SMP) which is a comprehensive line up of services designed to enhance the LabX use and ownership experience for not only a single LabX workstation and including the networked lab. With the SMP, you have access to new LabX features and functionality via periodic software updates and new releases, and access to a range of help mechanisms and valuable benefits available exclusively to active SMP subscribers.

To the extent that it is relevant for processing, it is advised that as the OEM of proprietary LabX software. DEA has invested approximately $400,000 (last DAO

15DDHQ19P00000791) into this software capability to date and using a different Software brand would incur fees to buy new licenses (vice renewals) and cause extensive integration and testing of the system if the Government selected a different software.

Additionally, the risk associated with integrating new software into the approved configuration is greater than the expected gain from other brands of software. As such, the sunk investment by the DEA to date is not expected to be recovered for potential savings associated with the procurement of a different brand that provided an equivalent