A6 JOFOC POSTED.pdf

Template for Justification for Other than Full and Open Competition, February 2019

Justification for Other than Full and Open Competition United States Department of Agriculture

Federal Acquisition Regulation (FAR) Part 6.3

1. Identification of the agency and the contracting activity.

USDA, APHIS, PPQ

Carolina Plant Inspection Station 50 Jose Santana Ave. BLDG C-2 Warehouse #3 Carolina, PR 00979

2. The nature and/or description of the action being approved.

This is a sole source justification to create a service and maintenance contract for Rapiscan brand X-Ray machines with Rapiscan Systems.

Due to the circumstances described below, the APHIS, Plant Protection and Quarantine (PPQ), Pre- Departure Program requires the following service to be acquired using a noncompetitive procurement in support of program mission requirements.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This item consists of a service and maintenance contract to support our x-ray machines located at the LMM International airport in PR. These are Rapiscan brand x-ray machines. No aftermarket service providers exist.

These x-ray machines are part of our pre-departure operations in support of the quarantine stipulated within CFR 318.58.

Rapiscan Systems is the sole manufacturer of their brand and the only service provider with technicians in Puerto Rico. Rapiscan Systems is the manufacturer of all our x-ray units. Their products are proprietary, and no aftermarket service provider exist.

The estimated price of this requirement is $******dollars for a base year plus four option years.

4. The statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements."

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

These x-ray machines fundamental part of a large inspection program. USDA has a large investment in Rapiscan Systems products in our facility at a cost of more than half million dollars for the complete system, which include (6) x-ray machines. Because Rapiscan Systems has other clients like Homeland Security located at the LMM airport, they can provide expedited service 24/7 for any incident.

Rapiscan Systems is the original manufacturer and service providers of these commercial units. USDA will have access to the top support and technical staff at Rapiscan Systems who developed, manufactured and support the actual products. Due to these elements, no other company is suitable to provide service or part given that Rapiscan Systems is a proprietary company with no third-party support as of today.

By acquiring services directly from the manufacturer, we are ensuring the reliable service and certified OEM parts.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

There is no other company of providing replacement parts for Rapiscan Systems commercial units or first-hand technical support.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

This section shall be completed by the procuring official.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

This requirement involves the maintenance of highly technical X-Ray equipment that is proprietary in nature.

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

Proprietary equipment with no other third-party providers available.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

No suitable company has expressed interest in writing this project.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

Due to this equipment being proprietary, the existing investment in this equipment and Puerto Rico’s geographical limitations, we do not foresee any competition for the time being.

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Enrique Díaz Program Support Assistant

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Rita E FishWhitlock Contracting Officer