Aprpoved JOFOC - 0187 - QA - Redacted.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF20-0025 ARQ #DJA-20-ALAB-PR-0187 Page 1 of 6

1. Contracting Activity:

Office of Management Property, Acquisitions, and Safety Division (PASD) Acquisitions Branch 99 New York Avenue NE, 3.S-125 Washington, DC 20226 POC: Maria Britton, (202) 648-9132 Email: maria.britton@atf.gov

Requesting Office:

ATF Forensic Science Laboratory 6000 Ammendale Road, Ammendale, MD 20705

2. Nature/Description of Action being approved, i.e. sole source, limited competition, establishment of a new source, etc.

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole source, firm-fixed price purchase order for maintenance of the Frontier Multi-shot Pyrolyzer with autosampler, which is proprietary in nature to the original manufacturer’s only authorized reseller.

3. Description of Supplies/Services to include the period of performance and estimated value (including options):

The ATF Forensic Science Laboratory in Maryland requires a service contract to provide preventative maintenance and necessary repairs to existing instrumentation (Frontier Multi-shot Pyrolyzer (EGA/PY-3030D-110) with autosampler AS-1020E)) within the laboratory. The service contract is one base year from March 1, 2020 through February 28, 2021 and four (4) – one (1) year option periods from March 1, 2021 to February 28, 2025.

Base year period of performance: 3/1/20 to 2/28/21 -

Option year 1: 3/1/21 to 2/28/22 - Option year 2: 3/1/22 to 2/28/23 - Option year 3: 3/1/23 to 2/28/24 - Option year 4: 3/1/24 to 2/28/25 - $

Proposed Contractor mailto:amanda.boshears@atf.gov

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Quantum Analytics 3400 East Third Ave.

Foster City, CA 94404-1101 POC: Quantum Support Group Phone: 1-800-458-9641 Email: support@lqa.com

4. Pursuant to FAR Subpart 6.3 and in accordance with the requirement of FAR 6.303, this J&A is supported by the following statutory authority and reason for statutory authority cited:

Please select one:

[X] 41 USC 3304(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, FAR 6.302-1

[ ] 41 USC 3304(a)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 3304(a)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 3304(a)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 3304(a)(5), Authorized or Required by Statute, FAR 6.302-5

[ ] 41 USC 3304(a)(6), National Security, FAR 6.302-6

[ ] 41. USC 3304(a)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of Authority Cited:

In accordance with FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements for a service contract from Quantum Analytics for the Frontier pyrolyzer to include the Multi-Shot Pyrolyzer (EGA/PY-3030D-110) and Auto- Shot Sampler (AS-1020E). This system is essential to component(s) analyses of performed at the ATF Forensic Science Laboratory in . It is necessary that this instrument remain operational and provide the highest quality of data.

Based on an e-mail from the original manufacturer dated 05 December 2019, there are no other vendors that can provide maintenance to this Multi-Shot Pyrolyzer (EGA/PY-3030D-

110) and Auto-Shot Sampler (AS-1020E), which is proprietary in nature to the manufacturer. Denial of this purchase would impede upon and negatively impact ATF’s law enforcement investigations.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable. Include whether or not a FBO announcement will be issued and mailto:support@lqa.com

Control #: ATF20-0025 ARQ #DJA-20-ALAB-PR-0187 Page 3 of 6 attached a draft of the FBO notice. Include any exception under FAR 5.202, when not synopsizing. If the justification covers a brand name requirement, this section should address compliance with FAR 5.102(a)(6). Identify if any/similar requirements are anticipated in the future.

A Notice of Intent will be posted via the Federal Business Opportunity (FBO) website for fifteen (15) days once this JOFOC has been approved.

7. Determination by the Contracting Officer that the anticipated Dollar Value, including options demonstrates of fair and reasonable cost. Use information such as commercial pricelists or prior acquisition history.

This pyrolysis unit is a unique instrument within ATF’s Laboratory Services Division. This equipment was originally purchased in . This is a new requirement for the maintenance agreement; therefore, historical pricing does not exist. The table below

Service Provider Order # QTY Cost/Price

Quantum Analytics’ proposed base period price

In reviewing Quantum Analytics’ quote, Based on the above information, the Contracting Officer has determined the price to be fair and reasonable.

8. Market Research. Market research is required by FAR 10. Describe the results of market research or provide a statement of the reason why market research was not conducted.

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Based on a letter dated 05 December 2019 from the Original Manufacturer, Frontier Lab, Quantum Analytics is the only authorized reseller. Given the specialized and proprietary nature of the hardware and the software of the Frontier Laboratories pyrolyzer, Quantum Analytics is the only company trained and authorized to service Frontier products installed on Agilent systems. The Multi-Shot Pyrolyzer (EGA/PY-3030D-110) and Auto-Shot Sampler (AS-1020E) are installed on the Agilent GC-MS (gas chromatogram-mass spectrometer/7890B GC – 5977 MS).

9. Additional Supporting Facts :

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available:

The original manufacturer stated in a letter dated 05 December 2019 Quantum Analytics is the only authorized reseller.

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

10. Listing of Sources that expressed a written interest in this acquisition:

11. Actions Taken to Remove or Overcome any Barriers to Competition. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies/services required. Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

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The Requesting Office will continue to research the marketplace and communicate with other agencies, to determine if similar products and/or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature. In the future, competition will most likely depend on if the manufacturer allows other vendors to re-sell and maintain their equipment and related maintenance services.

Control #: ATF20-0025 ARQ #DJA-20-ALAB-PR-0187 Page 6 of 6