Cubix service FY20 signed (1)_Redacted.pdf

Justification for Other than Full & Open Competition

1. Identification of the agency and contracting agency:

Contracting Activity U.S. Department of Labor Mine Safety and Health Administration National Mine Health and Safety Academy 1301 Airport Road Beaver, WV 25813-9426 Contact: Rhonda Sizemore (304) 256-3538

(304) 256-3350 (Fax)

Customer Agency U.S. Department of Labor Mine Safety and Health Administration Pittsburgh Safety and Health Technology Center 626 Cochrans Mill Road Pittsburgh, PA 15236 Matthew Fenlock, 412-386-6202

2. Nature and/or description of the action being approved:

Single Source Justification for Other Than Full and Open Competition. Annual Premium Level service contract for the Dust Division's two Malvern Panalytical Cubix X-ray diffractometers used for Metal/Nonmetal (MNM) mine respirable dust silica analysis.

3. Description of supplies/services required to meet the agency's Needs (including the estimated value):

a. Description -The Premium service contract will cover unlimited emergency service calls and two Preventive Maintenance per contract period. Parts, labor, and travel are included. Service will be provided onsite within 48 hours response time. Limited remote diagnostics during normal business hours is included.

b. Estimated Value The coverage for each instrument has an annual estimated cost of each. Total cost for coverage of both instruments for base year is estimated at . The contract includes four additional option years with annual estimated cost for both instruments listed below.

Option Year One:

Option Year Two:

Option Year Three:

Option Year Four:

Total estimated cost for base and four options (two instruments) is

4. An identification of the statutory authority permitting other than full and open competition:

FAR 13.106-l(b)(I)(i) Soliciting from a single source

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited:

The nature of the acquisition is proprietary. There are several manufacturers of these types of instrumentation. Each vendor has custom designs that are unique to their product lines. Hardware and software from one manufacturer are thus not interchangeable with those of another vendor. Similarly, service requirements differ from one manufacturer/model to another.

Panalytical personnel are trained to service these instruments and are thus best qualified to perform this work, which can involve diagnosing problems with X-ray generators and extremely high voltages. Since the PSHTC Lab cannot sustain the throughput of health samples requiring silica analyses without the use of these instruments, timely repairs are imperative. The suggested vendor is best equipped to provide these services.

6. A description of efforts to obtain competition to ensure that offers are solicited from as many potential sources as 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:

A special notice will be publicized in accordance with FAR 5.2.

7. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable: The cost will be deemed fair and reasonable prior to award.

The cost for the service per instrument is comparable to similar coverage purchased by the government from a different manufacturer of another instrument used by the laboratory.

8. A description of market research conducted (part 10) and the results or a statement of the reason market research was not conducted:

For most types of specialized laboratory instrumentation, the ability to service instruments is limited to the vendor of the instrument. When a competition is held for the purchase of the instrument, the outcome also determines the provider of service. It may be feasible in future procurement actions to factor in the cost of service in determining the contract award. Market research was not conducted since the manufacturer is the only vendor capable of performing the maintenance.

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

As stated above, only the system manufacturer can provide parts and service.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

Malvern Panalytical USA, 117 Flanders Road, Westborough, MA 01581

11. A statement of the 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:

To remove or overcome any barriers for limiting brand name justifications, MSHA is continuously researching and reviewing the market to identify hardware alternatives that meet the agency's requirements. The acquisition of the current system was conducted using the FedBid process.

12. Signature blocks:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

Technical certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Signature: 1A1�

Type name: Matthew Fenlock

Title: Supervisory Physical Scientist

Contracting officer certification:

Date: -�J-�-_[{)_-_�-----

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

Signature:

Date:

Type name: __________ _

Title:

Approval

Based on the foregoing justification, i hereby approve the procurement under an other than full and open competition basis pursuant to the authority of 41 u.s.c. 3304(a)(l) as implemented by far 6.302- 1 ( a )(2)(ii) and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature:

date:

Type name: Carl V. Campbell

Title: Competition Advocate, OASAM

ORIGINATING OFFICE DATE SUBMITTED PROJECT NO. CONTRACT NO.

MSHA Technical Support - PSHTC

ESTIMATE

PROJECT AND CITY PURPOSE

WORKSHEET Pittsburgh Safety and Health Tech Center Purchase Premium Level Service 626 Cochrans Mill Rd, Bldg 38 Agreement for Malvern Panalytical Pgh, Pa 15236 Cubix X-ray Diffractometers (2)

�1l 1!' JlAAA D

ITEM

l-fO d"OW Preventive Maintenance Agreement

ESTIMATE VALID TO: EIITIMATED BY - DATE

Matthew Fenlock 02/10/2020 1 OF 1 SHEET NO.

QUANTITY MATERIAL LABOR SUBTOTALS

DESCRIPTION OF WORK

NO. UNIT PER

UNITS MEAS.

PER UNIT SUBTOTALS

UNIT

SUBTOTALS

Base Year 1 2 Ea. 22986.00 45972.00

Option Year 1 2 Ea. 23790.51 47581.02

Option Year 2 2 Ea. 24528.01 49056.02

Option Year 3 2 Ea. 25288.38 50576.76

Option Year 4 2 Ea. 26072.32 52144.64

Grand Total $245,330.44

19. SOURCE(S) FOR INDEPENDENT GOVERNMENT COST ESTIMATE (IGCE):

□GSA Schedule IPublished Price List □Catalogs □Market Surveys □Previous Buys □Other

20. DISCUSS THE RATIONAL FOR THE INDEPENDENT GOVERNMENT COST ESTIMATE (IGCE):

Cost Estimate for Premium level service package for two Cubix X-ray diffractometers. Includes Base year plus four Option years.

MARKET RESEARCH CHECKLIST

Program Area: MSHA Technical Support PSHTC Dust Division

Description: Cubix XRD Premium Level Service Agreement

Project Name: Cubix Service Agreement

NAICS Code:

This document is in accordance with Federal Acquisition Regulation (FAR) Part 10.000, which describes the policies and procedures for conducting market research in order to reach the most suitable approach to acquiring, distributing, and supporting supplies and services.

The extent of market research will vary, depending on such factors as urgency, estimated dollar value, complexity, and past experience. Market research involves obtaining information specific to the item being acquired.

I. Market Research Objectives To research annual service options for Malvern Panalytical Cubix x-ray diffraction systems.

II. Background The U.S. Department of Labor, Mine Safety and Health Administration (MSHA) is responsible for enforcing health standards promulgated under the authority of Section 103 (a) of the Federal Mine Safety and Health Act of 1977. A national network of MSHA inspectors collects health samples at approximately 10,000 metal/nonmetal (MNM) mines located in the United States and its territories to monitor miners' exposures to hazardous contaminants. Silica samples are analyzed by using validated X ray diffraction (XRD) analytical methods and citations are issued to mine operators if exposure limits are exceeded. Approximately 5,000+ sample and quality assurance analyses are performed each year on MNM mine dust samples by the MSHA Technical Support Lab.

III. Service Description The Pittsburgh Health and Safety Technology Center of the Mine Safety and Health Administration is seeking the services of Malvern PANalytical to maintain and perform scheduled preventive maintenance on the two Cubix X-ray diffractometers and incorporated peripherals used for crystalline silica enforcement analysis. Peripherals include sample changers, Haskris LX2 air-cooled water chillers, and Vertiv GXT4 uninterruptable power supply units. Listed below are the items that are included in the Premium Service Agreement.

Premium Level Service Plan - $22,986.00 per year for each unit

• Unlimited labor (emergency visits), parts, and travel

• Two preventive maintenance visits scheduled within contract period per unit

• 48 hour onsite response time

IV. Delivery / Performance Time

V.

Period of performance is one year from signed contract start date. Proposal is to include a base year with four additional option years.

Pt f IS o en ia upp 1er n orma 10n I' I t f Vendor Location Point of Contact Business Capability

Name Size Malvern Westborough, Maryann Tognazzi Provides all required Panalytical MA 508-647-1199 services.

USA maryann. tognazzi@malvernpanalytical.com

VI. Market Analysis

A. The results of market research have determined that the Government's needs can be met by:

1. Commercial Items/Commercial Services

□Any item (other than real property), that is of a type customarily used for nongovernmental purposes and that: 1) has been sold, leased, or licensed to the general public; or, 2) has been offered for sale, lease, or license to the general public.

□Any item that evolved from an item described above through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation.

■ Any services, such as installation, maintenance, repair, training, or other services in support of a commercial item if the source offers the service to both public and government under similar terms and conditions.

□ Other services that are sold competitively in substantial quantities in the marketplace under standard commercial terms and conditions sold based upon established catalog or market prices. This does NOT include services that are sold based upon hourly rates WITHOUT established catalog or market price for a specific service performed.

2. Customarily Available in the Commercial Marketplace with Modifications

□ Any item that would satisfy the criteria expressed above, but for: 1) modifications of a type customarily available in the commercial marketplace; or, 2) MINOR modifications of a type not customarily available in the commercial marketplace made to meet Government requirements. (MINOR modifications do NOT significantly alter the nongovernmental function or essential physical characteristics of the item or component or change the purpose of a process.)

□Any previously developed item of supply used exclusively for governmental purposes by a

Federal Agency, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement.

□Any item described above that requires only MINOR modification or modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring agency.

3. Does Not Meet the Commercial Item/Service Definition

If any of the above 3 major categories in Number 2 above was checked, fill out Part b below and then skip to Seqtion VIII.

a. If supplies/services to be acquired DO NOT meet the criteria in any of the categories described above, explain why. Provide explanation on page __ of this document, if necessary.

b. If the requirement for the supplies/services is not commercially available, can the requirement for the supplies/services be restated to permit the acquisition of a commercial supply/service to satisfy the requirement? □Yes □No

Provide explanation on page __ of this document, if necessary.

VII. Bundling: (Remember to complete this section if bundling is contemplated.)

If the requester contemplates "bundling" this requirement, they must identify this requirement to the Office of Small Disadvantage Business Utilization (OSDBU) at least 60 days before release of the solicitation. OSDBU will notify the local SBA procurement center representative.

In accordance with FAR 2.101, "Bundling" means-

(1) Consolidating two or more requirements for supplies/services, previously provided or performed under separate smaller contracts, into a solicitation for a single contract that is likely to be unsuitable for award to a small business concern due to-

(i) The diversity, size, or specialized nature of the elements of the performance specified;

(ii) The aggregate dollar value of the anticipated award;

(iii)The geographical dispersion of the contract performance sites; or

(iv) Any combination of the factors described in paragraphs (l)(i), (ii), and (iii) of this definition.

□ It is intended for this requirement to be bundled.

■ It is not intended for this requirement to be bundled.

VIII. Methods utilized to conduct Market Research

■ Contact knowledgeable individuals in the Government and industry regarding market capabilities to meet requirement

□Query Government, Business, Search engines, etc., that may provide information relative to your requirement

□FedBizOpps Sources Sought/Request for Information Synopsis

□Participate in interactive, on-line communications among industry, acquisition personnel, and your customers

□ Search GSA/FSS (GSA Advantage)

□Obtain source lists of similar items from other contracting activities, agencies, trade associations, and other sources

□ Search UNICOR

□Review catalogs and other generally available product literature published by manufacturers, distributors, dealers, etc.

□ Search AbilityOne

□ Conduct interchange meetings or hold pre-solicitation conferences to/for potential offerors

□Search SAM

□Attend trade shows, Industry Conferences, etc.

□ Search previous organizational purchases of similar/identical acquisitions

Search the Internet

□ Contact SBA

□ Contact Woman Owned Business Association

□ Other (Describe)

IX. Other Considerations

A. Buy American Act: FAR Part 25.101 requires agencies to acquire only domestic end products for public use inside the United States. For construction, the BAA requires that only domestic construction materials be used in construction contracts performed in the United States, FAR 25.201. Domestic end products are: (1) an unmanufactured end product mined or produced in the United States OR (2) an end product manufactured in the United States AND the cost of components mined, produced or manufactured in the United States exceeds 50 percent of the costs of all components, FAR 25.101. However, if the product is manufactured in the United States and is a COTS item ( commercially available off-the-shelf), then the component test is waived and the product is deemed to be a domestic end product, FAR 12.505(a). There are certain exceptions under which a contracting officer may purchase a non-domestic end product. See FAR Parts 25 .103 and 25 .202 to understand exceptions. Market Research that results in a conclusion that there are no domestic end products that meet the government's needs in response to a requirement must be exhaustive and thoroughly documented. Results of Market Research were as follows:

■ Procurement is for services only.

□ Domestic end product(s) have been identified and are anticipated to meet the government's needs.

□ This procurement is to be performed outside of the United States.

□ An exception applies (select exception):

Exceptions supplies:

□ Public Interest

□ Non-availability

□ Unreasonable Cost

□ Resale ***Should never be selected because not applicable to DOL procurements

□ Commercial Information Technology

Exceptions construction:

□ Impracticable/Public Interest

□ Non-availability

□ Unreasonable Cost

□ Commercial Information Technology

B. Small Business: In order for an acquisition to be made a set-aside, at least two firms of the same size must be found who indicate they will compete for this acquisition (unless it's 8(a)). Results of Market Research were as follows:

■ No sources could be found

□No two HubZone sources could be found

□No 8(a) sources could be found

□No two SDB sources could be found

□No two SB sources could be found

□No two WOSB sources could be found

□No two SDVOSB sources could be found

C. Customary Commercial Terms/Conditions/Practices: If the item is found to be a commercial item/service, list/note/attach any customary commercial terms, conditions, and practices discovered during market research and what they entail: (If supplies/services are non-commercial skip to C. (below))

□ Special warranties

□Buyer financing / progress payments

□ Industry required delivery lead times

■ Special maintenance requirements

□Packaging and/or marking

□ Inspection

□Energy conservation and/or efficiency requirements □Pricing

□Unique handling and/or disposal requirements

□ Laws/Regulations unique to the item

□Use ofrecovered and/or recycled materials

□Other (explain why on an attachment)

D. Market Price

□Acceptance Terms

■ Maintenance Support

The Government cost estimated (show explanation on the Independent Government Cost Estimate (IGCE)) is $245,330.44. The apparent fair market value based on the research and attached documents (i.e., quotes, catalog pricing, etc.) is $245,330.44.

E. DOL IDIO or BPA After considering different methods to acquire these [goods or services], as well as a consideration of competition, the Contracting Officer determined that an order against existing [ID/IQ or BPA] [insert BPA number] was in DOL's best interest. For additional details, please see the acquisition plan for the basic award.

X. Recommendation/Comments

This acquisition will be a sole source requirement.

XI. Concurrence

Required by both the Requester and Contracting Officer.

Requester: Contracting Officer:

Matthew Fenlock Name Name

Supervisory Physical Scientist Title

412 386-6202 Phone Number

F enlock.matthew@dol.gov Email Address b

� ��c__ Signature

Date

Title

Phone Number

Email Address

Signature

Date

This page is to be used for any information required in accordance with above.

#3. Does Not Meet the Commercial Item/Service Definition:

a.

b.

Other information peitinent to the Market Research:

Acquisition Plan (Procurements Exceeding the Micro-Purchase Threshold up to $700K

AND

Orders against DOL ID/IQs and BP As)

Pro.iect Title: Cubix Service Agreement Solicitation #:

Procurement Office: Program Office: MSHA Technical Support, CS Name & Phone Number: Dust Division CO Name & Phone Number: Program Office POC Name & Phone Number:

Matthew Fenlock (412) 386-6202 Estimated Contract Value: $245,330.44

I. Brief Description of Requirement (including the period of performance and delivery schedule):

The U.S. Department of Labor, Mine Safety and Health Administration (MSHA) is responsible for enforcing health standards promulgated under the authority of Section 103 (a) of the Federal Mine Safety and Health Act of 1977. A national network of MSHA inspectors collects health samples at approximately 10,000 metal/nonmetal (MNM) mines located in the United States and its territories to monitor miners' exposures to hazardous contaminants. Silica samples are analyzed by using validated X-ray diffraction (XRD) analytical methods and citations are issued to mine operators if exposure limits are exceeded. Approximately 5,000+ sample and quality assurance analyses are performed each year on MNM mine dust samples by the MSHA Technical Support Lab. The Pittsburgh Health and Safety Technology Center of the Mine Safety and Health Administration is seeking the services of Malvern Panalytical to maintain and perform scheduled preventive maintenance on the two Cubix X-ray diffractometers and incorporated peripherals used for crystalline silica enforcement analysis. Peripherals include sample changers, Haskris LX2 air-cooled water chillers, and Vertiv GXT4 uninterruptable power supply units.

II. Independent Government Cost Estimate (IGCE) Total: $245,330.44 Base Period: $45 972.00

0 pt ion Period I: _$�4�7�,5�8 �1�.0�2. ___ _ Option Period II: _;$

0=5�6

. 0=2 ___ _

Option Period III: _$�5_0�5_7 _6 �. 7 _6 ___ _ Option Period IV: _$�5'-=2� 1�4 �4

.6�4 ___ _

III. Brief Summary of Contractual History:

The two Cubix diffractometers were purchased in fiscal year 2018. The instruments came with a one year warranty period which is due to expire in March of fiscal year 2020. The instruments were procured using a competitive acquisition approach. The Cubix diffractometers were determined to meet the technical requirements of the government at a fair and reasonable cost. The benefits of having the equipment covered under service contracts include priority service, six month preventative maintenance visits, replacement part supply, and available software upgrades.

IV. Market Research:

For most types of specialized laboratory instrumentation, the ability to service instruments is limited to the manufacturer of the instrument. When a competition is held for the purchase of the instrument, the outcome also determines the provider of service. It may be feasible in future procurement actions to factor in the cost of service in determining the contract award.

V. Proposed Acquisition Approach:

A. Extent of Competition:

[:gl Sole Source* D Competitive D Full & Open D Limited Sources D Orders against DOL

ID/IQ orBPA

*Identify Applicable FAR authority under FAR Subpart 6.3 or 8.4: ______ _

B. Buy American Act: FAR Part 25.101 requires agencies to acquire only domestic end products for public use inside the United States. For construction, the BAA requires that only domestic construction materials be used in construction contracts performed in the United States, FAR 25.201. Results of Market Research were as follows:

� Procurement is for services only.

D Domestic end product(s) have been identified and are anticipated to meet the government's needs.

D This procurement is to be performed outside of the United States.

0An exception applies (select exception):

Exceptions supplies:

□ Public Interest

□ Non-availability

□ Unreasonable Cost

□ Resale ***Not applicable to DOL procurements and should not be selected***

□ Commercial Information Technology Exceptions construction:

□ Impracticable/Public Interest

□ Non-availability

□ Unreasonable Cost

□ Commercial Information Technology

C. Small Business:

DLl-2004 required for actions greater than simplified acquisition threshold (SAT), not applicable for TOs against single award ID/IQs and BP As:

0Yes [gj No: (Provide the projected date to be sent to OSDBU for review/approval)

D Competitive 8(a) D Hub-Zone Sole Source D Hub-Zone Set-Aside 0 EDWOSB Set-Aside

D Sole Source 8(a) 0 100% SB Set-Aside D WOSB Sole Source 0 EDWOSB Sole Source

D. Procedures: (Check all that apply) D FAR 8 Required Sources of Supplies/Services D FAR 12 Commercial Item Procedures [gj FAR 13 Simplified Acquisition Procedures 0 FAR 14 Sealed Bidding D FAR 15 Contracting by Negotiation 0 FAR 36 A&E and Design Build D FAR 37 Service Contracting

E. Contracting Method

0 SDVOSB Set-Aside 0 SDVOSB Sole Source 0 WOSB Set-Aside 0 Other (Specify) 0 N/A

0 IFB O Competitive RFQ/RFP [gj Sole Source RFQ/RFP D Other (Fill-in) ___ _

F. Basis of Award:

D Responsive, responsible bidder, considering only price and price related factors (FAR

Part 14) 0 Full Tradeoff (FTO) D · Performance Price Trade-Off (PPTO) Procedures, without technical factors D Performance Price Trade-Off (PPTO) Procedures, with technical factors (list factors below):

[gj Lowest Price Technically Acceptable Procedures (LPTA)** D Other (explain): ____________________ _

G.Contract Type (Check all that apply) (FAR 16):

[gj Fixed Price (FP) (Specify Type):

D Cost-Reimbursement (CF) (Specify Type:

D Award Fee (AF) D Time and Material/Labor Hour Agreements (TM/LH) D Indefinite Delivery Contract (IDC) D Blanket Purchase Agreement (FAR Part 8) D Blanket Purchase Agreement (FAR Part 13) D Other (Specify): ____________________ _

VI. Major Projected Milestone Dates:

*DLl-2004 Completed and Signed by OSDBU

Planned Actual

(*Greater than the SAT not applicable for TOs against single award ID/IQs and BP As)

*Posting of Intent to Sole Source on FBO (*if applicable)

PRB (*if applicable)

Purchase Request Received

Purchase Request Accepted

* J & A I LSJ (*if applicable)

*Competition Advocate Approval (*if applicable)

Request for Quote/Request for Proposal

Quote/Proposal Received

Price Reasonableness Determined

Contractor Responsibility Determination

Negotiations Begin

Negotiations Completed

Award Made:

VII. Coordination/ Approval:

Matthew Fenlock Contracting Officer's Representative/Program Office POC 412-386-6499 fenlock.matthew@dol.gov

*Office of Small and Disadvantaged Business Utilization (OSDBU) Date

(*If requirement is greater than the SAT, not applicable for TOs against single award ID/IQs and BPAs)

John Doe Contract Specialist 202-693-0002 doe.john@dol.gov

Jane Doe Contracting Officer 202-693-0003 doe.jane.2@dol.gov

Gundeep Ahluwalia Chief Information Officer

202-693-4446

Ahluwalia.Gundeep@dol.gov

*Carl Campbell Advocate for Competition Chief Procurement Officer 202-693-7246 campbell.carl.@dol.gov

Date

Date

Date

Date

(* Applicable for non-competitive orders against existing DOL ID/IQs and BP As where fair opportunity was not provided)

**Head of Contracting Activity Date Director of Procurement Policy (for OASAM Procurements) (**Applicable when LPT A is used as the Basis for A ward, for actions greater than the SAT)