Fluke_JOFOC_Final_1.pdf

Justification for Other than Full and Open Competition (JOFOC)

(FAR 6.3)

This Justification for Other than Full and Open Competition is pursuant to the policy and authority of FAR 6.301 and 40 U.S.C 3304: Contracting without providing for full and open competition.

1. Agency: EPA National Vehicle and Fuel Emissions Laboratory, Ann Arbor, Michigan Contracting Activity: EPA NVFEL SACO, Ann Arbor, Michigan Requisition No.: PR-OAR-22-00461 Contractor: Fluke Electronics Corporation, 6920 Seaway Blvd., Everett, WA 98203

FED TAX ID: 91-1781222

UEI: YA5LYT9J7TX5

2. Nature and/or description of the action: The National Vehicle and Fuel Emissions Laboratory (NVFEL) located in Ann Arbor, Michigan intends to award a new contract on a limited source basis to Fluke Calibration for Annual IS0-17025 accredited calibration for TATD owned FLUKE equipment and the services described below in Paragraph 3. EPA has its own Metrology lab which calibrates equipment using Fluke instrumentation. EPA is required to meet and maintain ISO 17025 standards to comply with the CFR regulations. The standards used must be traceable to the National Institute of Standards and Technology or an approved National Metrology Institute. Fluke is also the Original Equipment Manufacturer (OEM) and allows for the highest quality of calibration to ensure the highest quality of data is produced. The contractor shall offer an option for extended services as described in Paragraph 3, renewable every year for a period of four years beginning at the end of the initial one year described above.

If an option is not exercised for Extended Calibration services in a certain period, then that option is no longer available for exercise in future years. This is a follow-on requirement to contract EP-17-C-000093 which ends on November 30, 2022.

3. Description of the Supplies or Services: Renewal of Multi-Client MET/SUPPORT Gold for MET/CAL Plus Calibration Software Support Agreement.

Includes the following:

3.1.1. Priority access to telephone tech support

3.1.2. All Software upgrades and updates

3.1.3. Free access to the procedures in the MET/CAL library

3.1.4. Database services for corrupted databases and lost passwords

3.1.5. Bi-monthly series of web seminars

3.1.6. Disk replacement guarantee

3.1.7. Discount for training

3.2.Calibration equipment Gold Care Plans which include

3.2.1. An extended warranty with free repairs and guaranteed

turnaround time

3.2.2. Pre-paid priority freight on return of instrument

3.2.3. Free product updates

3.2.4. Discount for product upgrades

3.2.5. Free repairs for manufacturer defect with expedited

turnaround

3.2.6. Priority telephone technical support

3.2.7. Annual IS0-17025 accredited calibrations for the table below:

Model Model Description Serial Number

MOLBOX1+ A700K molbox1+ Flow Terminal 867+

MOLBOX1+ A350K molbox1+ Flow Terminal 2181

5E1-VCR-V-Q Laminar Flow element 2915+

5E2-VCR-V-Q Laminar Flow element 2935+

5E3-VCR-V-Q Laminar Flow element 2951+

1E4-VCR-V-Q Laminar Flow element 6536

3E4-VCR-V-Q Laminar Flow element 2894

3E4-VCR-V-Q Laminar Flow element 2895

1E1-S Sonic Nozzle Flow element 4132

2E1-S Sonic Nozzle Flow element 4115

5E1-S Sonic Nozzle Flow element 4116

1E2-S Sonic Nozzle Flow element 4114

8508A Reference Multimeter 47034

5500A Multi-Calibrator 6495034

5520A/6 Multi-Calibrator, with 600MHz Scope option 8180014

5522A/1GHz Multi-Calibrator, with 1GHz Scope option 2183901

RPM4 BA100Ks/BA100Ks Barometer, Reference Pressure Monitor 850

PPC4-ui A2Ms/A700Kp Pressure Controller/Calibrator 134

PPC4-ui A2Ms/A700Kp Pressure Controller/Calibrator 766

PPC4-ui A200Ks/BG15Kp Pressure Controller/Calibrator 575

7250LP Pressure Controller/Calibrator 62109

RPM4-A100Kp Barometer, Reference Pressure Monitor 2103

2565 BlackStack Module 2565 A5A306

2560 BlackStack Module 2560 A5A859

1529 CHUB-E4 Standards Thermometer A37420

MET/SUPP-RN GLD5 Renew Multi Client, Met-Track/Met-Team Express Software Support 6996389

PG7601 Piston Gauge 1035

PC-7100/7600-10-L Piston Cylinder Module 1968

PC-7100/7600-20 Piston Cylinder Module 1995

PC-7100/7600-100 Piston Cylinder Module 2006

MS-AMH-38 Mass Set 2847

5522A/1GHZ 120 Multi-Calibrator, with 1GHz Scope option 2183901

5626-12-S Probe 0708

8845A 120V Digit Precision Multimeter 1705004

8845A 120V Digit Precision Multimeter 1793013

742A-1M Resistance Standard 1953003

5628-12-S Secondary Probe 2075

935-14-61 N/A 351180/1

5522A 120 Multi-Product Calibrator 5355901

8588A Reference Multimeter 535978000

8588A Reference Multimeter 535978029

742A-100 Resistance Standard 8129001

5520A Multi-Product Calibrator 8180014

742A-10K Resistance Standard 8219001

742A-1 Resistance Standard 8219002

742A-25 Resistance Standard 8823001

Burns 5608 N/A 921824

1595A Super-Thermometer TBD

5681-S Probe TBD

PPC4 A16KP/BG15KP Pressure Controller/Calibrator 1439

Estimated total value: Total value estimated to be $700,995.91

4. Authority: [Check appropriate exception.]

Exception (* = abbreviated) FAR/U.S.C Authority Cite [x ] Only one responsible source FAR 6.302-1 & 41 U.S.C. 3304(a)(1) [ ] Unusual and Compelling Urgency FAR 6.302-2 & 41 U.S.C. 3304(a)(2) [ ] Industrial Mobilization* FAR 6.302-3 & 41 U.S.C. 3304(a)(3) [ ] International Agreement FAR 6.302-4 & 41 U.S.C. 3304(a)(4) [ ] Authorized or Required by Statute FAR 6.302-5 & 41 U.S.C. 3304(a)(5) [ ] National Security FAR 6.302-6 & 41 U.S.C. 3304(a)(6)

[ ] Public Interest FAR 6.302-7 & 41 U.S.C. 3304(a)(7)

5. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: Market research identified vendors who could potentially provide IS0 17025 calibrations. However, due to the proprietary nature of the calibration software and hardware, Fluke Calibration is the only supplier of software updates, hardware repairs and upgrades to Fluke equipment. This was also confirmed with Fluke support staff.

6. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable: Not applicable. There are vendors that can provide an ISO 17025 calibration. Calibration vendors like Trescal and A & A Calibration, Inc. were contacted to see if they could provide the government’s requirements and they could not.

Efforts were made to obtain existing source lists of potential vendors able to meet the Government’s requirement at trade shows, conferences, and online but due to the OEM propriety hardware and software no other potential vendor could meet the government’s requirements.

7. The contracting officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs using audits, commerciality, previous history, or other appropriate means will be fully utilized prior to award. The anticipated costs have been reviewed and have been determined to be fair and reasonable based on Independent Government Cost Estimate and previous history.

8. Description of the market research conducted (see FAR Part 10). If no market research was conducted, state the reasons: Market research was conducted to see if other vendors could fulfill the Government’s requirements. No vendor could provide the warranty services or software upgrades/support and no vendor could provide ISO 17025 calibration on all the items required for calibration. As stated above, calibration vendors like Trescal and A & A Calibration, Inc. were contacted to see if they could provide the government’s requirements and they could not. Efforts were made to obtain existing source lists of potential vendors able to meet the Government’s requirement at trade shows, conferences, and online but due to the OEM propriety hardware and software no other potential vendor could meet the government’s requirements.

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

9.1 The Gold Care plans for the calibration equipment includes extended warranty and repair support. Only Fluke Calibration has all of the original engineering data that is required to repair this equipment.

9.2 The MET/SUPPORT Gold software support agreement for MET/CAL Plus Software includes priority telephone support and all software upgrades. Only Fluke Calibration has the original source code required to build an update to the MET/CAL Plus Software.

9.3 The hardware and software sited in paragraph 3 that the EPA owns and requires continued service and upgrades on has an estimated value is $950,000. This does not include money and time spent in off-site training for 3 employees. Learning how to use different equipment and software would cost a significant amount of time and money that would exceed 50% of the cost of the equipment.

9.4 For the calibration equipment we currently own, the real value is in the history we have with the equipment on its stability and reliability. When we send out our calibration standards for annual calibration to a higher quality lab we demonstrate our traceability to national standards. We use these annual calibrations to prove that all test done in the last year are valid, If an instrument fails its annual calibration all test performed in the last year have to be reviewed to determine the impact of the failure. The review of past tests can be a very costly especially if we have to redo those tests. Having a history of know performance with our existing equipment adds significant value to the equipment. To have a reliable history it is important that the same lab calibrate the equipment each year to be able to confidently compare year to year results and not introduce a shift in our uncertainties. The process of sending out our calibration standards for annual calibration to a higher quality lab is a very important part of meeting our requirements under our ISO-17025 accreditation.

9.5 The time and money invested in our calibration system make any change uneconomical at this time.

10. List sources that expressed, in writing, an interest in the acquisition. If no sources expressed an interest in writing, indicate such. No sources expressed an interest in writing for this requirement.

11. Include 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. The EPA will continue to conduct market research for subsequent similar requirements to determine if any additional viable sources become available.

Contracting Officer’s Representative Certification:

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate.

Signature Date

Contracting Officer’s Certification:

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

Signature Date

10-27-2022

10-27-2022