HEMData_Justification_final_1.pdf

Justification for Other than Full and Open Competition (JOFOC)

(FAR 6.3)

This Justification for Other than Full and Open Competition (JOFOC) 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: US EPA, Office of Acquisitions Management, Washington, DC.

Requisition No.: PR-OAR-23-00169 Contractor: HEM Data Corporation 17320 Twelve Mile Road Southfield, MI 48076

2. Nature and/or description of the action: Purchase order for the supplies and/or services detailed in section 3.

3. Description of the Supplies or Services: Contractor shall furnish all parts, labor, supervision and equipment necessary to provide preventive and remedial maintenance and hardware/software upgrades for the contract period of performance on all EPA-owned HEM Data instrumentation at the U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, Michigan 48105. These activity data loggers are small compact data loggers, that do not interfere with the vehicle operator, and can record the vehicle and engine parameters (on-highway and nonroad) to better understand real-world operations that support EPA’s modeling and regulations.

Estimated total value: Total value estimated to be $700,000.00

4. Authority:

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: The statutory authority permitting other than full and open competition as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1(b), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

EPA has procured numerous small compact activity loggers, Portable Activity Measurement Systems (PAMS), over the years from HEM Data Corporation. The units are used both in the laboratory and in real-world operations to test vehicles (on-highway and nonroad) and engines. Vehicle and engine activity parameters are recorded and analyzed from gasoline, diesels, hybrids and electric engines to support our models and regulations. These units need to be maintained with new firmware and database updates on a regular basis in order to ensure operational use on new vehicle and engine technologies and to maintain the quality of testing results.

HEM Data Corporation Inc. is a small US-owned company and has unique firmware and maintains the PAMS units it produces. HEM Data Corporation is the only known source able to satisfy the Government’s requirement due to the proprietary nature of the equipment. The equipment and software that runs the equipment were designed by HEM Data and they are the only contractor with access to the source codes. In addition, no other contractor knows the inner workings of the equipment and would not be able to reconfigure the equipment to meet EPA testing needs.

6. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable: The Program Office and Contracting Officer reviewed the marketplace and determined there were no other vendors with access to the HEM Data Corporation activity logger (PAMS) unit’s that included the size, capabilities including the source code (firmware) and unique vehicle databases in order to provide remedial and preventive maintenance or upgrades.

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 an 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: The Program Office and Contracting Officer reviewed the marketplace and determined there were no other vendors with access to the HEM Data Corporation activity logger (PAMS) unit’s that included the size, capabilities including the source code (firmware) and unique vehicle databases in order to provide remedial and preventive maintenance or upgrades.

9. Other facts supporting the use of other than full and open competition. As stated above, HEM Data Corporation is the only known source able to satisfy the Government’s requirement due to the proprietary nature of the equipment.

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

No other sources expressed an interest.

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. EPA will continue to monitor the marketplace and discuss with HEM Data regarding providing access to source codes to the industry to enhance competition. However, given the unique nature of this equipment, it is unlikely HEM Data would allow other vendors to modify its proprietary equipment.

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.

4/13/2022

Date ______Carl Fulper__________________________ Carl Fulper, Project Officer U.S. EPA National Vehicle and Fuel Emissions Laboratory Laboratory Operations Division Ann Arbor, MI

Contracting Officer’s Certification:

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

7/1/2022

Hillari Hawkins Date Contracting Officer