JA Under SAT Redacted MINICAMs 24P008 28May24.pdf

For All Actions At or Below the Simplified Acquisition Threshold Use for FAR Part 8, FAR Subpart 13.1, or FAR Part 16, Including Brand Name

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Control No: FY24-05

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Apr 2021

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command- Dugway Proving Ground

2. Description of Action: MINICAM Maintenance and Repair

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA# _______ against FSS Contract #_____ _________

Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: RDTE

FY: 24-25

Name of Proposed Contractor(s) and Address:

CMS Research Corporation 2148 Pelham PKWY Bldg 400 Pelham, Alabama 35124-1192, United States

Brand Name Buy: Yes No

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3. Description of Services or Supplies: This requirement is for the diagnostic, maintenance and Repair of various MINICAM instruments that are beyond organizational maintenance capability.

Base Period: 05/06/2024 to 05/05/2025 Value:

1st Option Period: 05/06/2025 to 05/05/2026 Value:

2nd Option Period: 05/06/2026 to 05/05/2027 Value:

3rd Option Period: 05/06/2027 to 05/05/2028 Value:

4th Option Period: 05/06/2028 to 05/05/2029 Value:

Far Clause 05/06/2029 to 12/05/2029 Value:

Total Estimated Value:

The requiring Activity for this requirement is the Dugway Proving Ground (DPG) West Desert Test Center (WDTC) Chemical Test Division (CTD).

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

a. The Chemical Test Division (CTD) has approximately 316 MINICAMS, and the service requested will be used for maintenance and repair of instruments and ensure sufficient instrumentation is operational to support safety air monitoring and to support test referee requirements. If this requirement is not procured it will impact Government’s ability to be in compliance with safety regulations and to referee ongoing and future test of record programs. CMS Research Corporation is the MINICAMS manufacturer and is the only vender that produces such Gas Chromatograph (GC) instrumentation.

b. MINICAMS fulfill two requirements for the CTD. Primary they function as safety air monitors, a mandated requirement for chemical agent testing. They also function as field referee systems to collect test data. MINICAMS units are robust and portable by a single individual. They possess the resolution to differentiate between compounds, and quantity them accurately. They can monitor the very low quantities for both safety and field referee purposes. Technicians without a scientific background can be trained to operate them. MINICAMS units can be retrofitted with varying sample collection components and analyzers to fit different requirements. They work with existing Army software and network infrastructure.

c. If the government does not maintain and repair current MINICAM units, differing units would need to be procured that are not integrated within the current system. The current

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Apr 2021 workforce would need to be trained across two systems. The two systems would interface differently with test equipment, provide different data samples, and mandate that technicians maintain certification on their instruments by demonstrated capability.

This would require them to double the effort needed to maintain this requirement if a second system were introduced.

d. Existing DPG IT personnel would be required to develop a new network and database for new equipment or would have to hire a contractor to provide the services.

If four contractors were hired full-time (40 hrs/week) to develop a network and database, and billed $100/hr each, they would bill the government $16,000 per week together, or $64,000 per month. A six-month labor-only effort would cost nearly $384,000, with hardware being an additional cost.

e. Replacing MINICAM units with new units gives the government the advantage of not needing a new training program; maintaining the availability of existing technical skill;

not needing a new network or database; interoperability between old and new hardware; meeting mandated safety requirements; and meeting customer test quality requirements.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

7. Market Research:

1. Contract history of awarding to CMS on sole source basis and resulting in approx.

100 contracts for MINIMCAM parts, sample lines, MINICAM units, Service, etc. Most all requirements have had a JA document, sources sought announcement and published solicitations, no other company has every submitted an acceptable substitute.

2. In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures Guidance and Information (PGI) 206.302-1(d), a source sought was posted to Contract Opportunities in SAM.gov website on 28 February 2024 for 14 days to seek possible alternate service provider, which may result in potentially another vendor to provided MINICAM maintenance and repair services for DPG WDTC CTD. 1 response was received from CMS Research Corporation with a capability statement of their products.

3. Customer has been aware of the equipment and service requirement for multiple years. Internet searches, trade shows, periodicals, peer to peer conversations, collaborations with White Sands Missile Range, Edgewood Chemical, Yuma Proving Ground have yielded no viable substitutes for MINICAM equipment or services.

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8. Other Facts: DPG WDTC CTD has utilized Minicam sample units for agent and agent simulators for decades. The rarity of the tasks performed and monitored at DPG have limited the market in the variety of offerors of this equipment. Minicams and parts have been purchased as sole source and advertised as such for decades and no other company had proposed a suitable replacement or voice interest in providing an alternate product.

9. Technical/Requirements 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.

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based upon CMS Research Corporation pricing lists and acquisition history. These lists are included in the document folder with fair/reasonable documentation.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.