JOFOC - GC Agilent.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(Brand Name)

IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity Customer Agency

U. S. Department of Labor U. S. Department of Labor OASAM/OSPE Mine Safety and Health Administration CAS Division 4 Technical Support PSHTC-NADL 200 Constitution Avenue, NW Attn: Terry Montgomery Washington, DC 20210 1303 Airport Road

Beaver, WV 25813

NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is to obtain approval to purchase an Agilent Model 8890A Gas Chromatograph (GC)

DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY�S

NEEDS (Including the Estimated Value):

This requirement is for the purchase of a GC to perform analysis of permanent gases, including hydrogen, argon/oxygen, nitrogen, methane, carbon monoxide, and carbon dioxide, via Flame

Ionization Detector (FID) and dual Thermal Conductivity Detectors (TCDs) on argon and helium carrier gases.

AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION:

The authority for this requirement is in accordance with FAR 13.106-1(b)(1)(ii) Soliciting from a single source.

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR�S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUSITION REQUIRES USE OF THE

AUTHORITY CITED:

This requirement is for one Agilent (Model 8890A) GC for MSHA�s Technical Support National Air and Dust Laboratory (NADL) to be used for laboratory analysis of MSHA Enforcement 10-gas mine atmospheric samples.

The analysis of mine gas samples is critical to the health and safety of the nation�s miners and MSHA inspection personnel. By measuring the concentrations of various gasses contained in the collected samples, MSHA gains valuable insight into the events and conditions occurring in the mine environment. The equipment may also be used for in-lab emergency analysis of samples taken during a mine fire or explosion, following an injury or fatality where the quality of the mine atmosphere may be in question, or other mine emergency event.

J&A DOL 22-47

All of the GCs utilized in Technical Support�s laboratories and mobile laboratories are Agilent instruments utilizing OpenLab�s ChemStation software. These GCs will not operate on a different software platform, and MSHA chemists and technicians are not trained on different instrumentation.

Extensive training and field experience would be required to become proficient in the operation of a different type of GC and accompanying software.

Inconsistencies in instrumentation software will significantly increase the burden of training personnel and the potential for operator error. Due to the critical nature of our work, Technical Support must maintain consistency in the software platform used by the operators.

Chemstation software is tested and compatible with MSHA�s network. Significant testing would be required to determine compatibility of other software platforms with MSHA�s network.

Agilent GCs provide the specialized equipment and service needed to meet the goals of MSHA;

therefore, Custom Solutions Group (CSG) is the only known source that can provide the necessary customization required for GC analysis of mine gas samples.

5. 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:

N/A

6. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNEMENT WILL BE FAIR AND REASONABLE:

A determination of fair and reasonable pricing will be made by the Contracting Officer prior to award.

7. A DESCRIPTION OF MARKET RESEARCH CONDUCTED (PART 10) AND THE RESULTS

OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research was conducted and yielded no vendors who are capable of providing the customization required. Agilent GCs provide the specialized equipment and service needed to meet the goals of MSHA, and Custom Solutions Group reliably provides the necessary customization required for GC analysis of mine gas samples.

8. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION:

None.

9. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION:

N/A

10. 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.

11. 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: Date:

Name: Stanley J Michalek Title: Acting Chief, PS&HTC

CONTRACTING OFFICER CERTIFICATION:

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

Signature: Date:

Name: Karen A. Corporal

Title: Contracting Officer

STANLEY

MICHALEK

Digitally signed by

STANLEY MICHALEK

Date: 2022.08.19 12:00:20 -04'00'

8/19/2022

KAREN

CORPOR

AL

Digitally signed by

KAREN

CORPORAL

Date: 2022.08.19 13:03:36 -04'00'

8/19/2022