Justification_Approval for Other Than Full and Open Competition - 20153144_Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition for contracts above the Simplified Acquisition Threshold (SAT)

Version 4.0 April 2024

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and Contracting Activity.

Department of Homeland Security, Customs and Border Protection, Office of Acquisition, Mission Support Contracting Division- West on behalf of Laboratory and Scientific Services Directorate (LSS), New York Laboratory proposed to enter into a contract on a bases other than full & open competition.

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

CBP has a requirement on a sole source basis to obtain a replacement x-ray diffractometer (XRD) system, which is a system that utilizes a non-destructive chemistry technique for qualification and quantification of organic and inorganic samples to determine the crystal structure and crystal structure of those unknown compounds.

3. Description of Supplies/Services.

The acquisition is acquiring a replacement to the current Empyrean XRD located in the New York laboratory, which is necessary for determinations of quota and trade enforcement of various commodities. This equipment is mission critical indetermination of several antidumping/countervailing duty orders, including quartz surface products (A-570-084, C- 570-085), ceramic tile products (A-570-108 and C-533-929), and magnesia carbon bricks (A- 570-954, C-570-955).

The proposed contractor for this acquisition:

Malvern Panalytical 2400 Computer Drive, Suite 201 Westborough, MA 01581

UEI: YYDEKQG2AR67

4. Identification of Statutory Authority Permitting Other Than Full and Open

Competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

Justification and Approval For Other Than Full and Open Competition for contracts above the Simplified Acquisition Threshold (SAT)

Version 4.0 April 2024

T the use of a Malvern Panalytical Empyrean XRDs to enforce substantial trade orders involving importation of various commodities. This equipment is mission critical in determination of several antidumping/countervailing duty orders, including quartz surface products (A-570-084, C-570-085), ceramic tile products (A-570-108 and C-533-929), and magnesia carbon bricks (A-570-954, C-570-955). Additionally, the data provided by this instrument allows for the appropriate classification and to counter misclassifications and duty evasions by deceitful importers for several other commodities as well as for identification of controlled substances.

Currently the LSS NY laboratory is an ISO17025 accredited laboratory and as such several are implemented, developed, and based on the usage of the Malvern Empyrean XRD system and its associated software.

Acquiring a different XRD system would lead to interoperability delays with current systems, methods, and historical analysis, thereby jeopardizing LSS mission. Acquiring a different XRD system would also unduly cost the government additional resources (labor and financial) by:

Time and labor developing, implementing, and requiring new training on a different instrument for analytical staff;

Time and labor developing, implementing, and requiring new training on different software for analytical staff;

Time and labor developing, implementing, and requiring new training on a different sample preparation procedure for analytical staff, including determination of suitability for proper sample identification;

Time and labor developing, implementing, and requiring new development on a new sample preparation procedure for analytical staff;

management system to account for introduction of the new equipment on a method that for any differences between the two systems;

factor differing machinery pieces;

Time required to conduct analysis to ensure alternate systems are compatible with current and existing software analysis/software cross-compatibility between systems;

Time and labor developing, implementing, and requiring a validation of new instrument;

Researching and evaluating proper crossover and translatability of analytical data from the old model to the new model;

Time and labor developing, implementing, and requiring creation of new method validation for both instruments; and

Justification and Approval For Other Than Full and Open Competition for contracts above the Simplified Acquisition Threshold (SAT)

Version 4.0 April 2024

Costs of time and supplies purchasing and managing inventory for a new system with unique consumables.

In order to ensure continuity and continued service in the LSS NY laboratory; and to ensure best interest to acquire the Malvern Panalytical Empyrean XRD. No known distributors exist.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

CBP will publish this J&A on the Governments Point of Entry (GPE) upon approval indicating its intent to issue a sole source contract for reasons explained under paragraph five

(5) as required subpart 5.102(a).

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the market research conducted and any prior pricing or acquisition history for the same or similar product, which there appears to be previous delivery orders to various laboratories throughout the federal government.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The leased building has several electrical modifications in place specifically implemented to for the Malvern Empyrean XRD. Acquisition of a different unit would result in additional costs associated with rewiring of existing electrical structures and new services to implement a new/different system, largely offsetting any potential cost savings through the competitive process.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

None.

Justification and Approval For Other Than Full and Open Competition for contracts above the Simplified Acquisition Threshold (SAT)

Version 4.0 April 2024

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 Supplies or Services Required.

CBP has a need for an equipment item that is only suitable to one source for the reasons mentioned above. In future the LSS NY lab will look into interoperability and requirements suitability between differing vendors. CBP will also keep abreast of alternative solutions and rehaul of several established workflows/processes.

13. Posting Requirement. CBP will post this requirement on FedBizOpps pursuant to FAR 6.305.

14. REQUISITION/PROGRAM OFFICE CERTIFICATION

needs and contains complete information necessary to support the action described in this document and the authority cited.

15. CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.