Limited Source Justification FAR Part 8_Redacted.pdf

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Notice of Intent to award Sole Source - Waters
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W91ZLK23Q0046
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This document summarizes a limited source justification for a sole source contract award. The Combat Capabilities Development Command Chemical Biological Center requires a Waters Xevo G3 Quadrupole Time-of-Flight mass spectrometer with DESI ion source to maintain compatibility with existing government data and methodology. The system must integrate with proprietary MassLynx and Unifi software used for previous research. Market research found Waters to be the exclusive manufacturer of the required DESI technology. The estimated award date is August 2023 using fiscal year 2023 Research and Development funds. The Special Notice at Solicitation Number W91ZLK23Q0046 announces intent to make this sole source award to Waters Corporation.

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CUI//SP-SSEL

Control Number: JA-23-Ten-468

Justification Review Document for Limited Source Justification - FAR Part 8

Program/Equipment: Environmental response program needs to acquire a new 176850063 Xevo G3 Quadrupole Time-of-Flight (QT of) System with DESI TM (Desorption Electrospray Ionization) XS High Performance Source Option for the Combat Capabilities Development Command (CCDC) Chemical Biological Center (CBC)

Authority: 41 United States Code 4106(c) as implemented in Federal Acquisition Regulation 8.405-6(a)(1 )(i)(B), Only one responsible source and no other supplies or services will satisfy agency requirements

Amount:

Prepared by:

Typed Name:

Title: Physical c1en 1s Date: 7/26/2023.

E-mail

DSN:-

Technical ReP, Typed Name: DSN:

Title: CCDC C p em1ca na ysis Physical Properties (CAPP

Date Reviewed: 7/26/2023.!

Requirements Re resentative:

Typed Name: DSN:

Title: Physical c1en IS

Date Reviewed: 07/26/2023.

CUI//SP-SSEL

ranc

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Limited Source Justification – FAR Part 8

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground (ACC- APG), Tenant Division, 6565 Surveillance Loop, Aberdeen Proving Ground, MD 21005-

2. Description of Action: CCDC Chemical Biological Center (CBC), Chemical Analysis Physical Properties Branch (CAPP) requests a Firm-Fixed-Price delivery order under the General Services Administration (GSA) Federal Supply Schedule (FSS) Program with Waters Corporation, 34 Maple St, Milford MA 01757 (Phone: (800) 252 4752. The Government will execute this action against FSS contract no. GS-35F-0119Y. The Government projects award for August 2023 and fiscal year 2023, Research and Development (R&D) funds will be used.

3. Description of Supplies/Services: Instrumentation manufacturer, Waters, shall build, ship to CCDC Chemical Biological Center (CBC) then install a fully integrated system designated Liquid Chromatography Time of Flight Mass Spectrometer (LC Tof MS) with a DESI (Desorption electrospray ionization) source.

Qty 1:

The Waters Xevo G3 Quadrupole Time-of-Flight (QTof) System consists of a Time-of- Flight Mass Spectrometer which combines StepWave™ XS ion optics, XS Collision Cell, and QuanTof technology. System will be equipped with DESI high performance source option to include HD imaging. The instrument is equipped with a high performance Tof mass analyzer with a mass range up to m/z 100,000 and a resolving power of 40,000 FWHM. This package includes the ACQUITY Premier Core System with integrated solvent and sample manager configured for Binary solvent delivery (BSM) and sample introduction via a direct inject sample manager (SM-FTN), the ACQUITY Premier Column Manager and the MassLynx software package. The system also includes a PC workstation, one monitor, uninterrupted power supply, installation, one-year warranty, and maintenance. All items shall be TAA compliant.

176850063 1 Xevo G3 QTof System with the following configuration:

176005121 1 Xevo G3 QTof on MassLynx( 176005220 1 Xevo G3 Dry Backing Pump Option 186010632 1 DESI XS High Performance Source Option 186010634 1 DESI XS Heated Ion Inlet Option 176016033 1 ACQ M-Class microBSM DESI Source Sol Mgr 176005199 1 Xevo G3 QTof Sample kit 186008430 1 MS Ref Stds AIMS Kit 176002525 1 MassLynx Performance Workstation 176002530 1 HD Imaging (Mass Lynx Software Options)

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(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

(2) MassLynx AND Unifi software will allow data exchanges between the new and existing system to take advantage of existing government data. Each vendor uses a proprietary file format.

Failure to purchase the Waters LC Tof MS with DESI source will have a significant impact on the Defense Threat Reduction Agency’s mission to assess fate and technologies associated with chemical weapons. If the Waters product is not procured, the government will have to replace the existing system (Xevo G2) and then acquire a new system at double the cost (1 million dollars). Most importantly there is no replacement for the source that could satisfy this requirement. The Government have already identified the results of not receiving the same information from the nearest technology, identified as matrix-assisted laser desorption/ionization (MALDI) Technologies such as MALDI or imaging mass spectrometry (IMS) are other ways to obtain spatial distribution of compounds or biomolecules and simultaneously detect, quantify them. However, these techniques will destroy the sample and will not allow for further interrogation of the same sample. Failure to permit this purchase and acquire a MALDI instrument is cost prohibitive for our agency, and this agency still will not get a system that meets its requirements.

(3) Key to the selection is the company’s ability to interface and analyze the governments existing data thus providing the government access to years of data generated across numerous programs. The proposed interface to the governments existing data must account for the data software data structure collected on the government’s comparable units.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. The requirement will be solicited for 30 days as a Special Notice on Sam.gov.

a. Effective competition. This requirement is to purchase Sole source, Waters Corporation. Waters has proprietary rights without resellers.

b. Subcontracting competition. N/A, this is a Sole source, proprietary, only one vendor.

7. Actions to Increase Competition: Combat Capabilities Development Command (CCDC) Chemical Biological Center (CBC) will continue to review all emerging advances in this area to foster competition in the acquisition of the subject instrumentation. Waters is the sole proprietor of DESI technology.

It is critical that this technology be required to allow the government to continue utilizing years of research performed on Waters platforms.

Critical to the government requirements, is the need to maintain existing research knowledge which includes methodology and methods created using proprietary MassLynx and Unifi software and method files.

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To repair and maintain the equipment, the government will seek support from small businesses.

8. Market Research: The Federal Government Chemical Sciences Division for the period November 2022 to February 2023 has assembled a team to determine the availability of the LC (liquid chromatograph) Time of Flight (ToF) mass spectrometers of interest to the Research and Technology’s Chemical Analysis Physical Properties Branch (CAPP).

The market survey conducted focusses on Waters due to the Agent Fate program analytical chemistry requirement.

The CAPP did reach out to a series of vendors that had a presence in the conferences and trade shows and had favorable specifications available online to further discuss government requirements. Face to face meetings were conducted with Waters; Agilent; LECO and Markes/Sepsolve representatives during May-June 2022 at GCxGC/ISCC, as well as during the 2023 Pittcon conference.

Four broad area searches were performed through Trade shows such as the

Pittsburg Conference which is held at different location across the United States each year for current Mass Spectroscopy companies was assessed. Second the American Society for Mass Spectroscopy (ASMS) Conference was attended to determine the most commercial Mass spectroscopy company’s current producing the quality of mass spectrometer that address the requirements and are suitable replacements for the existing spectrometer with attention to maintaining the existing repository of data. As a major component of the search, software integration was evaluated to determine if any mass spectroscopy companies’ software platform provided the flexibility to integrate the exist body of data with the new software. Finally, several internet common searches were performed to ascertain what other companies and small business are available that could respond to the government’s requirement which may have been missed by large conference, scientific journal searches and trade magazines, examples are:

LC/GC Chromatography; Journal of American Society for Mass Spectrometry; American Chemical Society (ACS); American- Laboratory; BioProcess International. All the information gathered was follow up with phone calls and demonstrations or site visits to ascertain the best potential candidates.

Waters Corporation were contacted regarding the DESI and LC Tof capabilities. As of October 1, 2019, Waters acquired exclusive rights to DESI technology from Prosolia Inc. and the Purdue Research Foundation.

Queried Government databases (FPDS-NG, PPIRS, CPARS, GSA, Sam.gov, SBA databases, e-Portals in Commerce (e-PIC), Contract Management in Research Tool in sam.gov etc.) that provide relevant information on acquisitions. GSA Contract

#GS-07F-0559X

Used Internet tools and perform Web searches.

Reviewed results of recent market research on similar or identical requirements.

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(Source Selection Information - See FAR 2.101 and 3.104-4)

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2019 Waters Xevo G2 with APCI source purchase Reviewed Federal Supply Schedule contracts, and other Government contracts.

Reviewed trade journals.

Supplemental market research was conducted by the Contracting Office in June

2023. Sources researched include the internet searched utilizing Google, Bing search engines, SBAs Dynamic Small Business search and historical Government contracts.

Waters Corporation is the only manufacturer and supplier of Waters ™ Brand instrumentation, software, supplies, and maintenance services for Waters ™ brand products. These products are available only through Waters Sales Representatives.

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(Source Selection Information - See FAR 2.101 and 3.104-4)

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Contracting Officer Date:

File details come from the government source that posted it. Updated .