Limiting Competition_ Redacted.pdf

Control No: 20-RHCO-C-434

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Regional Health Contracting Office-Central, 3160 McIndoe, Bldg 1103, JBSA Fort Sam Houston TX

2. Description of Action: Dugway Proving Grounds and Toole Army Depot Industrial Hygiene section is requesting a firm-fixed price contract for chemical analysis of air, wipe and bulk samples for analysis of personnel exposure assessments. ALS additionally provides same day media availability for sampling. This service is essential for time and temperature sensitive samples and emergency/rush analysis. Period of performance: 1 Sept 2020 – 31 Aug 2021, plus 4 option years.

Nature: New Requirement XX Follow-on Requirement

Contract Vehicle: XX Purchase Order Number 0011511833_______ 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: XX Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

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

FY: 2020

Name of Proposed Contractor(s) and Address:

ALS Group USA, Corp.

960 LeVoy Dr.

Salt Lake City, UT 84123 801-266-7700

Brand Name Buy: XX Yes No

3. Description of Services or Supplies: Non-personal contract for chemical analysis of air, wipe and bulk samples for analysis of personnel exposure assessments.

Base Period: 1 Sept 2020 to 31 Aug 2021 Value: $16,000.00 Option Year 1: 1 Sept 2021 to 31 Aug 2022 Value: $16,000.00 Option Year 2: 1 Sept 2022 to 31 Aug 2023 Value: $16,000.00 Option Year 3: 1 Sept 2023 to 31 Aug 2024 Value: $16,000.00 Option Year 4: 1 Sept 2024 to 31 Aug 2025 Value: $16,000.00

Total Value: $80,000.00

4. Authority:

XX 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.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. There are only two American Industrial Hygiene Association (AIHA) accredited labs in the state of Utah that are available to the public, ALS Group USA Corp and Dixon Information. Dixon Information is a specialized lab that only performs asbestos analysis; they do not perform any chemical analysis. ALS Environmental is the only lab in the state of Utah that performs chemical analysis that is available to the public, which is accredited through AIHA. The close proximity of Tooele Army Depot (43 mile distance) and Dugway Proving Grounds (100 mile distance) to ALS Environmental allows for same day delivery of samples which is essential for time and temperature sensitive samples.

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, XX apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $250K, no posting required

Action is a brand name restriction, under $25K, no posting required XX Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: A review of the American Industrial Hygiene Association (AIHA) accreditation list for chemical analysis labs showed that ALS Group USA Corp is the only lab in the state of Utah that can perform the required analysis. The next nearest labs that are accredited are in the state of Colorado and Arizona, which require shipping of samples. Shipment of time and temperature sensitive media, through FedEx and UPS, to labs outside the state does not secure the chain-of-custody and the expense to ensure temperature control increases the cost of analysis, making ALS Environmental the only option within the state of Utah. Industrial Hygiene regularly checks the AIHA accreditation page at www.AIHA.org website to check if any new labs in the state of Utah have become accredited

8. Other Facts:

a. Procurement History: This is a follow on requirement. The previous contract W81K00-17-P-0601 was awarded to ALS Group USA Corp. and it was for Laboratory Analysis Services. This current contract expires 31 August 2020.

b. A Notice of Intent to Sole Source will be posted to Beta.Sam.gov for seven days.

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.

Typed Name:

Date:

Title:

Signature:

6/24/2020

X Right-Click "Signature Setup"

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon IGCE.

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.

Typed Name: Emerita Torres Date:

Title: Contracting Officer

Signature:

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TORRES.EM

ERITA.1017

361771

Digitally signed by

TORRES.EMERITA.10

17361771 Date: 2020.06.25 08:01:34 -05'00'