Limiting-Competition_Redacted.pdf

Control No: JA-25-Nat-0018

Version – February 2017

Instrument Model # Modules Quantity GCMS 5977 AG-5977APC-C1 Agilent G7040A, 5977A MSD with Performance Turbo Pump, EI/CI

GCMS 5977 AG-7890SXXX-C1 Agilent 7890 GC with single split/splitless inlet. 2 GCMS 5977 AG-7693AINJ-C1 Agilent 7693A, G4513A Autosampler Injector 2 GCMS 5977 TK-AQUA1-C1 Tekmar Aquatek 100 Water only Autosampler 2 GCMS 5977 TK-Lumin-C1 Tekmar Lumin Purge and Trap Concentrator 2

As part of this contract, the vendor shall adhere to the following conditions:

The vendor shall use only Agilent certified and trained engineers to perform repairs and preventative maintenance.

The vendor shall provide, if needed, on-site service within 48 hours after call (excluding weekends and holidays).

The vendor shall provide the Government a direct telephone line for support from an Agilent licensed trained service engineer.

The vendor shall maintain the systems so that they remain in operational condition to perform accurate, verifiable, and repeatable measurement/analysis.

The vendor shall provide one preventative maintenance visit per system, annually, to include all parts, travel, and labor.

The vendor shall use only factory recommended replacement parts in repairs.

The vendor shall provide all needed software updates, and upgrades to the systems.

The vendor shall ensure all systems are in operational condition to deliver accurate, verifiable, and repeatable results the on conclusion of a visit.

The vendor shall provide a certificate of calibration after the preventative maintenance visit for each system as well as a service report after each repair that documents steps taken in the repair and the parts replaced.

The vendor shall provide a service guarantee that a factory authorized escalation of service shall be provided to the Government to resolve difficult problems with the systems, including escalation to the factory’s engineering expertise if necessary.

Agilent Technologies, Inc meets this requirement by covering yearly preventative maintenance, onsite repair visits, factory supplied parts for repair, and software updates and maintenance.

Approximate Pricing:

Base Period: 11/25/2024 to 11/24/2025 Value:

Option Period 1: 11/25/2025 to 11/24/2026 Value:

Option Period 2: 11/25/2026 to 11/24/2027 Value:

Total Contract Value:

Dollars to be Obligated:

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. Market research has determined that Agilent Technologies, Inc is the only source reasonably available. Agilent Technologies, Inc is the sole source for factory-recommended replacement parts, for proprietary software updates, for proprietary factory-recommended upgrades, and for factory engineering escalation services for troubleshooting. There is no other vendor that can provide these unique capabilities to meet the Government’s requirement.

b. Agilent Technologies, Inc is the only acceptable service provider as all the instruments use their proprietary Masshunter software. The GC-MS and LC-MS-MS can only function using that specific software. No other vendor can provide the needed updates or service software issues.

c. The mission will be hindered if this requirement fails to be sole-sourced to Aligent Technologies, Inc. The instruments would become obsolete or non-functional and the cost to replace these systems are over . If these instruments are not covered under a service agreement, individually repairing these instruments as needed would be too costly for the program office budget. If these services are not rendered, the instruments would be decommissioned and DEVCOM would not be able to meet mission-critical objectives.

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 ______________________.

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 $150K, no posting required

Action is a brand name restriction, under $25K, no posting required 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: The market research included calling companies that provide similar service agreements and reviewing prior acquisitions of this requirement for potential vendors. All other potential vendors were determined to be unable to provide the required software updates needed for all instruments or were not responsive to Government inquires. All other vendors are also not able to provide factory authorized parts for all instruments.

8. Other Facts: The service agreement will be with the original equipment manufacturer (OEM), Aligent Technologies, Inc.

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:

Title:

Signature:

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 the independent cost estimate (IGE) and upon historical pricing for similar requirements.

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:

Title:

Signature: