LSJ Agilent CrossLab Maintenance_Redacted.pdf

Control No: Gordon-2020-5 Agilent Technologies, Inc.

Agilent CrossLab

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR 8.405-6 LIMITED SOURCES JUSTIFICATION

UNDER THE GENERAL SERVICES ADMINISTRATION

FEDERAL SUPPLY PROGRAM

Program/Equipment: The Defense Forensic Science Center (DFSC) has a mission essential requirement for the purchase of the Agilent CrossLab service plans to perform annual preventative maintenance and service repair for Agilent GC 7890, GCMS 5975, GCMS 5977, ICMPMS 8800, LCMS and LCMS QTOF laboratory instruments. Services include preventative maintenance service, repairs, costs for any replacement parts and supplies, and technical support line.

Authority: Title III of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 251, et. Seq) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6.

Amount:

Prepared by:

Contract Management Specialist (CMS) Date: MAR 20 Email:

Contracting Officer: Jason L. King Contracting Officer Date: xx MAR 20 Email:

Technical:

DFSC Chief of Staff Date: MAR 20 Email:

Requirements:

DFSC Chief of Staff Date: MAR 20 Email:

Reviews: I have reviewed this justification and find it adequate to support limiting competition.

Program Manager:

DFSC Chief of Staff Date: MAR 20 Email:

Signature: (please e-sign)

Legal Counsel:

Typed Name:

DSN:

Signature: (please e-sign)

Agilent CrossLab

Version – March 2017 FOR OFFICIAL USE ONLY

FAR 8.405-6 Limited Sources Justification Under the General Services Administration

Federal Supply Schedule Program

1. Contracting Activity: Mission and Installation Contracting Command (MICC) - Fort Gordon, GA, 271 Heritage Park Lane, Building 35200, Fort Gordon, GA 30905

2. Description of Action: The Defense Forensic Science Center requests a firm-fixed-price delivery order under the General Services Administration (GSA) Federal Supply Schedule (FSS) Program with Agilent Technologies, Inc. 2850 Centerville Road, Wilmington DE 19808. The Government will execute this action against FSS contract GS-07F-0564X. The projected award is March 2020 and fiscal year 2020, funds type Operations and Maintenance, Army funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on contract/order to W9124918P0158. That contract/order was not competed under authority

3. Description of Supplies/Services: The Defense Forensic Science Center has a mission essential requirement for the procurement of the Agilent CROSSLAB service plans to perform annual preventative maintenance and service repair for Agilent GC 7890, GCMS 5975, GCMS 5977, ICMPMS 8800, LCMS and LCMS QTOF laboratory instruments.

Services include preventative maintenance service, repairs, costs for any replacement parts and supplies, and technical support line.

Base Year: , Option Year 1: , Option Year 2:

Total Value: $__

4. Authority Cited: Title III of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 251, et. Seq) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6 and substantiated by the following:

FAR 8.405-6(a)(1)(i)(B). Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

5. Reason for Authority Cited:

a. The Defense Forensic Science Center (DFSC) located at the Gillem Enclave in Georgia, provides forensic laboratory services to the Department of Defense investigative agencies and other Federal law enforcement agencies and overseas contingency operations support. The Agilent CrossLab Maintenance Agreement is

Agilent CrossLab

Version – March 2017 FOR OFFICIAL USE ONLY required to support forensic laboratory accreditation compliance of installed instruments and equipment. (ISO 17025 ANSI-ASQ National Accreditation Board)

b. This maintenance agreement is required for critical laboratory gas chromatographs equipped with single quadrupole mass spectrometer detectors (GC/MS), ICP mass spectrometer (ICPMS), liquid chromatography-mass spectrometry (LC/MS), and Accurate Mass quadrupole time-of-flight (Q-TOF) LC/MS. The accurate performance of these instruments is critical to the forensic mission. Failure to perform repairs to manufacturer’s specifications could result in sub-standard performance of the instrumentation resulting in inaccurate data. Inaccurate data could result in samples not being carried forward for further analysis which otherwise would have. This could then result in an individual on the evidence processed not being identified.

c. Agilent Technologies has indicated that no other personnel outside their organization are trained and certified to perform CrossLab Bronze and CrossLab Silver Services and updates on all components. Agilent Technologies does not authorize any third-party service provider to perform maintenance and repair on their instruments. Agilent Technologies is the only source of computer software, replacement parts and manufacturer authorized service provider for these instruments. Agilent Technologies is the only vendor capable of providing the necessary service inspections to maintain calibration and qualification services required for laboratory ISO accreditation.

d. Impacts.

1) Award of this contract to any third party vendor will result in repair technicians attempting services without accurate or complete technical manuals, maintenance procedures, and access to proprietary software application updates required for this maintaining and calibrating this equipment to manufacturer standards, (ISO 17025 ANSI- ASQ National Accreditation Board).

2) Engineer services from third party vendors would require that should the instrument in question need to be serviced by a Agilent engineer or placed back under service contract with Agilent, the instrument would need to be inspected first by an authorized Agilent field service engineer and preventative maintenance performed at the customers expense, prior to any new maintenance, service or repair.

6. Actions to Increase Competition: DFSC research scientists are continually researching sources of information and services to enable forensic examiners to conduct effective and reliable examinations. Market research consists of internet research, literature reviews, discussions with vendors, and other professional resources attending forensic science and technical conferences and industry events. If DFSC identifies a similar requirement, every effort will be made to compete it to the maximum extent possible.

7. Market Research: Extensive research was conducted (Internet searches, telephonic communications, forensic conference exhibits, electronic communications, and literature searches) to determine the availability of manufacturer authorized warranty maintenance

Agilent CrossLab

Version – March 2017 FOR OFFICIAL USE ONLY and repair programs for these instruments. No alternative vendor including from the GSA Schedule, or the open market is available to provide this service. No other company offers the sale of manufacturer certified warranty maintenance of the proprietary instruments produced by Agilent. Only the Agilent solution was found. The vendor has provided a sole source letter. Agilent Technologies has GSA contract GS- 07F-0564X. The Government will issue a sole source synopsis and address any responses accordingly.

These are the unique salient characteristics for onsite repair and maintenance of the following Agilent instruments:

Annual Agilent CROSSLAB Bronze service for the Agilent GC 7890, GCMS 5975, GCMS 5977, ICMPMS 8800, LCMS and CROSSLAB Silver service for the Agilent LCMS QTOF laboratory instruments, which covers all of the required maintenance outlined in the instrument handbook provided by the instrument manufacturer.

Contract-level preferred response Hardware telephone support Software telephone support Unlimited onsite repair visits (travel & labor) Parts required for repair Consumables/supplies require for repair, including liners, seals, tubing, assemblies, and multipliers Agilent Remote Advisor-Assist and Agilent Remote Advisor Report.

Include two option years for renewal on qualified instruments (see individual quotes for option years).

8. Other Facts:

a. Procurement History

Contract: W91249-18-P-0158 Contractor: Technical Communities Inc.

Award Date: 27 September 2018 Competitive Status: Small Business Set Aside Authority: FAR Part 19 and 13

Contract: GS07F0564X/W91249-15-F-0053 Contractor: Agilent Technologies Inc.

Award Date: 18 September 2015 Competitive Status: Limited Source Justification / GSA Schedules.

Authority: FAR 8.405-6(a)(1)(i)(B)

Contract: GS07F0564X/W91249-14-F-0104 Contractor: Agilent Technologies Inc.

Award Date: 4 September 2014 Competitive Status: Limited Source Justification / GSA Schedules.

Authority: FAR 8.405-6(a)(1)(i)(B)

Agilent CrossLab

Version – March 2017 FOR OFFICIAL USE ONLY

Contract: GS26F5944A/W911SE-11-F-0002 Contractor: Agilent Technologies Inc.

Award Date: 1 October 2010 Competitive Status: Limited Source Justification / GSA Schedules Authority: FAR 8.405-6(a)(1)(i)(B)

9. 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.

Submitted By:

Position Title (Division Chief or higher): DFSC Chief of Staff

Email address:

Signature: (please e-sign)

Date:

10. 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.

Submitted By:

Position Title (Division Chief or higher): DFSC Chief of Staff

Email address:

Signature: (please e-sign)

Date:

11. Best Value Determination/Fair and Reasonable Cost Determination: I hereby determine that the order represents the best value to the Government in accordance with FAR 8.405-6(c)(2)(v). Additionally, I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis IGCE other: identify the methodology or combination of methodologies that will be used.

Historical Pricing.

Contracting Officer

Agilent CrossLab

Version – March 2017 FOR OFFICIAL USE ONLY

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Jason L. King Date:

Contracting Officer