LSJ_using_Susans_format.docx

U.S. ENVIRONMENTAL PROTECTION AGENCY

LIMITED SOURCES JUSTIFICATION AND APPROVAL

I. Contracting Activity Fully identify the contracting activity responsible for the proposed contracting action. Include the name/phone number of the Contracting Officer. Specifically identify as a “Limited Sources” Justification. Identify purchase request number, if applicable.

Cincinnati Procurement Operations Division

(Class or Individual)

I certify that the data supporting the recommended use of other than full and open competition for the acquisition of these information technology resources is complete and accurate.

CPOD

November 22, 2013

(Name)

(Office Symbol)

Date Signed

ORD/NERL/ERD

September 20, 2013

(Name)

(Office Symbol)

Date Signed

OGC

(Name)

(Office Symbol)

Date Signed

(Name)

(Office Symbol)

Date Signed

OARM/OAM

(Name)

(Office Symbol)

Date Signed

December 13, 2013

(Name)

(Office Symbol)

Date Signed

*(If order is above Competition Advocate approval threshold, insert title of appropriate approval authority.

II. Nature and/or Description of the Action Being Processed State whether the action is a new order or by modification to an existing order. Identify the GSA schedule number, the Blanket Purchase Agreement (BPA) number, the order number for the current action, and the Contactor(s). Indicate the Period of Performance (PoP). Also identify the type of the order/line items on the order (e.g. Firm Fixed Price, Labor Hour, etc).

The US EPA intends to issue a new delivery order against LECO Corporation's Federal Supply Schedule, GS-24F-7549D. The order will be firm fixed price in nature and require delivery of the Two-Dimensional Gas Chromatograph (GCxGC) interfaced with a Time of Flight Mass Spectrometer (ToF-MS) instrument within 85 days of delivery order award.

III. Description of the Supplies/Services Required To Meet the Agency’s Needs Specifically describe the supplies and/or services to be acquired including the price and quantity of each item in the order and state the total estimated value of the order. For services, state whether the services are performance-based, and if not, provide rationale for not being performance based. Also state the delivery/performance schedule/period for the items under the order.

The item to be procured is a Two-Dimensional Gas Chromatograph (GCxGC) interfaced with a Time of Flight Mass Spectrometer (ToF-MS) complete with computerized software systems for instrument operation and data analysis and reporting. The Agency intends to procure only one of these chromatographs and the estimated price is estimated to be $200,000.00. The instrument is to be delivered within 85 days of award.

IV. Identification of the Justification/Rationale for Limiting Sources and Demonstration of the Contractor’s Unique Qualifications to Provide the Required Supply/Service This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence and the four circumstances of FAR 8.405-6 that justify restricting the number of schedule holders, are provided below. Select the appropriate cite, then provide, in narrative form, a detailed explanation supporting the specific circumstance cited for limiting the number of schedule holders.

(Introductory sentence): FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-. The specific circumstance that justifies restriction for this acquisition is FAR 8.405-6 (b) ( ) (Insert (1), (2), (3), or FAR 8.405-6(a) (2), as applicable).

After selecting the appropriate cite, next select one of the four sentences below and provide a detailed explanation supporting the specific circumstance cited.

FAR 8.405-6 (b) (1), “Only one source is capable of responding due to the unique or specialized nature of the work”. (Provide a detailed justification with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable) FAR 8.405-6 (b)(2), “The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” The original order was not issued under sole source or limited source procedures. (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one. The user/customer typically provides this supporting information. General statements are not acceptable) FAR 8.405-6 (b)(3), “An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable) FAR 8.405-6 (a) (2), “The item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer”.

(Brand name specifications should not be used unless the particular brand name, product or feature is essential to the Government’s requirements. Therefore, explain why the particular brand item is essential to the Government’s requirements, and why other companies’ similar items, or products lacking the particular feature, do not meet, or cannot meet, or cannot be modified to meet, the agency’s need. The user/customer typically provides this supporting information. General statements are not acceptable)

FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1(d). The specific circumstance that justifies the restriction for this acquisition is FAR 8.405-6(a)(1)(i)(B), "Only one source is capable of providing the supplies or services required at the level or quality required because the supplies or services are unique and highly specialized."

Based on personal knowledge, communication with peers, and extensive market research, a limited source procurement is justified for the requested Two-Dimensional Gas Chromatograph (GCxGC) interfaced with a Time of Flight Mass Spectrometer (ToF-MS) complete with computerized software systems for instrument operation and data analysis and reporting from LECO Corporation. This instrument is the only one on the market that can provide the level of separation, resolution, accuracy, sensitivity, throughput, and dynamic range needed to fulfill the research needs of EPA’s Regional and Program Offices.

The requested equipment is needed to greatly enhance the analytical capabilities of researchers in ERD’s CSS National Research Program. The attributes of the requested instrument are of utmost importance for the success of the research efforts in these tasks as it will allow for the routine measurement of and analysis of various emerging environmental compounds as well as endogenous metabolites with very high resolution, accuracy and sensitivity. Furthermore, with traditional GC/MS, hundreds of peaks, representing individual chemicals, are compressed into a typical 60 min analysis. For complex mixtures like environmental and biological samples (i.e. drinking water and metabolomic samples, respectively), many chromatographic peaks co-elute, such that they are ‘hidden’ under other peaks, making it impossible to detect and identify all chemicals present. This new 2-dimensional GCxGC/MS instrument will provide an unprecedented capability not possible with any currently existing instrumentation at ERD. Instead of ~300 peaks visible in a traditional GC/MS analysis, GCxGC allows hundreds (to thousands) of peaks to be detected.

For metabolomics and targeted biochemical analysis, this detection system is necessary for the detailed analysis of endogenous metabolites from a variety of biomatrices (e.g., biofluids, tissues, etc.), including organic extracts and aqueous samples. For drinking water evaluation and exposure assessment, this instrument is needed for the comprehensive qualitative and quantitative analysis of highly toxic halogenated drinking water disinfecting by-products (DBPs) as well as identifying contaminants in surface waters impacted by wastewater effluents.

Results from these instruments will be used to support the elucidation of biochemical pathways perturbed by exposure to complex environmental media (e.g., surface waters) and priority chemicals in support of US EPA program office needs (e.g., exposure reconstruction and biomarker identification). The analytical capabilities provided by the GCxGC/ToF-MS system will directly support an approved integrated transdisciplinary research program in SSWR (2.2.D): Integrated Assessment and Reduction of Contaminant Risks, which involves close collaboration among scientists at NERL, NHEERL, NRMRL, and NCEA.

As mentioned previously, the instrumentation must be capable of high mass resolution, high mass accuracy, and high sensitivity, as well as equipped with a quad-jet, liquid nitrogen cooled thermal modulator. High mass resolution, accuracy, and sensitivity are required for the analysis of biological compounds at low concentrations with similar molecular masses and comprehensive characterization of DBPs and other chemicals in drinking water, and in surface waters impacted by wastewater effluents. Capability for high throughput analysis is also a requirement making true simultaneous operation and data acquisition for GCxGC/ToF-MS analysis critical for this system. This simultaneous operation will maximize information available per analysis by being able to ionize the analytes by either means. Currently, LECO Corporation is the only vendor offering an instrument that fits these requirements.

V. Determination by the Ordering Activity Contracting Officer that the Order Represents the Best Value Consistent with FAR 8.404(d) This section needs to be tailored based upon whether the order is for supplies/services not requiring a statement of work (FAR 8.405-1) or if the order is for services requiring a statement of work (FAR 8.405-2).

For FAR 8.405-1 orders the best value determination needs to be based upon the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! On-line shopping service or by reviewing the catalogs or pricelists of at least three schedule contractors. The ordering Contracting Officer’s review of the Contractor’s pricelist(s) and any price reductions sought is also required. (Contracting Officer should seek additional price discounts/concessions based on the specific order requirements on all orders over the micro-purchase threshold). In addition to price, when determining best value, the ordering activity may consider, among other factors, past performance, special features of the supply or service required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms.

When an order contains brand name specifications, the Contracting Officer shall post the Request for Quote (RFQ) along with the basis of the justification as required by FAR 8.405-6 (post ONLY the basis of the justification, do NOT post the actual Justification and Approval document).

For FAR 8.405-2 orders for services requiring a statement of work, FAR 8.405-2(d) requires that a price evaluation be performed .Therefore, the justification must address how the FAR 8.404(d) requirement for an evaluation of the proposed level of effort and mix of labor will be conducted and include a statement that the Contracting Officer will perform a price reasonableness determination as part of the best value determination.

The Contracting Officer has made the determination that the order represents the Best Value to the Government. Previously, the government procured a similar item under Contract EP-C-12-001. The instrument under that acquisition was priced at $193,220 for the base unit with an additional $4,700.00 in accessories needed for the instrument. The GSA price is similar that provided under EP-C-12-001, which was found to be fair and reasonable.

VI. Description of the Market Research Conducted Among Schedule Holders and the Results Or a Statement of the Reason Market Research Was Not Conducted Discuss market research that was conducted among schedule holders and the market research results that led to the conclusion to go sole source or to limit the number of schedule holders to be solicited. The narrative in this section should provide a high level of confidence that the requirements of 8.405-1 or 8.405-2. If no market research was conducted, state so and provide the rationale.

Based upon the previous requirement conducted under Copntract EP-C-12-001 and the Program Office's knowledge of the market, there are no other known sources that can supply a unit that will meet the Agency's minimum requirements. Contract EP-C-12-001 was originally synopsized in April 2012 on www.fbo.gov. Only one other response was received in response to the request for quotation, but it did not meet the minimum specifications required because it failed to meet multiple critical requirements. The Contracting Office did contact one other potential supplier of these types of devices and that supplier no longer makes these instruments.

VII. Other Facts Supporting the Justification When FAR 8.405-6(b)(2) is cited for an follow-on acquisition as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate, or provide details on why a delay to solicit additional schedule holders would be unacceptable.

Provide any other facts supporting the Limited Sources Justification.

VIII. Actions the Agency May Take to Remove or Overcome Any Barriers that Led to the Restricted Consideration Before Any Subsequent Acquisition For the Supplies or Services Describe all efforts to be to be taken to remove or overcome any barriers that preclude the agency from meeting the requirements of FAR 8.405-1, FAR 8.405-2 before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

The Agency will continue to monitor the market place to determine whether there are other potential sources for this type of instrument.

IX. Contracting Officer’s Certification The contracting officer’s signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

I hereby certify that the justification and supporting data are accurate and complete to the best of my knowledge and belief.

Signature Date

X. Technical/Requirements Personnel’s Certification As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

I hereby certify that the justification and supporting data are accurate and complete to the best of my knowledge and belief.

Signature Date