LSJOnly One Source by Brand_Exceeding_SAT_signed Redacted 10022025.pdf

U.S. Customs and Border Protection Limited-Sources Justification (LSJ) FAR 8.405-6

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

LSJ Template > SAT LSJ No.: 20151484

Rev. 6/2021 4- 1 -

Date: September 17, 2025 PR Number: 20151484

This acquisition is conducted under the authority of the Multiple-Award Schedule Program, 41 U.S.C. 152(3), Competitive Procedures, and 40 U.S.C. 501, Services for Executive Agencies.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), Office of Acquisition (OA), Procurement Directorate (PD), Mission Support Contracting Division- West (MSCD-W) on behalf of Laboratories and Scientific Services (LSS) proposes to award an order supported by this Limited Sources Justification pursuant to FAR 8.405-6 (a), Limiting-Sources.

2. Nature and/or description of the action being approved. Describe the action being approved and include the name and address of the proposed contractor(s).

CBP intends to limit the number of sources solicited pursuant to FAR Part 8.405- 6(a)(1)(i)(B), where there is only one source capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. CBP has a requirement for the procurement of four (4) gas chromatograph/mass spectrometer (GC-MS) instruments with accompanying software and accessories. This equipment and technology are all proprietary to the Original Equipment Manufacturer (OEM) from the following contractor:

Agilent Technologies, Inc 2850 Centerville Road Wilmington, DE 19808-1610

UEI: SD9JZ9S7MEA6

3. Description of Supplies/Services. Describe the supplies or services to be acquired. Provide the estimated total value (including options, if any).

CBP LSS requires four (4) proprietary gas chromatograph/mass spectrometer (GC-MS) instruments with software and accessories with an estimated total cost of $460,132.20. The new GC/MS instruments will replace current instruments that are past their end-of-life cycle (5 years) and also add capabilities to newly established laboratories. These instruments will allow LSS to maintain the analysis of samples submitted for suspected controlled substances in a nationwide effort to support law enforcement and operational intelligence. CBP and other agencies rely on the data generated by these instruments to effect seizures of illicit material, prosecute drug traffickers, and spot trends in importations of other drugs and drug precursors. Agilent Technologies provides mass spectral libraries and software that are compatible with older Agilent GC-MS systems currently being used throughout CBP labs.

All CBP Lab GC-MS systems have interchangeable components to allow sharing of

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

LSJ Template > SAT

Rev. 6/2021 4- 2 -resources between laboratories and to facilitate temporary assignments and special operations.

Agilent is the sole provider of MassHunter and ChemStation software. ChemStation is Agilent’s older GC-MS software which has been replaced in newer GC-MS systems by MassHunter. However, Agilent continues to support ChemStation since many laboratories continue using it, including CBP Laboratories. MassHunter and ChemStation both provide advanced algorithms for peak detection, deconvolution, and quantitation, ensuring accurate and reproducible results critical for law enforcement and regulatory compliance. Because LSS labs already rely on Agilent instruments and software and have built a library network around Agilent technologies (including ChemStation in many cases), switching to a different vendor’s software would require significant retraining, revalidation of methods, and potential downtime, which would negatively impact the productivity of LSS. Methods and libraries in ChemStation and MassHunter format would essentially be lost, as equipment from other manufacturers would not be able to utilize them. Using Agilent software and hardware minimizes the impact of bringing new equipment on-line by leveraging existing infrastructure.

4. Authority and supporting rationale.

Only one source is capable of providing the Agilent Technologies 8890 GC/MS 5977C, which is uniquely equipped with the MassHunter and Chemstation software necessary for sequencing, viewing previously acquired data, and transferring scientific methods from older Agilent systems. Pursuant to FAR 8.405-6(a)(1)(i)(B), this limited source justification must be used because the 8890 GC's modular and component capabilities are already in use within CBP LSS, to include all the field laboratories (New York, Savannah, Ashburn, Houston, San Juan, Chicago, Los Angeles, and San Francisco), and approximately 20 small Forward Operation Laboratories (FOL). The Agilent system seamlessly integrates with LSS’s existing GC-MS equipment without requiring additional hardware or software. This is possible because MassHunter software is backwards-compatible with ChemStation and can read files, methods, macros, and libraries from other Agilent GC-MS systems. In order to leverage existing Agilent equipment and retain the ability to access historical data, is crucial that the GC-MS instruments have a data analysis system compatible with MassHunter and Chemstation software, which is proprietary to Agilent Technologies and currently used by LSS staff. Additionally, it is essential that historical data files collected on existing MassHunter and Chemstation software be reviewable on the new system. Without the proprietary software, CBP LSS would be unable to utilize the information produced by the equipment. Accessing information from older systems is necessary because it can take years for investigations and court cases to resolve, and it is often necessary to revisit old data to answer questions about analyzed samples. As older systems are phased out, the new data analysis system will be the only system capable of performing this task. Therefore, only the Agilent Technologies-manufactured GC-MS is acceptable to ensure access of historical data now and in the future.

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

LSJ Template > SAT

Rev. 6/2021 4- 3 -

5. Determination by the ordering activity contracting officer that the anticipated order represents the best value consistent with FAR 8.404(d).

The contracting officer has determined that issuing the proposed delivery order to Agilent Technologies represents the best value to the Government. This was determined by recognizing the difficulty of integrating non-Agilent GC-MS systems into existing laboratory infrastructure and practices. This order will be placed in accordance with FAR 8.404, “Use of Federal Supply Schedules.” The General Services Administration (GSA) has already negotiated fair and reasonable pricing rates. Discounts to these GSA schedule rates will be requested. Additionally, the contractor’s pricing will also be compared to the Independent Government Cost Estimate (IGCE) and historical pricing for similar equipment to determine fair and reasonable pricing.

6. A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

CBP LSS conducted market research in the past year to identify equipment that could provide CBP LSS with an instrument meeting its specifications and criteria for necessary capabilities.

The results of the market research indicated that only Agilent Technologies could provide an instrument with the essential capabilities to perform the required analysis using Chemstation and MassHunter analytical software. Lack of compatibility with existing CBP systems would jeopardize CBP LSS’s ability to conduct critical sample analyses by requiring analysts to learn new software and integrate new reporting software into official laboratory reports, and losing the historical data already collected in the CBP system.

7. Any other facts supporting the justification. Additional facts may be stated in this section. If there are no additional facts, you must state that here.

Prohibitive cost, inefficiency, and loss of historical data would result if it were necessary for CBP to totally replace the existing system/platform used by LSS, rather than merely replacing instruments at their end-of-life cycle and updating with compatible equipment and associated software.

8. A statement of actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration (i.e., limited-sources) before any subsequent acquisition for the supplies or services is made. Include a statement of actions taken or that will be taken to increase competition for future acquisitions of the same item/service (e.g., the government intends to revise overly restrictive technical specifications, acquire data rights, or pursue some other means to increase future competition). Posting requirements may also be addressed here or in #9 below.

Annually, CBP LSS will review the continuing need for instruments to improve the mission by conducting market research to identify changes in the marketplace and any potentially viable competing products which would better serve the needs of the CBP mission without compromising the historical data system already in place.

For orders or BPAs exceeding the Simplified Acquisition Threshold (SAT)

LSJ Template > SAT

Rev. 6/2021 4- 4 -

9. CBP intends to post this requirement on SAM.gov pursuant to FAR 8.405-6(a)(2)(i)

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 8.405-6(c)(2)(x), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for Limited-Source Justification, are accurate and complete.

Digitally signed by MICHAEL P HOULNE Date: 2025.09.24 09:36:06 -07'00'

Michael P. Houlne, Laboratory Director San Francisco Laboratory Laboratory & Scientific Services Directorate

11. Contracting Officer Certification and/or Approval *

Pursuant to FAR 8.405-6(c)(2)(ix), I certify that the Limited-Sources Justification is accurate and complete to the best of my knowledge and belief:

RYAN ANTHONY B

LASTRELLA

Digitally signed by RYAN

ANTHONY B LASTRELLA

Date: 2025.09.24 13:11:25 -07'00'

Ryan Lastrella, Contracting Officer Technology Solution Contracting Branch Office of Acquisition