MX908__Sole_Source_J&_A_.pdf

Justification for Other Than Full and Open Competition

PURSUANT TO FAR 6.302-1

“Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements.”

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition”.

USDA Forest Service

Pacific Southwest Region (Region 5)

(2) Nature and/or description of the action being approved.

Sole source acquisition of three (3) MX908, handheld mass spec chemical detection system for gas/ vapor, liquids and solids. Includes 3 years of warranty and support and on-site training (for 30 people), accessories and supplies.

Proposed Vendor:

908 Devices Inc.

645 Summer Street

Boston, MA 02210

P: (857) 254-1500 www.908devices.com

(3) A description of the supplies or services required to meet the agency's needs.

Forest Service Law Enforcement and Investigations must be able to identify chemical hazard threats to its officers when conducting drug enforcement operations at illegal marijuana cultivation sites on National Forest System lands.

Drug trafficking organizations utilize a variety of highly hazardous pesticides and chemicals at illegal marijuana cultivation sites and the rapid and field detection of hazardous chemical threats is essential to the safety of Forest Service employees.

The Agency currently does not possess any hand-held standalone instrument that has been proven to be able to detect and identify hazardous materials and chemical contamination in the field. The MX908 is the only field portable hand-held detection instrument capable of sampling air, surface and aqueous samples that uses high-pressure mass spectrometry™ (HPMS) technology. This technology allows the MX908 to selectively detect and identify low-concentrations of hazardous chemicals and drugs in real time in a variety of media (soil, plants, articles and personnel).

Use of field-deployable mass spectrometry instrumentation will increase officer and staff safety. It will also mitigate the potential spread of contamination by providing the field capability to confirm personnel and equipment decontamination.

Cost for all accessories, training, and three devices is $240,239.16.

(4) An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 253(c)(1) – provides the authority to award without competition.

41 U.S.C 3304 – provides the authority to use of noncompetitive procedures

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Forest Service Law Enforcement and Investigations is requesting the purchase of an instrument with an accompanying service and support contract for the 908 Devices

Inc. MX908 standalone mass spectrometry instrument. The instrument is the only hand-portable mass spectrometer on the market capable of sampling air, surface and aqueous samples that uses high-pressure mass spectrometry™ (HPMS) technology.

The MX908 is capable of selectively detecting and identifying trace level (vapor samples in the 10s of ppbv and 10s of ng with solid/swab samples) concentrations of hazardous chemicals in the field in real time.

The MX908 is light weight (<10 lbs.) and can easily be carried into the field to remote sites on national forests. The unit has a chemical library which can be expanded to include future chemical threats which may be encountered in the field.

908 Devices Inc. is the sole manufacturer and distributor of the MX908 and neither authorizes nor licenses any third-party entity to provide services for this product.

The device is serviced and supported solely by the manufacturer, 908 Devices Inc.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a CBD notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under

5.202 applies.

The USDA Forest Service will publicize this Sole Source Justification on

FedBizOpps.gov. 908 Devices Inc. also confirmed that they have two resale partners, Federal Resources and Fisher Scientific. Federal Resources does not include new user training under their GSA contract or the device model required by the Forest Service. Fisher Scientific does include training under their Schedule 84 contract however their pricing is higher than 908 Devices.

(7) A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

Before awarding a contract, the Contracting Officer will perform a price analysis in accordance with FAR 15-804-2 (a)-(e).

(8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted of available technologies for hand-portable chemical detection and analysis equipment. It was determined that a hand-portable mass spectrometer is the only type of device currently available which would meet agency operational needs for real time detection and analysis at remote sites of a variety of hazardous chemicals. Other available devices, such as Raman and FTIR instruments, do not have the sensitivity and chemical detection and analysis capabilities of the MX908 2nd Generation Handheld Mass Spectrometer. 908

Devices Inc. is the manufacturer and sole source provider of the required MX908

2nd Generation Handheld Mass Spectrometer chemical identification system. As mentioned in section 6, there are two resale partners that carry some 908 devices but at higher cost or do not provide training or specific model device required.

(9) Any other facts supporting the use of other than full and open competition, such as;(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

See Sections 3 and 5 above.

(10) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The USDA Forest Service will continue to perform market research to identify other potential technologies and potential sources on subsequent acquisitions.

(11) Contracting Officer Certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Requestor:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.