SOLE_SOURCE_12639518C0092.pdf

USDA, APHIS, MARKETING AND REGULATORY SERVICES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA APHIS PPQ

S&T Miami Laboratory 13601 Old Cutler Rd Coral Gables, FL 33158

Contracting Activity:

USDA APHIS/MRPBS/AAMD

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401

NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Firm Fixed Priced Contract service maintenance agreement on two Gerstel Multi- Purpose Sampler systems at the USDA APHIS PPQ S&T Laboratory in Miami, FL for a period of performance not to exceed five years.

Pricing shall include all costs necessary to accomplish the services in the statement of work (including but not limited to: overhead, general and administrative, profit, insurance, transportation, labor hours, equipment and supplies)

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

2ea GER SC1 ATEX @ $9,648.00 = $19,296.00 2ea GER SC1 DHS @ $2,851.00 = $ 5,702.00 Total dollar amount is $24,998.00 x 5 years = $ 124,990.00

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

Authority 41 U.S.C. 253(c)(1) FAR Part 6.302-1 The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency

Due to proprietary specific systems, the parts needed for repair may only be supplied from the developer of the Multi-Purpose Sampler systems, Gerstel.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE, INCLUDING WHETHER A NOTICE WAS, OR WILL BE,

PUBLICIZED AS REQUIRED BY FEDERAL ACQUISITION REGULATION

(FAR) SUBPART 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202

APPLIES:

Fedbiz Special Sole Source Notice# PR-19-927893 published 09/06/2018 and closed on 09/21/2018

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE, AND THE BASIS FORTHAT DETERMINATION:

Contracting Officer is unable to determine the anticipated cost to the government would be fair and reasonable for the following reason:

According to Company Representative Tim Pence;

1. GERSTEL, Inc. does not publish prices for Service Contracts. This is due in large part because the systems that we sell are very modular and each customers system may be different.

2. All Service Contract pricing provided by GERSTEL is standard based on the customers system. The pricing provided on quote Q0057873 is the same for all customers with the same system configuration.

3. At this time USDA/APHIS/PPQ has no historical pricing data that can be used for comparison.

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (FAR

PART 10) AND THE RESULTS, OR AN EXPLANATION OF THE REASON

MARKET RESEARCH WAS NOT PERFORMED:

Fedbiz Special Sole Source Notice# PR-19-927893 published 09/06/2018 and closed on 09/21/2018

A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITON:

One vendor responded; howerver According to Gerstel representative Tim Pence;

“GERSTEL, Inc does not have any authorized third party or resellers that service GERSTEL equipment in Florida. The REMI Group does not purchase contracts from GERSTEL. They would need to buy parts or service from either GERSTEL or a non-authorized third party or reseller.”