12639519A0043_Agilent_Sole_Source_8.405-6.pdf

JUSTIFICATION FOR LIMITED SOURCES

In accordance with the authority granted under FAR 8.404 – Use of Federal Supply Schedules (g)(2) When an order is awarded or a Blanket Purchase Agreement is established with an estimated value greater than the simplified acquisition threshold and supported by a limited-source justification at 8.405-6(c)

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY:

Requesting Agency:

USDA/APHIS/WS National Wildlife Research Center

USDA/APHIS/WS

4101 La Porte Ave Fort Collins, CO 80521

Contracting Activity:

USDA, APHIS, MRPBS, ASD

250 MARQUETTE AVE

SUITE 410

MINNEAPOLIS MN 55401 – 5806

NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED:

Sole source, Delivery Task Order to Agilent Technologies, Inc. on GSA Contract# GS-07F-0564X. Agilent will provide service and preventative maintenance for the facilities’ Agilent Technologies High Pressure Liquid Chromatography (HPLCs) and Gas Chromatography ( GCs) with associated detectors for the service period 06/01/2019 – 05/31/2023.

A DESCRIPTION OF THE SUPPLIES, EQUIPMENT, OR SERVICES

REQUIRED TO MEET AGENCY NEEDS (INCLUDING THE ESTIMATED

VALUE OF THE ACQUISITION INCLUSIVE OF OPTIONS):

Agilent will provide on-site repair within 3 business days of a services request.

They will provide factory recommended software and firmware updates/upgrades, engineering upgrades and maintenance procedures for all instrumentation and software.

The software will include Open Lab and Masshunter software packages. Agilent will use only OEM and not third party or remanufactured parts. There is no upper limit on the cost for any repair and no further authorization from management is needed to complete a repair request.

Agilent is also offering a Remote Advisor option on some models. This allows on-line tracking of problems and faster diagnosis and responses for repairs.

Remote Advisor supported instruments include:

• Agilent Liquid Chromatography ( LC) models: 1100 and 1200 Infinity Series

• Agilent Gas Chromatography ( GC) models: 6850, 7820A, 7890 Series

• Agilent Liquid Chromatography/Mass Spectrometry ( LCMS) models: single quad

1946, Q-TOF 6140 Series, triple quad 6400 Series

• Agilent Gas Chromatography/Mass Spectrometry (GCMS) models: 5973-5977A Series

• Waters Liquid Chromatography (LC) models: Alliance and Acquity

Remote Advisor is a real-time support and reporting tool that works on Agilent and non-Agilent systems regardless of the controlling software or chromatography data system in use.

Assist: Virtually eliminates trial and error troubleshooting to quickly resolve problems

Reports: Monitor and optimize equipment utilization and effectiveness

Alerts: Prevent downtime and reduce sample re-work with real-time alerts

Agilent is also offering module replacements at no charge for any modules or instruments which cannot be repaired. The USDA/WS Facility in Ft. Collins, CO will be able to ship broken modules to them and they will replace it with the same module free of charge.

The total estimated dollar value is $ 461,370.00 for the period of five years from 06/01/2019 – 05/31/2023

IDENTIFICATION OF THE STATUATORY AUTHORITY PERMITTING

NONCOMPETITIVE ACQUISITIONS:

The authority and supporting rational (see 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 and a demonstration of the proposed contractor's unique qualifications to provide the required supply or service.

To our knowledge the property or services needed are available from only one responsible qualified source at this time and no other type of property or services will satisfy these needs.

As the company which manufactures these instrument, Agilent Technologies is the only company that can provide the software and firmware updates and proprietary factory recommended upgrades and service notes needed.

Only factory certified engineers with access to ongoing factory updates are to be used; proof of training records beyond basic operator training is required. Any training or updated training must be recent (within 1-2 years) and cover all modules of a system.

A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

According to Service Sales Product Specialist Life Sciences & Chemical Analysis

At Agilent Technologies Inc; Agilent does not authorize either of these companies to provide services on Agilent Instrumentation. They do not have current manufacturer’s certified service training on software, hardware, or firmware used in the operation of the instruments.

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

Previous acquisition for Order# . 12639518F0834 . was conducted in accordance with

FAR 8.404.

In accordance with FAR8.404(a)(1), FAR parts 13 and 19 do not apply to orders placed against Federal Supply Schedules. Orders placed against a Multiple Award Schedule (MAS) using the procedures in the subpart, are considered to be issued using full and open competition (see 6.102(d)(3).

5 GSA vendors were solicited on. GSA RFQ939684 and only one responded. However, according to Service Sales Product Specialists Life Sciences & Chemical Analysis at Agilent Technologies Inc;

Agilent Technologies is the OEM for all equipment listed in this requirement for maintenance. In most instances there is at least one other vendor on GSA listing prices to provide these services but the Agilent price is always the same or lower.

Agilent does not authorize companies to provide services on Agilent Instrumentation. They do not have current manufacturer’s certified service training on software, hardware, or firmware used in the operation of the instruments.

If an unauthorized party services Agilent instruments during the warranty periods, the warranties would be voided.

Any other facts supporting the justification.

Agilent Technologies is the OEM for all equipment listed in this requirement for maintenance. Agilent does not authorize companies to provide services on Agilent Instrumentation. Other vendors do not have current manufacturer’s certified service training on software, hardware, or firmware used in the operation of the instruments.

If an unauthorized party services Agilent instruments during the warranty periods, the warranties would be voided.

Price analysis Original order# AG-6395-D-15-0050 Agilent maintenance Service Dates: 11/01/2015 = 10/31/2015 = 1,239.91/mo Folow on extension order AG-6395-D-16-0061 11/01/2015 - 02/29/2016 = 4,249..57/mo + Chemistry 749.92/mo This is a 300% increase over previous price However; items 8,9 & 10 totalling $2,168.04 and Chemistry $749.92 were not on the previous Delivery Order. When you subtract these items from the $4,249.57 you get a total of $1,331.61 which is only an increase of .7%per/mo over the previous maintenance order which is quite reasonable.

A statement of the actions, if any, 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 is made.

See Item#7

The ordering activity contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

*****See Attached Letter from

For justifications under 8.405-6(a)(1), a written determination by the approving official identifying the circumstance that applies.

See item# x

Agilent Technologies, Inc.

2850 Centerville Road Wilmington, DE 19808

800 227 9770 telephone 302 993 8954 facsimile www.agilent.com

5/22/2018

To Carol:

Agilent Technologies, Inc. is the sole equipment manufacturer and ISO 9001-certified source for factory-authorized service for Agilent hardware and software, parts, training, technical support, and at-your-site service and support procedures. Only Agilent service representatives are certified through current and ongoing factory training and hold factory authorization to perform service on Agilent equipment. Agilent does not certify, authorize, or warrant any individuals, third parties, or other equipment manufacturers outside Agilent’s authorized service provider network to provide service or support for any Agilent product. Services performed by providers who are not Agilent factory-authorized could: invalidate Agilent’s warranties, and/or lead to irreparable damage, and/or cause safety hazards. Please be advised that Agilent Customer Education courses do not provide factory-level service training, certification, or authorization. Please contact Agilent if there is a question related to a particular company’s claim to be factory authorized or certified.

Below you will find items in support of Agilent’s position as a sole source service provider for Agilent hardware and software products:

• Agilent is the sole source for factory authorized service from factory trained and certified representatives. Only Agilent representatives and Agilent authorized service providers are able to attend factory training, including update trainings, and to receive ongoing service notes in order to remain certified and authorized. Further, only factory authorized representatives are backed by Agilent’s factory engineering and global product support infrastructure. Current, up-to-date factory training records are available on demand from Agilent covering all specific Agilent instrument models listed on bid or quotation.

• Any former Agilent employee forfeits factory authorization upon termination of Agilent employment.

• Agilent is the sole source of genuine component parts and replacement parts. And, Agilent’s global service parts logistics network manages a $30M+ inventory of parts with greater than 96% on-time service parts delivery performance.

• Agilent is the sole source for proprietary factory recommended software updates/upgrades, engineering upgrades and maintenance procedures.

• Agilent is the exclusive provider of Agilent Remote Advisor, the only platform capable of accessing and monitoring built-in system intelligence from Agilent instruments to provide remote diagnostics and detailed operational reports.

• Agilent is the sole source of Agilent Enterprise Edition qualification procedures and the Agilent Compliance Engine software providing automated, metrology-based compliance testing, documentation and reporting.

• Agilent is the sole contact for escalation to Agilent’s factory for engineering expertise and, if deemed necessary by Agilent, replacement of an entire instrument at no cost while covered by an Agilent service agreement through the Agilent Service Guarantee (available with CrossLab Bronze, Silver or Repair Service. PM Only agreements not included).

Sincerely, Agilent Technologies Life Sciences Chemical Analysis http://www.agilent.com/