FBO_J&A_for_Gas_Chromatography.pdf

JUSTIFICATION AND A.I)j'ROVAL (J&A)

FOR OTHER THAN FULL ANI) OPI':N COMPETITION

FAR Part 63

I. Identification of the agency and the contracting activity:

INLIRM/OI\PP is conducting this acquisition of other than full and open competitio 1 for four (04) Agilent 'hrornatographySystems on hchalfofIbll.zlvlcxico City lor the Government ofMcxicos Procuraduria General de la Republica (PGR). The total estimated cost is $956,730.00.

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

This is <I firm-fixed price new purchase order to purchase lour (04) Agilcnt chromatography systems.

3. A descr-iption of the supplies ()f' services required ('0 meet the Oepartment's needs.

The requirement is to provide four (04) Agilent chromatography systems (two (02) with mass spectrograph and two (02) with FID and warming zones) for delivery in INLIMexico City at a total estimated cost of $956.730.00.

• A two-year maintcnanc plan, warranty. technical/training support shall be included and be in Spanish --- applicable in Mcxi '0.

• Contractor shall provide training to ten (10) PGR personnel for each unit I rocurcd. Traininu shall be delivered in Spanish in four (04) locations as identified bv the I L'Mcxico City team.

4. An identification of the statutory authority permitting other Hum full and open competition. This acquisition is conducted under the authority ofI] US. C 330-1.as implemented by /4AR 6.3 and substantiated by thefollowing:

!2l FI\R 6.302-1 - Only one rcsponsibl source and no other supplies or services v ill satisfy agency requirements.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the action require use of the autbority cited.

On January 17,2018 the Co ernmcnt of Mexico (GOM) signed a Jell er ourlining PGR's countrywide analysis mctbodolog under the system of Quality Management 17025 developed specifically 1'01' Agilcnt equipment. Along with this. Agilcnt equipment has specific patented characteristics and methods needed by POR to maintain compatibility with the equipment PGR already has in place. The PGR forensic laboratories currently use twenty (20) Agilent systems distributed nationwide. The introduction of non-Agilent technology docs 110t conform to POR's nationwide analysis methodology. since Agilent has spcci fie patents incompatible with any other systems. As Agilcnt is the only global manufacturer and authorized. ellcr of this equipment, the equipment must be purchased from Agilcnl.

6. A description of efforts to ensure that offers were solicited from as m~Uly potential SOUI'CCS as is practicable, including whether' a notice was or will be publicized as required by fi'AI~ Subpart 5.2 and, if not, which exception under I'An 5,202 applies.

Since Agilent is the only global manufacturer and authorized seller of this equipment. the quipment must be purchas d from Agilent. therefore it was not possible to solicit from other vendor'. This J&i\ will be posted along with the solicitation, pCI' the requirements of FAR 5.102(a) (6).

7. A determination by the ordering activity Contracting Officer that the anticipated cost to the Government is fair and reasonable, The requesting office conducted market research for similar equipment and the results indicatc the prices are reasonable.

8. A description of the market survey conducted (see Part 10) and the results 01' a statement of the reasons a marker survey was not conducted.

After conducting internet and open-source market research, it was determined Agilent is the only company whose equipment has the patented characteristics and methods required by PGR' s analysis methodology (US patent 6.765,215; {rs patent 6.608J IX; US patent 5.298.74:; US Patent 5,9R7,95) and {)S patent 6.153,438).

As part of the market research, Agilcnt Technologies was contacted to obtai n equipment specifications and functionalitics. Research was conducted through phone calls, internet searches and ernails where Agilent POCs provided brochures. information and estimated costs of the chromatography systems. As a result of the market research, it was found Agilent Technologies i. the only authorized seller/distributor of equipment of this brand ..

which includes the US patents required by POrt Also. Agilent is the only authorized seller (0 c port equipment to Mexico.

9. Any other facts supporting the use of' this justificarien.

In 2017. the Market Research Directorate, an agency that forms part or PCiR's General Directorate of Material Resources and General. crviccs of this Institution (DGRMS(j, in Spanish) carried out a market-rescarch study via the Government System known as 'Cornprablet', and it was round Agilcnt Technologies, Mexico. S. de R.L. de C.V .. is the only subsidiar : authorized ill Me, ico with exclusivity rights to sell and distribute this equipment.

The official letter from peJR provides additional support for this justification an I states no other brand can fulfill their requirements.

10. A listing of any sources that expressed a written interest in the acquisition.

n/a

11. A statement of the actions, if any, the agency may take to remove or overcome ""Y barrlers tn competition before any subsequent acquisition for the supplies or services required.

n/a