Redacted_Limiting-Competition-under-SAT_LabCabinetryFumeHoods.pdf

Control No: ================

Version – February 2017 FOR OFFICIAL USE ONLY

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: U.S Army Contracting Command – New Jersey, Picatinny Arsenal, NJ 07806

2. Description of Action: The Army Combat Capabilities Development Command (CCDC) Armaments Center requested a firm-fixed Priced purchase order with United Hospital Supply Corporation, 4422 Rt 130, Burlington, NJ, 08016-2291, to purchase Laboratory Cabinetry and Fume Hoods for ==================.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______TBD_______________

Blanket Purchase Agreement (BPA) Number _______________

Order/BPA# _______ against FSS Contract #_____ _________

Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours

Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: =========

FY: _============____

Name of Proposed Contractor(s) and Address:

_United Hospital Supply Corporation________________________ _P.O. Box 1238, 4422 Route 130, Burlington, NJ 08016_________ _Phone #: 609-387-7580_________________________________

Brand Name Buy: Yes No

3. Description of Services or Supplies:

The Combat Capabilities Development Command (CCDC) Armament Center requests the purchase ======= laboratory cabinetry and ==== fume hoods for the ========== ================= is currently modernizing their facilities to ==============

======================================================= In alignment with =================================, state-of-the-art laboratory cabinetry and fume hoods are required for ===================================== ========= in a safe, well-ventilated work space. Acquisition of laboratory cabinetry and fume hoods from United Hospital Supply (UHS) Corporation 4422 Rt 130, Burlington, NJ, 08016-2291 are critical to fulfill this mission. The ============================== ==================== already possesses laboratory cabinetry from UHS, and it is essential that the new cabinetry is purchased from the same vendor so that the old and new cabinetry can be combined, rearranged, and interfaced, which will provide flexibility and lower costs. The UHS product design incorporates a multi-flexible concept of being able to change the interior of the casework to any configuration available in their catalog.

==================== possesses Explosion Proof fume hoods from ============ ========== supplied by UHS; these fume hoods meet all of the Picatinny safety requirements to minimize operation hazards, and it is imperative that any new fume hoods also meet the same safety standards and requirements. ====================== ====== requires proper laboratory cabinetry and fume hoods for safe operations and to meet mission requirements.

=================== funding will be used.

An acquisition plan is not required because this effort does not meet the threshold at

Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)B).

The Proposed Contractor United Hospital Supply Corp. (UHS) shall provide the following supplies:

o ====== 29"W Lined acid storage 2-door base cabinet unit o ====== 29"W 2-Door base cabinet unit o ====== Flammable storage cabinet, manual 2-door 30"W X 35-3/4"H X 22"D;

safety-yellow finish/color o ====== 18"W 4-Drawer base cabinet unit o ====== Hinged door corner sink base cabinet unit, 18"W front o ====== 47"W Dead corner base cabinet unit – 4 drawers on left side o ====== 47"W 6-Drawer/1-Door base cabinet unit; door on left side o ====== 47"W 4-Drawer/1-Door base cabinet unit; door on left side o ====== 47"W 4-Drawer/1-Door base cabinet unit; door on right side o ====== 35"W x 30"H Hinged 2-door wall cabinet unit o ====== 30"H Hinged door corner wall cabinet unit o ====== 18"W x 30"H Hinged door wall cabinet unit; hinge left side o ====== 47"W x 18"D Hinged 2-door freestanding tall cabinet unit o ====== 47"W x 24"D Hinged 2-door freestanding tall cabinet unit o ====== Type 304 Stainless steel countertop 96"W X 30"D with 5"H backsplash o ====== Type 304 Stainless steel table assembly 96"W X 30"D X 36"H with 5"H backsplash, three sets of H legs, and two fixed shelves o ====== square feet of Trespa TopLab Plus countertop, 1" thick with 4"H applied curb; black color (Crystal Matte) o ====== Corner strut assembly 35-3/4"H (countertop Support) o ====== Corner wall angle o ====== Column cutout o ====== Drop in sink cutout o ====== Epoxy resin drop-in sink 18" x 15" x 10.8"D (Center Drain) o ====== Stainless steel drip trough 30"Lx2"Dx1"H with 36"L plastic hose drain on right end o ====== Deck mounted mixing faucet with 6" rigid/swing gooseneck o ====== Aerator for Deck mounted mixing faucet o ====== 1-1/2" Resin sink outlet with removable strainer; black color o ====== Service hole cutout less than 3" diameter o ====== Phenolic resin pegboard 30"W X 30"H X 1" with 46 pegs o ====== Front base filler up to 12"W X 35.75"H o ====== Freestander filler o ====== side base filler up to 12"W X 35.75"H o ====== wall angles o ====== 45° Angle cut (applies where corner units are used) o ====== 5'W Protector XL Explosion Proof (EP) Fume Hood with EP light and epoxy countertop. All electrical components including outlets are to be EP.

The contractor shall deliver the laboratory cabinetry and fume hoods on site, set-up in accordance with (IAW) the manufacturer's specifications, and provide basic operator manuals/documentation to the workforce.

o The Contractor shall provide all labor, materials, and supplies necessary to deliver, unload, install, and connect the laboratory cabinetry and fume hoods. This includes personnel protective equipment (PPE) that the contractor personnel must wear to ensure their safety.

o The Contractor shall install the laboratory cabinetry and fume hoods in accordance with applicable Occupational Safety and Health Administration (OSHA) and National Institute for Occupational Safety and Health (NIOSH) regulations.

o The contractor shall include a user manual and/or documentation for the laboratory cabinetry and fume hoods. The manual/documentation shall contain all technical information on the parts, operation, and maintenance.

o The laboratory cabinetry and fume hoods shall be covered under an initial manufacturer’s warranty and/or include on-site repairs.

Period of Performance: ====================================== Total Estimated Value: ===========

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name

FAR 8.405-6(a)(1)(i)(A) Urgency

FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable

FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name

FAR 16.505(b)(2)(i)(A) Urgency

FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The =============================== is ======================== facility where ============================================================= ========================= at Picatinny Arsenal. This facility ============= utilization of proper laboratory cabinetry and fume hoods to provide personnel a safe, well-ventilated work space to ================== fulfill mission requirements.

The product design of the United Hospital Supply Corp. laboratory cabinetry incorporates a multi-flexible concept of changing the interior of the casework to any configuration available in their catalog by ==================; there are =================== drawer assemblies. Every cabinet is designed to accept every configuration of drawers and doors from the UHS catalog; all of the ============================ ===============================================. For example, a door or drawer of one size can be replaced with a door or drawer of another size; in addition, all doors are reversible with a center-mounted handle, and hinges that can be mounted on the left or right side by using a 14g tapped steel plate with preset threaded holes. The other vendors examined in the market research did not have the same cabinetry shapes and dimensions (depth and height), and also possessed different parts that were not precisely interchangeable and therefore did not have the exact multi-flexible concept to match the UHS cabinetry that exists =====================.

==================== possesses Explosion Proof fume hoods from =========== ==========, supplied by United Hospital Supply Corp., that meet all of the Picatinny safety requirements. It is required that the fume hoods installed ================== =========================== meet all Picatinny safety requirements. ========= is essential in =========================; hazards encountered include those from impact, friction, and electrostatic discharge (ESD). Laboratories with a potentially flammable atmosphere must be free of any spark potential; this requirement includes electrical components inside of the hood and also outside of the fume hood airstream.

Explosion-proof fume hoods are to be supplied by the manufacturer without bulbs, switches, wiring, or duplexes. A specially designed EP rated incandescent light fixture must be afforded. Blowers must not be built-in to the fume hood; components must be as remote/separate as possible to reduce hazards in ========================. Any electrical work would be performed on-site at the Government installation by a licensed electrician to meet all state and local codes. Furthermore, the fume hoods need to include waist-high enclosed stationary work-surfaces and front sashes that can be closed to remove fumes/vapors/dust/particulates (and to keep a barrier between the chemicals and the operator, and minimize exposure). A fiberglass-reinforced polyester liner for the hoods is the state of the art in offering fire- and corrosion-resistance to the workspace. The hoods must not be ductless (ductless hoods are self-contained and possess additional filters which could pose an ignition hazard from accumulated dust/particulates) and cannot be on wheels. ================================================== ================ all of these requirements must be met to furnish a safe, well-ventilated, stable, ergonomic, and optimal work environment for the operator and to fulfill mission requirements.

Laboratory cabinetry and fume hoods are manufactured by several vendors. United Hospital Supply Corporation (UHS) is the manufacturer of all existing laboratory cabinetry ===========================, and is the supplier of essential Explosion Proof (EP) fume hoods ============================. It is crucial that any new laboratory cabinetry purchased must be able to interface and be interchanged with the existing cabinetry =================================, and that it must have the same Form, Fit, and Function to ensure that any changes to laboratory configurations (due to changing and evolving program needs, etc.) would have little to no impact =========== ======================================================== and mission needs. The cabinetry dimensions and physical interfacing ability are critical to minimizing operation hazards and program interruptions. Furthermore, the cabinetry dimensions need to match to allow for a stable countertop work surface to be installed for ==== =======================. The fume hoods purchased must be Explosion Proof and must meet all of the Picatinny safety requirements to minimize operation hazards as well.

Only United Hospital Supply Corp. was able to meet the Government requirements and needs ====================== at Picatinny Arsenal, NJ.

Failure to purchase the United Hospital Supply laboratory cabinetry/casework and fume hoods will result in the time-consuming disruption of operations and mission critical tasks, and the strain of excessive costs. One source of time-consuming disruption would be from the loss of labor from =========== EP rated fume hoods and a proper workspace in ====================== to perform work; therefore, the calculated lost labor would be ==========================, until the proper fume hoods and workspace are provided. Another source of time-consuming disruption, in addition to being a source of excessive cost, would stem from the purchase of alternate cabinetry and fume hoods, and then the attempt to execute modifications to meet Picatinny needs, with no guarantee that the modifications would be successful. This source of time-consuming disruption and excessive cost has the following three phases. 1. The time needed to competitively award a contract would be ==============. The cost to purchase the cabinetry and hoods from another vendor would be approximately ================== consists of the following: ======= cabinetry, sink, countertops, and other cabinetry parts; ========== == fume hoods; ======= installation and freight. 2. The time needed to plan the modifications of the alternate cabinetry and hoods would be ================== ================================. The cost would be estimated =========== ======. 3. The time needed to physically accomplish the modifications on ========= ======================================================, would be ==== ===== months for ====================. The cost of this work would be estimated at ===============================================================.

Therefore, the total time-consuming disruption and excessive cost of purchasing alternate cabinetry and fume hoods would be =============================.

The use of mismatched/incompatible/non-interfaced cabinetry and also unsafe/non- Explosive Proof fume hoods will lead to the following workplace hazards, accidents, and failures: trips/bumps and splashes/spills (which would be especially detrimental while the operator ===================================); personnel injuries (e.g. burns, cuts, abrasions, exposure of personnel to toxic chemicals via inhalation/dermal contact if there is inadequate ventilation/airflow, etc.) or fatalities; property/equipment malfunction or damage; and deflagration or detonation events (e.g. electrostatic discharge (ESD) initiation of materials could occur if the fume hood is not Explosion Proof).

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

7. Market Research:

Market research was performed by ===================================== ===============; the research was conducted during ================. The research techniques used were the following: querying Government databases (GSA eBuy website), utilizing Internet tools and performing web searches, and reviewing online vendor catalogs. The ======================== already possesses existing cabinetry/casework and fume hoods from United Hospital Supply Corp. (UHS), including the Protector Fume hoods. It is imperative that the new cabinetry/casework is interchangeable with the existing cabinetry, and that the fume hoods are Explosion Proof for ================================= operations. Therefore, the aim for this procurement package is to procure these essential items via Sole Source method. The required laboratory cabinetry/casework and fume hoods are commercially available and used by Government, Educational, and Commercial entities. The aforementioned items generally come with a standard twelve (12) month manufacturer’s warranty. The items are available directly from the manufacturer or sometimes through third party vendors.

To verify if Sole Source was the correct procurement method, ================ vendors were identified on GSA eBuy/Advantage and assessed via the aforementioned research techniques. The vendors studied were ============================== === of these vendors were small businesses and === of these vendors were large businesses. The market research revealed that =================== on GSA eBuy met the Government requirements for this procurement; each of these vendors sold cabinetry and fume hoods, but their cabinetry was not interchangeable with the existing cabinetry, and their fume hoods did not meet all of the Explosion Proof and safety requirements of the Government. Internet searching and vendor catalogs were used to review the cabinetry/casework and fume hoods offered by United Hospital Supply Corp., which is also a small business, and it was determined that United Hospital Supply Corp.

would be able to provide the necessary cabinetry/casework and fume hoods and meet all of the Government and safety requirements. Attempting to modify the products from the other ==== vendors to try to meet all the Government and safety requirements would result in safety risks to personnel, product failure, and higher cost.

The conclusion from the market research was that only United Hospital Supply Corp. was able to meet the needs of =================== at Picatinny Arsenal, NJ, and that Sole Source would be the correct procurement method to use for this effort.

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: ================== Date: ==============

Title: ================= Signature: ===============

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon a price analysis of proposed prices and the Independent Government Estimate (IGE).

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: ================== Date: ============== Title: ================= Signature: ===============