Justification_for_Other_Than_Full_and_Open_Competition.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 41 U.S.C. 253(c)(1).

1. Identification of the agency and contracting activity.

U.S. Environmental Protection Agency, Cincinnati Procurement Operations Division (CPOD), Cincinnati, OH, proposes to enter into a contract on a basis of other than full and open competition for the National Vehicle and Fuel Emissions Laboratory (NVFEL), Ann Arbor, MI.

2. The nature and/or description of the action being approved, i.e., sole source, limited competition, establishment of a new source, etc.

The NVFEL intends to award a contract to Fluke Corporation for the services described in paragraph 3 below. NVFEL has its own Metrology Lab and uses the highest quality equipment and calibrations to ensure the highest quality of data. This contract ensures to meet and exceed the highest quality of data meeting ISO-17025 requirements and using the OEM for calibrations/proprietary software. The contractor will provide a base year and four 1-year option periods.

3. A description of the supplies or services required to meet the agency’s needs.

Renewal of Multi-Client MET/SUPPORT Gold for MET/CAL Plus Calibration Software Support Agreement which includes priority access to telephone tech support; all software upgrades and updates; free access to the procedures in the MET/CAL library; database services for corrupted databases and lost passwords; bi-monthly series of web seminars; disk replacement guarantee; and discounts for training.

Calibration equipment Gold Care Plans include an extended warranty with free repairs and guaranteed turnaround times; pre-paid priority freight on return of instrument; free product updates; discount for product upgrades; priority telephone technical support; and annual ISO-17025 accredited calibration for our equipment.

4. The statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

The Gold Care Plans for the calibration equipment includes extended warranty and repair support for existing EPA Fluke equipment. Fluke has all of the original engineering data and is the only authorized provider of repair and support of the Fluke equipment.

The MET/SUPPORT Gold Software Support Agreement for the MET/CAL Plus Software includes priority telephone support and all software upgrades for the existing EPA Fluke equipment. Only Fluke has the original source code required to provide updates to the MET/CAL Plus Software.

The Fluke hardware and software that EPA owns requires continued service and upgrades to maintain ISO 17025 certification.

5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable.

A sole source FedBizOpps announcement was posted on April 5, 2017 which indicated other potential offerors to submit capability statements to meet the requirements within 15 calendar days. No capability statements from other potential offerors were received. In addition, since this is a renewal, a review of the previous solicitation indicated no other offerors responded to the previous sole source synopsis.

6. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on publication of the price lists from Fluke Corporation for the required software support and warranty and repair support.

7. A description of the market research conducted and the results.

Market research was conducted to make sure Fluke Corporation had not authorized third-party vendors to sell their software support and repair and warranty services. EPA will continue to conduct market research for subsequent similar requirements to determine if viable third-party sources become available.

8. Any other facts supporting the use of other than full and open competition.

The Fluke Equipment that EPA NVFEL has an estimated value of $500,000. This does not include the time and money spent in off-site training provided to three (3) employees to learn how to use the different equipment and software. However, the real value is in the history EPA NVFEL has with the equipment and the calibration standards that are maintained to demonstrate our traceability to national standards. The annual calibrations are utilized to prove all tests accomplished are valid. The process of sending the equipment out for calibration annually is a very important part of meeting our requirements under our ISO-17025 accreditation.

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

No other sources expressed an interest in this contract.

10. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

EPA will continue to conduct market research for subsequent similar requirements to determine if viable third-party sources become available.

Certification

The information contained in this justification for other than full and open competition is certified accurate and complete to the best of my knowledge and belief.

Project Officer:

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.

______/s/______________

Signature

Date

Contracting Officer:

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

_______/s/_____________

Signature

Date

The technical or requirements personnel are required to certify each justification as to its accuracy and completeness. By signing the justification the Contracting Officer certifies that the facts and statements made are accurate and complete