Sensidyne - Justification for Name Brand Only_signed.pdf

Justification for Other than Full and Open Competition Department of Labor

1. Identification of the agency and the contracting activity

Contracting activity: Office of the Senior Procurement Executive (OSPE), Office of the Assistant Secretary for Administration and Management (OASAM), 200 Constitution Ave (NW) Suite S-4307, Washington, DC 20210

Customer agency: Occupational Safety and Health Administration (OSHA), Cincinnati Technical Center (CTC) 550 Main St., Rm 8-770, Cincinnati, OH 45202

2. Nature and/or description of the action being approved: To purchase equipment and/or accessories needed at the Cincinnati Technical Center (CTC). CTC needs to purchase the items for the technical equipment repair program to allow for effective and efficient servicing of GilAir Plus Auto Test Fixture. The Center has the institutional knowledge and experience to service the equipment in the Agency’s best behalf, including where appropriate, having necessary repair parts, technical drawings and schematics, calibration systems and procedures.

3. A description of the supplies or services required to meet the agency's needs (including the estimated value including all options).

a. Description – The following items are to be purchased: Quantity of five Sensidyne GilAir Plus Automated Test Fixture air flow panel packages used specifically by Sensidyne to check the sampling pump flow rate under changing loads for only the Sensidyne GilAir Plus sampling pump models. The engineering support at CTC has determined this test fixture can also be utilized not only as a backup for the GilAir Plus pumps performance test, but also for updating the GilAir Plus sampling pumps with changes in firmware.

This Test Fixture 811-0928-US (GilAir Plus Auto Test Fixture No PC US Cord) package contains but is not limited to the following components:

GilAir Plus Automated Test Fixture - 490-0525-00 Power Supply,Hub,Cables and modified DC back - 811-0943-01 Cyclone programmer - 299-0028-01 Programming cable - 490-0524-01 MPLab ICD3 programmer or equivalent - 490-0542-01 Programming fixture - 480-0021-01

b. Estimated Value – The estimated total value of this order is $17,500.00 for quantity of

(5) of 811-0928-US (GilAir Plus Auto Test Fixture No PC US Cord), unit price is $3,500.00.

Control No: LSJ-DOL-20-0013

4. Identification of the statutory authority permitting other than full and open competition.

FAR 6.302-1(c)(1)(i); Only one responsible source and no other supplier or services will satisfy the agency requirements. The required parts are available from only one responsible source. Reference the Statement of Work for additional details.

5. A demonstration that the proposed contractor’s unique qualifications or, the nature of the acquisition, required use of the authority cited.

The items being acquired are all the sole property of Sensidyne, LP. Sensidyne, LP manufacturers the auto test fixtures (ATF’s) and sells them to trained and certified labs in order to properly test and service the Gilair Plus pumps. Moreover, all intellectual property rights pertaining to the required items belong exclusively to Sensidyne, LP.

Sensidyne, LP only sell the ATF’s direct and do not allow distribution or resell of the devices.

The equipment to be purchased is to replace equipment that has been used by OSHA for several years. The current equipment is nearing its life cycle and needs replaced to prevent the possibility of the equipment malfunctioning. The brand name is for specific items that are required for OSHA CTC’s current system. The equipment is essential to the Government’s requirements, and market research indicates other companies’ similar equipment, or equipment lacking the particular features, do not meet, or cannot be modified to meet, the agency’s needs. Using different equipment would result in a substantial amount of time needed to re-evaluate OSHA CTC’s current system and would not be cost effective as the whole system would likely need to be replaced.

Therefore, solicitation from the brand’s only manufacturer is essential to the acquisition of the required product(s).

6. A description of the 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 FAR Subpart 5.2 and, if not, which exception under Subpart 5.202 applies.

In accordance with FAR 5.202 Exceptions, “The contracting officer need not submit the notice required by 5.201 when (a) The contracting officer determines that (13) The proposed contract action (i) Is for an amount not expected to exceed the simplified acquisition threshold.

7. A determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

Price will be evaluated in accordance with FAR 13.106-3(a)(2). A comparison to similar products, i.e. sampling pump testing and calibration equipment, made available from other manufacturers was conducted, and the cost to the government was determined to be fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or, a statement of the reason(s) market research was not conducted.

These are proprietary equipment devices of Sensidyne, LP. They do not allow distribution or resell of their supplies. The required part was searched on both GSA Advantage and NASA SEWP, and not found on either site.

Please refer to attached Market Research form.

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

Technical data packages, specifications, engineering descriptions, or purchase descriptions suitable for other than full and open justification have not been developed or are not available. Please refer to the attached Statement of Work.

10. Include a listing of the sources, if any, that expressed (in writing) an interest in the acquisition.

None.

11. Include a statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services is required.

Similar products will continue to be reviewed and considered as they become available to determine if they meet the Agency’s needs.

12. Signature blocks:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

Technical 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.

Donna Lake, Contracting Officer’s Representative (COR)

Date

Contracting officer certification:

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

Ericka Graham, Contracting Officer

Date

8-5-20