SSJ_Exceeding SAT_fully signed.pdf

OPOAM 3013.501(a)(1)(ii) Sole Source Justification (SSJ)

FAR subpart 13.5, including Brand Name Template

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY23-00283 1

SSJ No.: FY23-00304

Date: 8/18/2023 PR Number: RSLF-23-00101

Pursuant to the requirements at 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903 Special emergency authority as implemented by Federal Acquisition Regulation (FAR) subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “sole source justification.”

The Department of Homeland Security, Office of Procurement Operations hereby documents the restriction of competition to the brand name Mettler-Toledo.

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

Pursuant to FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services, DHS/OPO intends to limit the solicitation for the chemical reactor to a specific brand-name, Mettler-Toledo. This manufacturer is the only acceptable brand to the S&T Program Office.

3. Description of Supplies/Services. Describe the supplies or services to be acquired.

Provide the estimated total value (including options, if any).

The DHS/S&T Transportation Security Lab (TSL) requires one (1) large-scale automated laboratory chemical reactor system for performing novel syntheses, optimizing synthesis, and minimizing exposure of personnel to the hazards of synthesizing explosives by allowing remote operations and monitoring.

The estimated cost of the reactor is $745,351.00. Delivery will take place 60 days after award.

4. Identification of the authority.

This action is taken in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

According to the Program Office, the work that is done within the EMRL lab which is "extremely hazardous" as they work with explosives. The instrument they are looking to obtain is intended for larger quantities than the lab can currently handle. The smaller versions of this instrument in-use by the lab are Mettler-Toledo brand instruments which are used for smaller quantities of explosives. As the lab scales up http://uscode.house.gov/ http://uscode.house.gov/

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY23-00283 2 to larger quantities, it is important that the methods and processes developed on the smaller instruments are "easily translated" to the larger instrument.

With any other large-scale reactor, the lab would also lose the ability to transfer data, methods, and procedures from one system to another increasing time, labor, and reducing safety. The amount of time and labor to introduce a new system that performs the same task would not be beneficial to the government or the Energetic Materials Research Laboratory as it would prevent the ability to transfer, data method and procedures. Additionally, this would reduce the safety associated with the synthesis of explosives and other hazardous materials.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. If the justification covers a brand name item, this section should address compliance with FAR 5.102(a)(6)).

The solicitation will be posted to www.sam.gov along with this redacted signed Justification document.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. (Use information such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine the anticipated cost is fair and reasonable or discuss the application of any of the techniques described at FAR 13.106-3(a)(2) and/or 13.106-3 (b)(3)).

Market research determined that the prices for the Mettler-Toledo reactor are in-line with previous acquisitions and with similar chemical reactors.

8. Description of market research. (Market Research is required by FAR part 10 and HSAM 3010, and the DHS Market Research Guide. Describe the results of your market research or provide a statement of the reason why market research was not conducted).

Three (3) vendors were reviewed, and only Mettler-Toledo was identified as being able to meet the requirements with currently available commercial products. Other government agencies that use the Mettler Toledo equipment were contacted and input was used to confirm that the commercially available products from Mettler Toledo would meet the requirements. Market research indicates the other products cannot meet or be modified to meet the agency’s needs.

Market research was completed by searching the GSA and DHS Advantage websites and current contracts as well as other internet searches using the words “Automated Lab Reactor System”, “ALRS”, “Advanced Thermostat System”, “Automated Reactor System Calorimetry” and “OptiMax”, Large Scale Synthesis Reactor”, “RX-10”. There were no alternatives found on GSA or DHS Advantage websites or under current contracts. Other government and national laboratories were consulted to understand their current large-scale synthesis operations with the fundings documents in the Section 9 of this document.

Internet searches provided two alternative companies: discussion via MS Teams were held with one of the companies and no response was received from the other. The reactors from the two alternative companies were determined by the S&T Program Office to be unable to meet the requirement.

http://www.sam.gov/

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY23-00283 3

9. Any other facts supporting the justification. (You must explain why technical data packages, specifications, statements of work, or purchase descriptions are not suitable for enhancing competition or not available. Discuss why your requirement cannot be modified to increase competition. If you are contending only one source can meet the Government’s minimum need, you must document the reason why and describe the extent to which the Government will be harmed if not acquired from that vendor. Address any potential duplication of cost, if applicable.)

Although other companies make automated lab reactor systems, the companies do not provide key items listed under the requirements (i.e., remote abilities with automatic shutdown, reaction monitoring, and 4 liquid feeds). Due to this, it is imperative for the DHS to purchase the Optimax 1001 large scale reactor with in-situ ReactRaman 802 and ParticleTrack G400 with iC FBRM and RX-10 reactor control system from Mettler-Toledo AutoChem, Inc. The Optimax 1001 and RX-10 systems allow for remote abilities with automatic shutdown, reaction monitoring, and four liquid feeds, which are all current features used for small-scale synthesis at the laboratory and will be needed for all future large-scale synthesis.

Other benefits by utilizing the Mettler-Toledo brand include:

•Mettler Toledo is the only system with thermoelectric cooling allowing for increased control of the synthesis operations •Optimax comes with the ability to perform remote operations, providing increased safety •The Optimax allows for the collection of calorimetry, an important measurement for the scaling up of reactions

• System is portable and all components are integrated in one box.

•Multiple systems (3) can be control by one PC simultaneously •Temperature range from -40 ºC to 180 ºC

• Temperature can be controlled using multiple different temperature sensors (jacket temperature, reaction temperature, or a difference of the two).

•Temperature ramping by rate or duration •Full independent control of all reaction variables such as heating, cooling, stirring, and dosing.

• Market research indicates the other products cannot meet or be modified to meet the agency’s needs.

•Data, methods, and calculations currently performed on the Easymax can be transferred to the Optimax and vice versa

• This system has become the standard for the synthesis of energetics in US government labs. This system is currently being used at Naval Surface Warfare Center Indian Head, Picatinny Arsenal, Los Alamos National Laboratory, and Naval Research Laboratory •Mettler Toledo offers lifetime training, which staff has utilized during new hires or contractual staffing shifts •Selecting a different system is not an option as market research has indicated that systems from other manufacturers are unable to be modified to meet the agency’s need.

•Currently using the Optimax software on the small scale Easymax 102 system •Parts are interchangeable with current Easymax systems at the TSL •ReactRaman 802 and ParticleTrack G400 probes are completely interoperable with Optimax 1001 and EasyMax 102

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

Sole Source Justification for Simplified Acquisitions exceeding the SAT including brand name Rev. 4/2022 SSJ No.: FY23-00283 4

The Contract Specialist posted an RFI (Notice ID 70RSAT23Q00000034) to www.sam.gov for nine (9) days and received no responses.

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

(Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service).

According to the Program Office, the work that is done within the EMRL lab which is "extremely hazardous" as they work with explosives. The instrument they are looking to obtain is intended for larger quantities than the lab can currently handle. The smaller versions of this instrument in-use by the lab are Mettler-Toledo brand instruments which are used for smaller quantities of explosives. As the lab scales up to larger quantities, it is important that the methods and processes developed on the smaller instruments are "easily translated" to the larger instrument.

The acquisition of a different system would require considerable work to bring it up to speed and more importantly would increase the exposure of personnel to the manufacturing of energetics.

Synthesis of energetic materials is a high hazard operation, and any path that minimizes the synthesis or handling of energetic should be given heavy consideration.

Therefore at this time DHS must solicit for the Mettler-Toledo brand name only.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iv) brand name and 5.102(a)(6).

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR

Date

14. Contracting Officer Certification and Approval

Contracting Officer: Not exceeding $750K Date http://www.sam.gov/