A03_0010941271_Justification.docx

COMPLETION

INSTRUCTIONS for:

JUSTIFICATION

FOR

OTHER

THAN

FULL

AND

OPEN

COMPETITION

for

SIMPLIFIED

ACQUISITIONS

VALUED

BELOW

$150K

I. General Information

a. The purpose of the justification document is to ensure the requiring activity and contracting office have thoroughly evaluated the requirement and have considered all possible alternatives prior to deciding to restrict competition.

b. This is a legal document and will be made part of the official contract file. Ensure it is completed accurately and professionally.

c. The requiring activity is responsible for completing the first part of the document through Section 6. The contracting office verifies and completes the rest of the information.

d. Before submitting to the contracting office, the requiring activity should remove the instructions in “red” within the document. The below information is guidance supplemental to those instructions and is meant to aid the preparers in adequately completing the document.

e. References to the Federal Acquisition Regulations (FAR) can be accessed at: http://farsite.hill.af.mil

II. Authorities to Limit Competition- For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available* (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization).

*The FAR states that contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning by the requiring activity.

a. Sole Source: FAR 13.106-1(b)(1)(i) Soliciting from a single source- Select this authority when procuring requirements on the basis of urgency, exclusive licensing agreements, brand name or industrial mobilization.

b. Brand Name: FAR 13.106-1(b)(1)(ii) Brand name specification- Select this authority when a single source is identified to provide a portion of a purchase because that portion specifies a particular brand-name item. The documentation should state it is veering only the portion of the acquisition which is brand-name.

c. Brand Name or Equal*: If the commodity or service required meets the criterion for a Brand Name or Equal competitive action- STOP. This justification is not required.

*See supplemental information at the end of this instructions document.

III. Estimated Value (inclusive of options):

a. This justification template is only appropriate for use below the Simplified Acquisition Threshold, $150,000.

b. Estimated value needs to be the total of the basic requirement plus any option years or option quantities.

IV. Form Completion

Section 1- Name of proposed sole source contractor or brand name manufacturer

Section 2- Brief description of supplies or services required and the intended use:

a. In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

b. General description of requirement- do not go into justification rationale here.

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1, APR

PREVIOUS

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OBSOLETE

Section 3- Unique salient characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

a. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable.

b. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

Section 4- Reason why contractor is the only source capable of meeting mission requirements; specifically, the reason no other source can meet the unique capabilities in section 3:

a. Has the vendor provided a statement verifying the unique/specialized/proprietary nature of the requirement?

b. Follow-On Contracts: Defined as a separate, new contract action for which the price and terms are non- competitively negotiated with the incumbent contractor to continue or augment a specific program which is necessitated by prior procurement decisions. Discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

c. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

Section 5- Market Research:

a. Reference FAR Part 10

b. Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

c. Procurement History: Identify contract numbers and whether those actions were competed or not. Section 7- Actions to Increase Competition (for completion by ACC-APG Acquisition Personnel):

a. What supplemental market research has been done?

b. Has a sources sought, RFI, or notice of intent been posted?

c. Have any contractors identified their interest in this requirement?

d. Has the proposed contractor been contacted for verification of the information presented?

e. Have resellers/distributors been researched and identified?

f. Have the mandatory sources of FAR Part 8 been screened? (FPI/UNICOR, AbilityOne, GSA, FSS)

Brand Name or Equal (FAR 11.104)-

· Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award.

· Use brand name or equal descriptions when the salient characteristics are firm requirements.

· The below chart details the difference between “Brand Name or Equal” and “Brand Name” actions under $150k:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for SIMPLIFIED ACQUISITIONS VALUED BELOW $150K

☐✔ FAR 13.106-1(b)(1)(i) Soliciting from a single source ☐ FAR 13.106-1(b)(1)(ii) Brand name specification

PURCHASE REQUEST NUMBER:

0010941271-0001

DESCRIPTION OF ACTION:

☐✔ New Requirement

· Modification

ESTIMATED VALUE (inclusive of options):

$ 122,981.00

FUND TYPE: YEAR:

O&M (2020) FY 2017

1. NAME OF PROPOSED SOLE SOURCE CONTRACTOR / BRAND NAME MANUFACTURER:

O I Analytical and CMS Field Products/CMS Research Corp, 2148 Pelham Parkway, Pelham, AL

2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

The equipment to be purchased is the current state-of-the-art equipment used for real-time air-monitoring. It is the only type of equipment currently used to do air-monitoring at Corp of Engineer remediation sites at military bases all over the country. currently the MINICAMS real time air monitor can detect trace amounts of chemical weapons in the air at Short Term Exposure Limit (STEL) and the Worker Population Limit (WPL). This equipment is a very important part of the air-monitoring work being done at Redstone, Alabama. The continued purchasing of this equipment provides the military the capability to continue to clean up and remediation of military bases in accordance with the Clean Air Act, RCRA (Resource Conservation and Recovery Act) or cradle to grave cleanup of sites before they can be return for use by the general public or civilian workforce. (1) Series 3900 Minicams

(1) Series 4000 Minicams (4) Support Cap Assembly (1) Lewisite monitoring option (2) Linear flow controller (2) CHROM-LINK air monitoring data.

3. UNIQUE SALIENT CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

The competition for the services provided by CMS and the MINICAMS was limited to one source because the MINICAMS is currently the only instrument on the market that has the ability to analyze for low level chemical warfare agents in air there are no other manufacturers of an instrument that has the ability to sample air through a heated trace analysis sample line at more than 150 ft long accurately and in real time and for less than 10 minutes. The MINICMAS is not a gross level detector because it can be calibrated at low levels to give more accurate results. There are other instruments that can do air monitoring but none of them can be setup to do w4h. aRt EthAeSMOINNICWAHMYS cCaOn NdoTRwiAthChTeOatRtraISceTliHneEs.OANGLCYMSSODU(GRaCsECChrAomPAatBogLrEapOh FMaMsEs ESTelIeNcGtiveMDISeSteIcOtoNr) RcaEnQbUeIuRsEedMtEoNpeTrSfo;rm air monitoring but a GCMSD can not reach the detection limits of a MINICAMS.

SPECIFICALLY, THE REASON NO OTHER SOURCE CAN MEET THE UNIQUE CAPABILITIES IN SECTION 3:

OI Analytical/CMS have been the only source for the MINICAMS air-monitoring equipment for more than 20 years. The larger suppliers such as Agilent, Shimadzu and Thermo-Fisher Scientific have focused on the GC/MSD and it's continued use and updating. None of these manufacturers have tried to pursue any newly developed air-monitoring Is this a follow-on contract? yes☐ no☐✔ If yes, provide contract number:

If this contract was awarded to another source then the cost would increase because any source other than OI Analytical/CMS would have to purchase parts from OI Analytical/CMS. In addition to the increase in maintenance and repair costs and parts there would also be an increased cost for service contracts if a third party is used. if there is a real interest in saving money then the equipment must be purchased through the current manfacturer which is OI A5n. aMlyAtiRcaKl/ECTMRSE. SEARCH:

No real market research was done due to the fact that there is nothing a market research in this narrow field would produce. The equipment needed to replace the MINICAMS is not available at this time and what is available does not replace the real time monitoring capability that makes the MINICAMS the only instrument on the market for monitoring remediation sites as the remediation is taking place and to make sure the workers and general public are not exposed to dangerous or deadly levels of CWA while the remediation is being done.

6. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in the sections above, is accurate and complete to the best of my knowledge and belief.

NAME AND TITLE OF CUSTOMER DIGITAL SIGNATURE EMAIL ADDRESS DATE

Digitally signed by Earl Austin Supervisory Chemist AUSTIN.EARL.N AUSTIN.EARL.NMN.1248284621 earl.austin.civ@mail.mil 01-18-2017 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, MN.1248284621 cn=AUSTIN.EARL.NMN.1248284621 Date: 2017.01.18 14:58:45 -07'00'

7. ACTIONS TO INCREASE COMPETITION (For Contracting Personnel Use):

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies.

For Example:

Posting information for a sources sought to include posted date, close date and results.

MARKET RESEARCH COMPLETED:

Suggested methods to validate sole sources are as follow:

Dynamic search of the World Wide Web (www.) utilizing www.google.com (using key word or part number search) results should be documented to include .pdf prints of the results Mandatory source:

GSA Advantage https://www.gsaadvantage.gov/advantage/main/start_page.do CHESS https://chess.army.mil/

Call Log:

Submitted with date time and contact of discussion with vendors (highly recommend email correspondence documentation with vendors).

8. CONTRACT SPECIALIST/PURCHASING AGENT REVIEW: SOLE SOURCE

I have done my due diligence in verifying the information presented above by the requiring activity and have attempted to obtain competition to the maximum extent practicable.

NAME OF REVIEWER

Charrissa Stancell

DIGITAL SIGNATURE

Digitally signed by STANCELL.CHARR DN: c=US, o=U.S. Government, ou=DoD, STANCELL.CHARRISSA.M.1043934500

ISSA.M.1043934500 ou=PKI, ou=USA, cn=STANCELL.CHARRISSA.M.1043934500 Date: 2017.01.23 07:07:47 -05'00'

EMAIL ADDRESS

charrissa.m.stancell.civ@mail.mil

DATE

01/23/17

9. ENDORSEMENT OF THE ACC-APG TENANT DIVISION CONTRACTING OFFICER

I hereby ☐✔ approve / ☐disapprove this justification in accordance with the authority cited on this document.

Approval is based on the availability of funds and provided that the services and property herein described have been otherwise authorized for procurement.

NAME OF CONTRACTING OFFICER

Sharon A. Gary

DIGITAL SIGNATURE

Digitally signed by

GARY.SHARON GARY.SHARON.A.1019287978

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, .A.1019287978 cn=GARY.SHARON.A.1019287978 Date: 2017.01.24 11:35:03 -05'00'

EMAIL ADDRESS

sharon.a.gary.civ@mail.com

DATE

01/24/2017

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