SOLE SOURCE JUSTIFICATION:
Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition for the proposed contractual action pursuant to the authority of 10 U.S.C.2304(c)(1), FAR Subpart 6.302-1(a)(2)(iii), Only one responsible source and no other supplies or services will satisfy agency requirements.
JUSTIFICATION
1. Agency and Contracting Activity (FAR 6.303-2(a)(1)).
USDA, AGRICULTURAL RESEARCH SERVICE, Midwest Area, Columbia, Missouri
2. Nature/Description of Action(s) (FAR 6.303-2(a)(2)).
a. This contracting action is for a MPS2 Autosampler with Maestro software.
3. Description of Supplies/Services (FAR 6.303-2(a)(3)).
Item is a MPS2 Autosampler with Maestro software. The autosampler will be used to analyze waste products and biological fluids using solid phase microextraction (SPME) headspace technique, direct liquid injection, and bulk headspace sampling.
4. Identification of Statutory Authority (FAR 6.303-2(a)(4)).
10 U.S.C. 2304 (c)(1), FAR Subpart 6.302-1. The services required by the agency are available from only one responsible source and no other type of services will satisfy the Agency requirements.
5. Demonstration of Contractor's Unique Qualifications (FAR 6.303-2(a)(5)).
a. Only one responsible Source and No Other Supplies or Services will satisfy Agency Requirements (FAR 6.302-1(a)(2))
(1) FAR 6.302-1(a)(2) states,
"When the supplies or services required by the agency are available from only one responsible source, or for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for."
(2) The named vendor is the only producer of the MPS2 Autosampler which uses proprietary Maestro software. The autosampler is compatible (mandatory) with an existing Agilent Model 7980 Gas Chromatograph which also uses Maestro software.
6. Federal Business Opportunities - FedBizOpps.gov (FBO) Announcement/Potential Sources (FAR 6.303-2(a)(6).
a. A Federal Business Opportunities (FedBizOpps) synopsis is published in an attempt to identify other possible vendors of the required equipment.
b. USDA/ARS does not anticipate other qualified sources; however, should any responses be received, they will be evaluated to determine if they can meet future needs of the Government.
7. Determination of Fair and Reasonable Cost (FAR 6.303-2(a)(7).
After a thorough web search, no other suppliers were located that could supply this equipment with the proprietary software.
8. Description of Market Research (FAR6.303-2 (a)(8).
USDA/ARS is constantly surveying the market and from this experience knows that the equipment is proprietary and only available from the vendor identified.
9. Any Other Supporting Facts (FAR 6.303-2(a)(9))
Due to the proprietary nature of the item needed to perform the research, at this time there is only one source available.
10. Listing of Interested Sources (FAR 6.303-2(a)(10).
No other sources are available at this time.
11. Actions Taken to Remove Barriers to Competition (FAR 6.303(a)(11)).
Vendor surveys are done from time to time to see if other vendors can meet the research requirements. So far none have been able to.
12. Technical Requirements and Certifications; (FAR 6.303-1(b) and FAR 6.303-2(b)
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.
CONTRACTING OFFICER CERTIFICATION: (FAR 6.303-1(A), 6.303-2(A)(12)
I certify that this justification is accurate and complete to the best of my knowledge and belief.
//r//
Name: Karen L. Reddick
Title: Contracting Officer