SOLICITATION NOTICE
10 -- CMS Field Products
- Notice Date
- 10/16/2012
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- ACC-APG - Installation Division, Directorate of Contracting, 4118 Susquehanna Avenue, Aberdeen Proving Ground, MD 21005-3013
- ZIP Code
- 21005-3013
- Solicitation Number
- W91ZLK-12-R-0040
- Archive Date
- 11/14/2012
- Point of Contact
- Amy Bozzard, Phone: 4102780712
- E-Mail Address
-
amy.m.bozzard.civ@mail.mil
(amy.m.bozzard.civ@mail.mil)
- Small Business Set-Aside
- N/A
- Award Number
- W91ZLK-12-C-0046
- Award Date
- 9/25/2012
- Description
- Justification Review Document J&A 12-25 For Other Than Full And Open Competition 1. Contracting Activity: U.S. Army Contracting Command, Aberdeen Proving Ground, Installation Division, ATTN: CCAP-SCI, 4118 Susquehanna Ave, Aberdeen Proving Ground (APG), Maryland (MD) 21010-5401. 2. Description of Action: This Justification for Other than Full and Open Competition seeks the approval to award sole source to CMS Field Products for preventive maintenance and repairs of the CMS/OI Analytical chemical agent air monitoring equipment in support of the Edgewood Chemical Biological Center (ECBC), Environmental Monitoring Laboratory for the US Secret Service location in Washington, DC (Bolling Air Force Base). This requirement will be awarded as a new Firm-Fixed Price Contract under FAR Part 12. The estimated value for the contract is $572,964 and will be obligated with FY12 2VCD11 Operations and Maintenance Army (OMA) funds. 3. Description of Supplies/Services: The services being procured are for preventive maintenance, repair services, as well as technical and factory support services for 32 MINICAMS® units, ChromLink®Sysetms, Stream Selection Systems and 1 ChromNet® system. All labor (performed during normal business hours, Monday thru Friday), repair parts, consumable supplies installed by CMS personnel, travel, per diem and report costs are included in the cost of the service agreement. Twelve (12) emergency site visits, one per month, are also included in the cost. If a piece of equipment cannot be repaired, replacement is not covered under the proposed agreement. The requirements are as follows: a. Service to be performed on a semi-annual basis will include but is not limited to: Functional testing of the MINICAMS electronics circuits and aligning pressure-transducer and electrometer circuits (if needed). Cleaning the GC module and inlet system by back flushing them with solvents, if needed. Checking GC module gas flows. Replacing the preconcentrator tube, cleaning the inlet valve, and testing the gas inlet system for leaks. Upgrading MINICAMS software (with permission and after testing to ensure no communication problems). Adjusting operating parameters and installing minor engineering upgrades are required. Functional testing of the overall system by calibrating and challenging the system with an appropriate compound. Verify error-free communications on the CHROM-NET air monitoring data network. Check hard drive for errors and free space of the CHROM-NET air monitoring data network central processing unit. b. The on-site service technician will be formally trained by CMS Field Products in repair of covered instrumentation and will have at least 5 years of direct repair experience specifically on CMS Field Products equipment. The contractor will use all CMS approved parts. CMS Field Products reserves the right to refuse to perform service on any piece of equipment under unsafe conditions or if it is contaminated. The proposed Preventative Maintenance, Repair Service, and Technical Support Contract includes normal wear and tear which is fair and reasonable but does not include instrument abuse, misuse, mishandling or misapplication resulting from unfair and unreasonable use. Also instruments that are damaged during shipping are not covered unless CMS is specifically responsible for shipping. c. The total estimated dollar cost for the contract sought is: The total estimated value for the contract is $572,964.00 broken down by year as: Base Year - $132,936.00 Option Year 1 - $139,584.00 Option Year 2 - $146,556.00 Option Year 3 - $153,888.00 4. Authority Cited: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c)(1), as authorized in Federal Acquisition Regulation (FAR) 6.302-1, Only One Responsible Source and no other supplies or services will satisfy agency requirements. 5. Reason for Authority Cited: a. O/I Analytical/ CMS Field Products is the sole source supplier of repair parts, training, and certification in the safe and competent operation of the MINICAMS line of air-monitoring equipment. There are no authorized distributors or re-sellers of MINICAMS repair or replacement parts in the United States. MINICAMS is proprietary technology, protected by two U. S. patents (5,014,541 and 5,052,805) and the name "MINICAMS" is a registered trademark (United States Patent and Trademark Office Registration No. 1,500,285). This monitoring system is available only from the CMS Field Products, Pelham, Alabama, a wholly owned subsidiary of O.I. Analytical, College Station, Texas. b. Sensitive analytical equipment is used to detect chemical warfare material during demilitarization operations. This equipment is essential in providing protection to human health and the environment. These operations are conducted at various worksites within the U.S. and abroad. The requested vendor manufactured the equipment and has the expertise, parts inventory, trained technicians and offset the response time required to address preventative maintenance and emergency repairs in a timely manner. The inability to procure this contract will prevent our organization from supporting high visibility operations and delay scheduled deployments which will be costly and detrimental to our agency and the many government agencies we support. c. The market standard for a service contract for unlimited repair of a piece of analytical equipment is 10% of purchase cost per year. The 32 MINICAMS® units, ChromLink® units, Stream Selection Systems and ChromNet® system covered by this contract represent a capital investment of at least $2 million. Ten percent of the combined purchases is $200,000. The contractor selected must meet the contract requirements at a cost to the government of $200,000 or less per year. 6. Efforts to Obtain Competition: A notice of intent to negotiate on a sole source basis was published on 16 August 2012 to the Government's Federal Business Opportunities website. To date, 24 August 2012, there have been no responses to the notice of intent to award sole source to CMS Field Products, Inc. No comparable service meeting the Government's requirement has been identified in past published notices. Efforts were made to identify comparable vendor's services through literature searches, internet searches, requests for product information, and technical trade journals. Prior to exercising any option year under this contract and in accordance with FAR Part 17.202, the Government will conduct market research to determine if other vendors have acquired the ability to provide this service. 7. Actions to Increase Competition: The Edgewood Chemical Biological Center (ECBC), Environmental Monitoring Laboratory (EML) has attempted to develop an alternative near real time monitoring system for chemical agents and toxic industrials compounds. The Environmental Monitoring Laboratory (EML) has not been able to develop another system that detects as many of these compounds as the O/I Analytical CMS Field Products and with the same detection limits. ECBC will continue research other interoperable systems. 8. Market Research: Market research was conducted within the last twelve months by the requiring activity at ECBC as well as the contracting agency. A search was conducted on the internet as well as discussions with the end users and other knowledgeable individuals within the government and industry. A sole source contract for identical work was awarded on 21 February 2012 for preventative maintenance on MINICAM equipment located in Edgewood. At the time when market research was conducted, no potential vendors were identified. Six months after this contract was awarded, still no prospective contractors have been identified by ECBC or the contracting agency. Market research was conducted by Amy Dubree and Michael Knudsen with the Environmental Monitoring Laboratory of ECBC prior to the award completed in February as well as before submitting the request for maintenance at Bolling AFB. A Notice of Intent to Award Sole Source was posted on FedBizOpps for any potential vendors who might be able to perform the work. No interested contractors contacted the Government. CMS Research Corporation / OI Analytical is the only manufacturer of the MINICAMS software and portable MINICAMS hardware compatible with Edgewood Chemical Biological Center (ECBC) current air monitoring systems. The requirement is for the maintenance of current MINICAMS sampling systems and will augment on -hand capabilities, by ensuring sufficient instrumentation availability for current or future testing requirements. This equipment is necessary to provide a continuous safe work environment for ECBC air monitoring with minimal downtime and operating expense. Due to the continuous chemical testing operations at Edgewood Chemical Biological Center (ECBC) sites and the stringent air monitoring requirements, a significant quantity of the MINICAM systems (over two hundred (200) MINICAMS), have been purchased in the past and are presently in operation. 9. Interested Sources: To date no other sources have expressed an interest in the requirement of maintenance and repairs of MINICAMS. 10. Other Facts: a. Procurement history: • W91ZLK-06-C-0016, awarded September 28, 2006 in the amount of $3,446,028 with a base and four one-year options. • W91ZLK-10-P-1299, awarded September 29, 2010 in the amount of $105,780.00 with a base and one option year. • W91ZLK-12-C-0005, awarded February 21, 2012 in the amount of $572,708.00 with a base and one option year. The Government has attempted to fulfill the statutory requirements to increase competition as well as small business concerns; however historical data shows that CMS Fields Products, Inc is the sole provider for these particular services. A Notice of Intent to award on a sole source basis was published through ASFI for all the previous orders and no responses were received. b. Subcontracting Opportunities: The MINICAMS is proprietary technology, protected by two U. S. patents (5,014,541 and 5,052,805) and the name "MINICAMS" is a registered trademark (United States Patent and Trademark Office Registration No. 1,500,285). This monitoring system is available only from the CMS Field Products, Pelham, Alabama, a wholly owned subsidiary of O.I. Analytical, College Station, Texas. CMS Fields is the sole source supplier of repair parts, training, and certification in the safe and competent operation of the MINICAMS line of air-monitoring equipment. There are no authorized distributors or re-sellers of MINICAMS repair or replacement parts in the United States. It has been determined that there are no subcontracting possibilities; therefore a subcontracting plan is not required. 11. 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. Typed Name: Steven D. Norman Date: Title: Branch Chief ECBC EML Signature: 12. Requirements 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. Typed Name: Steven D. Norman Date: Title: Branch Chief ECBC EML Signature: 13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost for this contract will be fair and reasonable based on historical data, Independent Government Cost Estimate, and CMS Field Products published price list. Typed Name: J. Renee Hodge Date: Title: Contracting Officer Signature: 14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Typed Name: Date: Title: Procuring Contracting Officer Signature: Approval Based on the foregoing justification, I hereby approve the procurement of maintenance of Government owned MINICAMS on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c) (1) and FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and provided that the services and property herein described have otherwise been authorized for acquisition.
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