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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Provision of Technical Assistance for Forestry Services International Programs The following Justification for Other Than Full and Open Competiti... JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Provision of Technical Assistance for Forestry Services International Programs The following Justification for Other Than Full and Open Competition (JOFOC) is prepared in accordance with FAR 6.302-1: Identification of Agency: The US Forest Service (USDFS), Washington Office Procurement & Property Services, National Contracts Branch. Nature and/or Description of Action Being Approved: To help prevent illegal trade, the US Forest Service seeks the procurement of mass spectrometers that will be used for wood species identification throughout the world. This technology can be key to reducing the amount of illegally harvested timber that is entering US or other countries, which ultimately undercuts the value of legally harvested timber in the global market. USFS International Programs Office (USFS-IP) will donate this equipment to local governments and subsequently provide technical training on its implementation as a wood species identification tool, including the use of a global database of reference spectra managed by USFS and the US Fish and Wildlife Service (USFWS) at the Wood Identification and Screening Center (WISC) in Corvallis, Oregon. Description of Supplies or Services Required to Meet Agency’s Need Including Estimated the Value: A mass spectrometer used for wood species identification is valued at approximately between $200,000 and $300,000, including shipping, installation, and basic training (of the equipment itself, not as it relates to the applied use in wood species identification) by the contractor. The mass spectrometer system also requires an ion source and ballast tank for storing dry nitrogen gas. The Forest Service anticipates the need of multiple mass spectrometers will need to be purchased via a indefinite delivery indefinite quantity contract instrument over the next few years. Based on the need this contract will carry an estimated overall maximum of $3,000,000.00 and minimum of $1,000.00. Identification of Statutory Authority Permitting Other Than Full and Open Competition: 41 U.S.C. 3304(a)(1), as implemented by FAR 6.302-1, titled "Only one responsible source and no other supplies or services will satisfy agency requirements." Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited: Species identification of closely related taxa is critical for enforcement using authority from the Convention on International Trade of Endangered Species of Fauna and Flora (CITES) and the Lacey Act, given that there are over 60,000 species of trees. For chemically similar species, the relative intensity of molecular ions, as opposed to the presence or absence of those molecular ions, is used to differentiate species. While the basic principles of varying TOF mass spectrometers are the same, the instrument settings heavily impact the mass profile. Some of these settings manipulate critical aspects like fragmentation of the analyte matrix. In order to subscribe to the ForeST database for wood species identification, a mass spectrometer has to have very specific technical requirements that align with the USFWS Forensic Laboratory’s equipment. To use ForeST accurately, the instrument has to be tuned to the database. In principle, instruments from different manufacturers can achieve the same mass profile, but given the complexity of the small molecule profiles from trees where thousands of different molecular ions are present and may contribute to the classification, correcting the instrument variables and adjusting to the spectral library can be incredibly difficult across manufacturers. To date, laboratories globally have been unsuccessful tuning other mass spectrometers for competent use with ForeST. For this reason, the JEOL line DART-TOFMS is required for species identification and support from USFS and USFWS at the National Forensic Laboratory. JOEL USA, Inc. is the only vendor that will provide proper results for the objective of identifying timber species using this type of advanced technology. JEOL USA’s information is below: DUNS: 049410087 CAGE: 51043 Small Business: No A Description of 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 Subpart 5.2 and, if not, Which Exception Under 5.202 Applies: USFS-IP conducted primary research on potential manufacturers of mass spectrometers with internet searches for equipment that fit within the budget and technological requirements necessary to achieve results of the program. Secondary research was also conducted in the form of speaking to other US government agencies (USFWS in particular) on the use of mass spectrometry for timber species identification, discussing the necessary specifications of this advanced technology that would align with the use of the Forensic Spectra of Trees Database (ForeST) developed by the USFWS National Forensic Laboratory. In discussion with the Deputy Director of the laboratory, it was noted that in order to access the Forensic Spectra of Trees Database (ForeST) that is used for global timber species identification, the same brand of mass spectrometer must be used; this is because exact scientific settings and calibrations must be consistent across mass spectrometers in order to subscribe to the database. As a result, USFS was advised that only one manufacturer would provide the proper results for the objective of identifying timber species using this type of advanced technology. This notice shall be publicized. Determination by the Contracting Officer That the Anticipated Cost to the Government will be Fair and Reasonable: A government estimate has been provided and will be utilized to negotiate a fair and reasonable price to the government. Description of Market Research Conducted: Market research was conducted to determine a fair and reasonable price for this procurement and to determine possible vendors. The websites for vendors such as Thermo Fisher Scientific (DUNS: 146376467) and AMETEK Process Instruments (DUNS: 001345149) were researched and found that they do not meet the precise technical specifications that are necessary to be compatible with the ForeST database that was developed and is currently utilized by the US Government for wood identification. These vendors did not meet the unique specifications related to atmospheric pressure interface, integration of a DART ion source, software with mass spectral inspection, interpretation, and reporting capabilities, and other performance applications. These specifications must be met so that the ForeST database can be aligned and compatible with other mass spectrometers, as per the technical requirements dictated by those experts within the Forest Service and Fish and Wildlife Service. Access to the ForeST database is critical to the prevention of illegal logging worldwide as all mass spectrometers must identify the wood samples in the same way. Given the complexity of the small molecule profiles, correcting the instrument variables and adjusting to the spectral library can be incredibly difficult across manufacturers. JEOL’s DART-TOFMS was the only mass spectrometer with the technical settings and calibrations that match the ForeST database. Any Other Facts Supporting the use of Other Than Full and Open Competition: None. A listing of the Sources, if any, That Expressed, in Writing, an Interest in the Acquisition: N/A 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 Required: Consistent with the Competition in Contracting Act, full and open competition will be undertaken in future requirements, as future opportunities are available. However, for this requirement, given the unique system requirements no F additional actions can be taken to overcome any barriers to competition.