Description
Justification for Other than Full and Open Competition (JOFOC) 1. Identification of the agency and contracting activity: The U.S. Environmental Protection Agency (EPA), Headquarters Procurement Operations Division (HPOD), Administrative Contract Service Center. 2. Nature and/or description of the action being approved: A sole source fixed price purchase order will be issued to FLIR Systems, Incorporated of Nashua, NH for the purchase of infrared (IR) cameras, IR Lenses, and training for same (reference FedBizOpps.gov posting LL-HPOD-08-19). 3. A description of the supplies or services required to meet the agency?s needs (including estimated value). The EPA?s Office of Enforcement and Compliance Assurance (OECA), Office of Civil Enforcement (OCE), Air Enforcement Division (AED) as well as Region 10 and the National Enforcement Investigations Center (NEIC) requires 13 FLIR GF320 infrared (mid-wave) cameras, 13 infrared telephoto lenses, one FLIR GF306 infrared (long-wave) camera and associated training. EPA has developed Clean Air Act investigative methods for air toxics and volatile organic compound (VOC) emissions investigations based on its existing FLIR IR cameras. Total estimated price is _________which includes a multi-purchase discount. 4. An identification of the statutory authority permitting other than full and open competition. This acquisition is under the authority of the test program for commercial items FAR 13.501(a)(1), 41 U.S.C. 1901 and 41 U.S.C. 427(f)(2). 5. A demonstration that the proposed contractor?s unique qualifications or nature of the acquisition requires use of the authority cited. EPA has determined that FLIR Systems, Incorporated is the only source of IR gas-imaging cameras that can satisfy EPA?s requirement. The required cameras are specific to and compatible with EPA?s investigative procedures for air toxics and VOC gas detection monitoring. The gas-imaging cameras are only available directly from FLIR. The EPA has a need for cameras with the following mandatory minimum requirements which are essential to the government?s needs. FLIR cameras are the only product that can provide these mandatory features, thereby precluding consideration of a product manufactured by another company. a. The 13 mid-wave cameras must be optical VOC gas imaging instruments with cryogenically cooled IR detectors and be capable of visualizing organic gases with IR absorptions in the mid-wave (GF320) IR regions. b. Both mid and long-wave cameras must be carried by hand and have self-contained video recording capability. c. The mid-wave cameras must have near-field and telephoto lenses. d. The long-wave camera must be an optical VOC gas imaging instrument with a cryogenically cooled IR detector and be capable of visualizing organic gases with IR absorptions in the long-wave (GF306) IR regions. e. Both mid and long-wave cameras must have the ability to indicate the apparent temperatures exclusively within the IR spectral region of the camera?s design which can be read by user-selected pixels in the viewfinder. 6. A description of the 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. A notice of intent to sole source was posted on FedBizOpps on August 19th, 2014 (LL-HPOD-08-19) in accordance with FAR part 5.2. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. The price for the purchased items has been determined to be fair and reasonable through comparison with EPA?s past purchases of the same make and model of cameras purchased from FLIR. 8. A description of the market research conducted and the results or a statement of the reason market research was not conducted. Market research was conducted in August 2014. Specifically, EPA searched the Internet for other vendors of hand-held mid and long wave gas imaging cameras using Google, GSA Advantage, and a comprehensive engineering search engine called ?Global Spec.? Only two other gas-imaging mid-wave cameras were found (items a. and b.) and only one long-wave camera was found (item c.). a. Gas Imaging Technology, LLC (GIT). GIT manufactures a camera called the ?Sherlock VOC.? This product, however, is not suitable for EPA?s requirements because it is designed with a single, fixed lens, whereas EPA requires an instrument that has interchangeable near-field and telephoto lenses. Furthermore, the Sherlock VOC is too large for conducting Clean Air Act VOC emissions investigations which involve navigating narrow walkways and climbing ladders. The Sherlock VOC is the size of a small suitcase and must be carried using a harness, and a second inspector is needed to carry and operate a video recorder of the gas leak images, which makes the product impractical for Agency requirements. Importantly, the camera does not have a pixel temperature display. Therefore, the camera does not meet the mandatory minimum requirements specified in sections 5.b., c., and e., above but does meet the requirement in item 5.a. b. OPGAL manufactures an infrared gas-imaging camera called the ?EyeCgas? as a direct competitor to the FLIR GF320. However, unlike the FLIR, the OPGAL instrument does not have a pixel temperature display in the image, therefore the camera operator cannot measure the emissivity (apparent temperature) of objects or VOCs. Emissivity measurement is critical information that only the FLIR instrument provides. Examples of EPA?s need for the pixel temperature display as a minimum requirement include, but are not limited to, the following: i. When imaging VOC plumes from industrial flares, large above ground storage tanks, elevated vents, and other sources where the sky is part of the image, the apparent sky background temperature must be measured. Otherwise, the inspector cannot know whether the VOC plumes are normal, or are an indication of excessive emissions. The apparent sky background temperature greatly affects the sensitivity of the camera to the VOCs and therefore must be known in order to interpret the VOC imaging. ii. EPA has developed a camera calibration check procedure whereby EPA personnel can test the camera?s temperature measurement against a known temperature standard. This calibration check procedure is necessary to prove that the camera is operating normally during Clean Air Act investigations. The temperature calibration check procedure is also used to determine if and when the cameras need to be re-calibrated by the vendor. Without a pixel temperature indicator, EPA cannot conduct calibration checks. Therefore the OPGAL EyeCgas is not an equivalent instrument and does not meet the EPA?s technical requirements for optical gas imaging as specified in section 5.e, above. It does meet the requirements in items 5. a, b, and c. c. No manufacturer other than FLIR manufactures a long-wave IR camera (GF306). The long-wave camera can detect gases that do not have useful IR absorption in the mid-wave IR region. One example of such a gas is vinyl chloride, a toxic gas which is manufactured and used in a variety of chemical industries. The camera meets all of the long-wave requirements in items 5.b, c, and e. d. EPA considered the possibility of using thermal imaging cameras of the type used by building inspectors as an alternative to the requirement for a pixel temperature display as listed in section 5.e., above. EPA determined that such thermal imaging cameras do not measure the specific IR radiance (or IR absorbance) within the narrow IR wavelength regions of the mid-wave and long-wave VOC gas-imaging cameras, therefore the temperatures displayed by such thermal imaging cameras are meaningless for VOC plume interpretation as described in section 8.b.i., above. Thermal imaging cameras would also not be suitable for checking the temperature calibrations of the mid-wave and long-wave VOC gas-imaging cameras as described in section 8.b.ii., above. Therefore thermal imaging cameras of the type used by building inspectors are not an option for meeting the requirement for a pixel temperature display listed in section 5.e., above. 9. Any other facts supporting the use of other than full and open competition. There are no other facts for this requirement. 10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition. Only one source expressed an interest in this acquisition. On August 25, 2014, EPA received an interest in this acquisition from Heath Consultants Incorporated of Houston, TX?a provider of the mid-wave OPGAL EyeCGas product. After review of the information provided, EPA determined that although the OPGAL mid-wave product could meet the requirements in items 5.a through c. above, it could not meet the technical requirement as listed in section 5.e. of this JOFOC. This was conveyed to the contractor via several email exchanges on August 25th and 26th. The contractor did not comment on the long-wave camera requirement. 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 the supplies or services required. The EPA will continue to conduct market research for subsequent similar requirements to determine if any additional viable sources become available. I certify that the supporting technical data which forms the basis of this justification is complete and accurate. Cognizant Technical Official Original Signed 9/11/14 Cary Secrest Date Contracting Officer certification that the justification is accurate and complete to the best of the contracting officer?s knowledge and belief. Original Signed 9/11/14 Lorraine Lesieur, C.P.M. Date Contracting Officer Management Review: Original Signed 9/11/14 Mi Suk Cox, Manager, ACSC Date Approval: Original Signed 9/11/14 Susan Moroni, Advocate for Competition Date