J and A ICAP QNOVA_1.pdf

NAVAL MEDICAL RESEARCH UNIT SAN ANTONIO

Page1 FY'24

JUSTIFICATION & APPROVAL FOR USE OF OTHER THAN FULL & OPEN COMPETITION

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition.,, This Justification and Approval (J&A) is executed by Naval Medical Research Command (NMRC), 503

Robert Grant Avenue Silver Spring, MD 20910, on behalf of the requesting agency, Naval Medical Research

Unit San Antonio (NAM RU-SA), 3650 Chambers Pass, Building 3610, JBSA Fort Sam Houston, TX 78234.

2. Nature and/or description of the action being approved.

The Government intends on awarding a Firm Fixed Price contract. The proposed source is Thermo Electron

North America LLC 168 Third Avenue, Waltham, MA, 02451. Award of a contract on a sole source basis will be made to provide a Maintenance and Service contract to Thermo Electron North America LLC (part of the

Thermo Fisher Scientific family of entities). The period of performance of 12-months with on-site complete support plan from September 2024 to September 2025 with four 12-month option year renewals. The proposed source is Thermo Electron North America LLC, 5823 Newton Dr, Carlsbad, CA 92008, Anthony Welch phone: 714.925.3946, email: anthony.welch@thermofisher.com, and website:

https://www.thermofisher.com/us/en/home.html. Thermo Fisher Electron has provided a Sole Source letter stating that they are "the sole source instrument manufacturer and service provider for the Thermo Scientific iCAP Q (Q/QNOVA Inter-Coupled Plasma Mass Spectrometry (ICP-MS), proprietary parts, training, technical support, field service support, and software."

3. A description of the supplies or services required to meet the agency,s needs (including the estimated value).

NAMRU-SA has a need to fulfill the requirement of a one-year on-site complete support plan for the

ThermoFisher iCAP Q ICP-MS Preventative Maintenance contract (SN: 03597R; ECN: 099793), the system also includes a flat panel monitor 22" wide, Dell computer with Windows operating system (SN: ?Tl VS52;

ECN: 099052) and Qtegra data collection and analysis software, located at NAMRU-SA. This plan includes unlimited on-site corrective maintenance visits, software and firmware updates, discount pricing on parts, labor, travel expenses and highest service dispatching priority during the service agreement coverage period

September 2024 to September 2025. One preventative maintenance visit must also be included in the service agreement. The estimated value of this contract is $19,005.00 for the base period. The total estimated value with four 12-month option periods for a total of 60 months is $100,900.11.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory exception permitting other than full and open competition for this acquisition is 10 U.S.C.

2304(c) (I) as implemented by FAR 6.302-1; only one responsible source and no other supplies or services will satisfy agency requirements.

S. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

NAMRU-SA requires preventative maintenance contracts on an as-needed basis. NAMRU-SA's current contract (N32398-19-F-03 I5) for the ICP-MS is set to expire September 2024. The lCP-MS is an expensive and highly sensitive piece of lab equipment in need of monthly troubleshooting and yearly on-site preventative mailto:anthony.welch@thermofisher.com http://www.thermofisher.com/us/en/home.html

Page2 FY'24 maintenance. Preventative maintenance is required once per year and contract service requests need to be targeted for service within 3 business days. Corrective maintenance is required when the instrument is not in use for prolonged periods and NAMRU-SA technicians cannot achieve operational standards. Tele-support will reduce NAMRU-SA's need for corrective maintenance and will provide expert knowledge to NAMRU

SA personnel. Without a ThermoFisher contract, we will not be able to communicate over the phone with their experienced technicians for longer than five minutes. Other companies, such as Remi, will be able to cover preventative and corrective maintenance costs as needed, but cannot fulfill all the governments needs without tele-support. Other manufacturers will not provide maintenance on this device, see Agilent

Technologies, as specialized ThermoFisher engineering training is necessary to perform preventative and corrective maintenance. While trained personnel at NAMRU-SA can perform basic troubleshooting steps such as tuning, cleaning, and method development, replacement parts or a technician may be required if the instrument cannot be returned to operational standards.

6. 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 S.202 applies.

Market research was performed, the results of which are in paragraph 8. This requirement will be posted to

FedBizOpps in accordance with FAR 5.202. No other known sources have expressed an interest.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer shall determine the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable by conducting a price analysis prior to award. In addition, the Government anticipates that the negotiated contract price will reflect a discount from the vendor's commercial price list and will be determined fair and reasonable.

8. A description of the market research conducted (sec Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted by technical experts in December 2023 and January 2024. This research consisted of reviews of previous preventative maintenance packages for these types of ICP-MS systems and a market survey through search engines of open market contractors and Federal Supply Schedule contractors.

Search engines utilized include Google, GSA Advantage and fbo.gov using the following search words: iCAP

Q ICP-MS, mass spectrometer maintenance, and equipment service contracts. Thermo Fisher Scientific is the sole manufacturer. Consequently, the Government's technical experts determined that Thermo Fisher

Scientific is the only source that can meet the Government's requirements. The results of the market research are attached.

9. Any other facts supporting the use of other than full and open competition.

Due to proprietary property (e.g., hardware support, software, and highly technical engineered products), Thermo Fisher Scientific is the only source for servicing the equipment, and for continuity purposes in data, performance, and research capability, is the sole source provider for this service requirement.

Page3 FY'24

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

To date, no other vendors have expressed an interest in providing a service contract for the ThennoFisher iCAP Q ICP-MS. This requirement will be posted on FedBizOpps in accordance with FAR 5.203. Any sources expressing interest in response to the synopsis will receive consideration.

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.

Future requirements will be synopsized in accordance with FAR 5.203.

12. Point of Contact.

The point of contact at NMRC regarding the contents of the sole source justification is Ms. Deborah M.

Sharpe, who may be reached at Ph: (301) 319-6471 or borah.m.sharoe2.civ!@.health.mil.

Page4 FY'24

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best ofmy knowledge and belief.

Technical Cognizance

HWANG.YOON.Y Diail..,,klntdby

• HWANGYOON.YEOP 1399614631

EOP.1399614631 0ai. 2020222 09-02 9-osw

Yoon Hwang, Ph.D.

Research Microbiologist/Maxillofacial Injury and Disease

Department

Naval Medical Research Unit San Antonio

Requirements Cognizance

CAPT E. M. Ho11is, MC, USN

Commanding Officer (Acting)

Naval Medical Research Unit San Antonio

22FEB24

Date

LEGAL SUFFICIENCY REVIEW AND CONCURRENCE

I have determined this Justification is legally sufficient.

Office of Counsel Date

CONTRACTING OFFICERS CERTIFICATION

I certify that this Justification is accurate and complete to the best ofmy knowledge and belief. The

Contracting Officer's signature below also represents approval of the J&A.

Tim Daniels

Contracting Officer

Naval Medical Research Command

Date