JOFOC_Thermo_Electron_North.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition

Control #: ATF19-0007 ARQ # DJA-19-ANCE-PR-0127 Page 1 of 5

1. Contracting Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management Property, Acquisitions and Safety Branch (PASD) Acquisitions Branch 99 New York Avenue NE, 3.S-134 Washington, DC 20226 POC: Brian Wilkins 202-648-9120 Email: Brian.Wilkins@atf.gov Requesting Office:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

NCETR

3750 Corporal Road Redstone Arsenal Huntsville, AL 35898 POC: Jeanna Lang 256-261-7607 Email: Jeanna.Lang@atf.gov

2. Nature/Description of Action being approved, i.e., sole source, limited competition, establishment of a new source, etc:

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole source firm-fixed price Contract for Unity Essential Plan (a preventive maintenance service agreement) for the Thermo Fisher Scientific instruments Nicolet 6700 Analytical FTIR Spectrometer, DXR Raman Microscope Class I Mainframe, and Continuum IR Microscope Mainframe, along with their accessories.

Only Thermo Electron North America LLC has ready access to the parts, upgrades, software updates and accessories for these instruments. Only Thermo Electron North America LLC has service technicians that are permitted by warranty to repair and calibrate these instruments in order to produce research quality results.

3. Description of Supplies/Services and estimated value, including options:

NCETR chemists require specific and reliable thermochemical data for identification and analysis of explosive compositions. NCETR chemists use these data to evaluate the hazards associated with the explosive materials. In order to have confidence in these analyses, the existing instruments must be adjusted, calibrated, and upgraded.

Additionally, the requested Unity Essential Plan will improve our analysis capabilities and allow NCETR to perform these analyses identically to other agencies performing explosive analyses.

mailto:Brian.Wilkins@atf.gov

Control #: ATF19-0007 ARQ # DJA-19-ANCE-PR-0127 Page 2 of 5

Proposed Contractor:

Thermo Electron North America LLC 1400 Northpoint, Pkwy Suite 10 West Palm Beach, FL 33407

PERIOD PERIOD OF PERFORMANCE YEAR COST

Base Year 12/01/2018 – 11/30/2019 $19,177.00 Option Year (1) 12/01/2019 – 11/30/2020 $19,177.00 Option Year (2) 12/01/2020 – 11/30/2021 $19,852.31 Option Year (3) 12/01/2021 – 11/30/2022 $20,344.88 Option Year (4) 12/01/2022 – 11/30/2023 $20,955.23

TOTAL BASE AND OPTION YEARS $99,506.42

4. Statutory Authority Cited and Reason for this Authority:

Please select one:

[X] 41 USC 3304(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, FAR 6.302-1

[ ] 41 USC 3304(a)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 3304(a)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 3304(a)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 3304(a)(5), Authorized or Required by Statute, FAR 6.302-5

[ ] 41 USC 3304(a)(6), National Security, FAR 6.302-6

[ ] 41. USC 3304(a)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of Authority Cited:

Thermo Electron North America LLC is the leading combination of innovative technologies, comprehensive services and unsurpassed technical support for microscopy instruments. The Unity Essential Plan service is dedicated to keeping precision lab instruments tuned, qualified, and running flawlessly, specifically the Thermo Fisher Scientific FTIR, Near IR (NIR), & Raman Instrumentation. NCETR already possesses these microscopy systems. Thermo Fisher Scientific has proprietary rights to the design and software utilized in these instruments at NCETR. Thermo Fisher Scientific is the only company with access to performance verified component parts, spare parts, software, technical support, upgrades and engineering resources to maintain the original

Control #: ATF19-0007 ARQ # DJA-19-ANCE-PR-0127 Page 3 of 5 operating specifications for these instruments. Thermo Fisher Scientific Field Service Engineers are the only certified and factory trained engineers available to service the instruments, and are part of an organization that is ISO certified.

6. Description of efforts made to ensure that offers were solicited from as many potential sources as practicable.

In accordance with FAR Part 6.305, this JOFOC will be posted on Federal Business Opportunities.

7. Determination by the Contracting Officer that the anticipated Dollar Value, including options demonstrates of fair and reasonable cost:

In accordance with FAR 13.106-3(a), a comparison of the proposed pricing was made with historical prices paid for other laboratory instrumentation.

Contractor Price

JEOL $11,681.25

Coherent $19,990.80 Edax $11,407.00

Agilent $23,823.12 Agilent $14,085.84 Craic $12,124.75

Thermo $9,822.00

The cost in the base year for the following equipment is as follows:

1) Nicolet 6700 Analytical FTIR Spectromete S/N APW100545 Yearly Cost $5,759.00

2) DXR Raman Microscope Class I Mainframe S/N AIY1000533 Yearly Cost $9,731.00

3) Continuum IR Microscope Mainframe S/n AHL1001681 Yearly Cost $3,687.00

Thermo’s price ranges from 25% to 64% lower than the above-listed prices. Based on these comparisons, the CO determines the price to be both fair and reasonable.

8. Market Research:

Thorough market research for service of these instruments lead to two other servicers, REMI out of Charlotte, NC, and Perkin Elmer One Source Lab Services. However, the service from REMI would not be performed by Thermo Fisher Scientific Engineers with experience on the same model age and configuration as our instruments have. Perkin Elmer One Source Lab Services would only service the instruments once, and not provide a planned maintenance agreement to maintain the calibration certificates. Discussions via telephone has provided this information, but neither servicer has provided a quote. See attached Sole Source letter.

Control #: ATF19-0007 ARQ # DJA-19-ANCE-PR-0127 Page 4 of 5

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available: N/A

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government: N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government: N/A

10. Listing of Sources that expressed a written interest in this acquisition:

None

11. Actions Taken to Remove or Overcome any Barriers to Competition:

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

The Requesting Office will continue to research the marketplace and communicate with other agencies to determine if similar products and /or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature.

Control #: ATF19-0007 ARQ # DJA-19-ANCE-PR-0127 Page 5 of 5

Certifications:

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate.

William Joa 11/21/2018

William Joa, Branch Chief Date

I certify that the justification is accurate and complete to the best of my knowledge and belief.

Brian Wilkins 11/21/2018 Contracting Officer Date