J-A.Bruker_AXS_Inc..pdf

NSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Bruker D4 Endeavor X-ray Diffractometer Service Contract

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING AGENCY:

Contracting Activity U. S. Department of Labor Mine Safety and Health Administration National Mine Health and Safety Academy ] 301 Airport Road Beaver, WV 258]3-9426 Contact: Rhonda Sizemore (304) 256-3538

(304) 256-3350 (Fax)

Customer Agency U. S. Deparhnent of Labor Mine Safety and Health Administration Pittsburgh Safety and Health Technology Center 626 Cochrans Mill Road Pittsburgh, PA 15236 Matthew Fenlock, 412-386-6499 412-386-6971 (fax)

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is to obtain approval fora 12-month sole source full maintenance services contract on a Bruker D4 Endeavor x-ray instrument that is located in the Pittsburgh Safety and Health Technology Center (PSHTC) Laboratory in Pittsburgh, PA. The proposed contract includes a base year with three Option Years. The base year will be funded with FY 2018 funds.

3. DESCRIPTION OF SUPPLIESSUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S NEED

(INCLUDING ESTIMATED VALUE:

a. Description —The Pittsburgh Safety and Health Technology Center (PSHTC) Laboratory is responsible for measuring the amount of respirable crystalline silica present in the air in metal-nonmetal (MNM) mines. This task is an integral part of MSHA Health Enforcement function. Approximately 5,000+ sample and quality assurance analyses are performed each year on MNM mine dust samples by the PSHTC Lab, A Bruker D4 Endeavor X-ray instrument was purchased and installed in 2007. To ensure maximum availability of the instrument used for health enforcement analyses, service contracts are maintained which cover parts, labor, and travel by servicing personnel. Since the instruments are &agile and weigh up to 1200 pounds, they must be serviced on-site.

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION:

FAR 13.106-1(b)(1)(i)— Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.

5. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE

NATURE OF THE ACOUSITION REQUIRES USE OF THE AUTHORITY CITED:

X-ray diffraction instruments for U.S. markets are manufactured by a limited number of vendors. Each vendor's product line is custom made in that the major components are designed and built solely for that product; they are not interchangeable with those from other manufacturers. As the manufacturer of this highly-specialized piece of equipment, Bruker AXS provides proprietary parts and products to service the x-ray diffraction system at the Pittsburgh location.

Spare parts are a major cost component of the instrument repair; it would not be uncommon to incur costs of $10,000 for parts to affect a repair not covered by a service contract. The availability of parts for these instruments is another aspect that would be detrimentally affected by the lack of a service contract with the instrument manufacturer. Since Broker AXS is the manufacturer of the instrument used by MSHA, they have the only access to the complete product line of spare parts needed to effect repairs. Also, their trained service personnel are qualified to diagnose problems with the instruments made by Broker AXS.

6. A DESCRIPTION OF EFFORTS TO OBTAIN COMPETITION TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS 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:

No other sources are available to perform this work as it is proprietary to the manufacturer. The competition that takes place when an instrument is purchased predicates what vendor is selected for service. A notice of intent to issue a sole source award will be published in FBO which will allow any interested or capable vendors to respond.

The Government will review and consider any responses received.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNEMENT WILL BE FAIR AND REASONABLE:

Broker's price structure is comparable to other service contracts for other types of similar equipment serviced by other vendors and is the same as the commercial prices charged to the general public.

8. A DESCRIPTION OF MARKET CONDUCTED (PART 10) AND THE RESULTS OR A STATEMENT OF

THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

This is proprietary equipment of Broker AXS. They do not license support. Therefore, no additional market research was conducted.

9. ANY OTHER SUPPORTING FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

10. A LISTING OF SOURCES. IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION: Broker AXS, Inc.

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:

We have a proprietary system that we intend to compete once it reaches its end of life cycle.

12. SIGNATURE BLOCKS:

The program/technical official further certifies that no conflict of interest exists in awarding a sole source contract to the contractor identified herein.

TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the be t of my wledge a belief.

Signature: ~ / Date: ~~ J ~ ~ ~

Type Name: Matthew Fenlock

Title: Supervisory Physical Scientist

CONTRACTING OFFICER CERTIFICATION:

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

Signature. ~p~(~—(~l)-1/L~.~ Date: ____~~~-~ 1

Type Name ~ ~~` (~1- IN~~e r G~

Title: !~C C_.1~1~C~✓

APPROVAL

(Competition Advocate signature is not necessary for Open Market JOFOCs. PRB approval is required for actionsover $150,000.)

Based on the foregoing justification, I hereby approve the procurement under an other than full and opencompetition basis pursuant to the authority of 41 U.S.C. 253(c)(1) as implemented by FAR 6302-1(a)(2)(ii) andprovided that the services and property herein described have otherwise been authorized for acquisition.

Signature: Date:

Type Name: Carl V. Campbell

Tide: Competition Advocate, OASAM