A-13 - COsignedJOFOC.pdf

Justification for Other than Full and Open Competition Maintenance and Urgent Repair Support for JEOL Instruments and Third-Party

Accessories

| NB680010-20-01248

1. Identification of Agency and Contracting Activity

This justification for Other than Full and Open Competition is executed by:

Acquisition Management Division (AMD) Department of Commerce National Institute of Standards and Technology (NIST) Acquisition Management Division (AMD) 100 Bureau Drive Gaithersburg, MD 20899

2. Nature/Description of Action

NIST/AMD proposed to enter into a Firm-Fixed-Price (FFP) contract with JEOL USA, Inc.

at 11 Dearborn Road, Peapody, MA 01960-3862 to procure maintenance and repair support for JEOL scientific equipment and related third party components. The contract will be issued pursuant to Federal Acquisition Regulation (FAR) Part 13 Simplified Acquisition Procedures.

3. Description of Supplies/Services

NIST requires the Contractor (JEOL) to maintain and repair the following scientific instruments, and their associated components, to ensure uninterrupted performance within manufacturers’ specifications on a scheduled and as-needed basis (please see attached “equipment list” for details).

The attached list of equipment above is comprised of complex scientific instruments that require routine maintenance and calibration in order to continuously meet the manufacturer’s performance specifications. In addition, these instruments occasionally require emergency service to repair faults, failures, and sudden degradation in the performance envelope of the instrument.

Service and maintenance shall include unlimited emergency visits during regular business hours in addition to scheduled preventive maintenance visits for one year, unless stipulated otherwise.

Covered expenses shall include all parts, labor, travel, and per diem. The Contractor shall repair/replace all parts (e.g., hardware, software, accessory components/systems) required for the operation of the instruments listed above. The Contractor shall provide a certified service technician/engineer on-site at NIST Gaithersburg, MD and NIST, Boulder, CO within 48 hours after the service call is placed by the Government.

The government estimate for this procurement is $4,617,336.00 for a base year plus four option years.

Maintenance and Urgent Repair Support for JEOL Instruments and Third-Party

Accessories

4. Identification of Statutory Authority

The statutory authority permitting other than full and open competition is 41 USC 1901(e)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.106-1(b) entitled, “Soliciting from a single source”.

5. Demonstration of Contractor's Unique Qualifications

The procurement of the supplies/services described above by other than full and open competition is appropriate because there is only one qualified source.

Contractor:

JEOL USA

11 Dearborn Road Peabody, MA 01960

JEOL USA is uniquely qualified to provide maintenance and repair support for NIST’s JEOL scientific equipment for the following reasons:

a. JEOL is the original equipment manufacturer (OEM) of the listed equipment, which means that they have the sole ability to access and provide proprietary replacement parts. Since they are OEM parts, these parts will incorporate the latest engineering changes. In addition to replacement parts, JEOL is the sole source of software updates for its equipment. JEOL does not license the sale or distribution of its parts or software through resellers or third parties.

b. JEOL employs, trains, and certifies all field service technicians/engineers to ensure that they are qualified to provide the required services. JEOL does not train, certify, authorize, or license other vendors to perform services on JEOL equipment.

c. To date, JEOL USA has been the only vendor providing service and maintenance, so they have complete service and maintenance histories for our JEOL instruments and a thorough understanding of their specific needs and requirements.

d. JEOL USA’s technology and parts are proprietary, and there are no authorized distributors.

JEOL will not sell parts to third party vendors. JEOL is the only vendor to have access to password controlled JEOL components. JEOL does not have any small business partners service providers.

e. JEOL will not enter into contracts with third parties. JEOL will not accept purchase orders from the REMI Group.

f. Any ad hoc service voids warranties on the JEOL instruments.

g. Any lapse in service contract with JEOL requires an onsite service visit to bring the instrument up to working condition before a new service contract can begin.

Therefore, JEOL USA is uniquely qualified to provide the required Maintenance and Urgent Repair Support for JEOL Instruments and Third-Party Accessories.

Maintenance and Urgent Repair Support for JEOL Instruments and Third-Party Accessories

6. Description of Efforts Made to Ensure Offers are Solicited from As Many Potential Sources As Practicable

In accordance with FAR 5.203 and 41 U.S.C. 1901(e)(1), an Notice of Intent to Sole Source announcement was publicized to SAM Contract Opportunities (formerly FedBizOpps (FBO)) website, stating the intent to enter into a sole source procurement with JEOL USA, Inc. The notice stated all responsible sources interested may identify their interest and capability by April 6, 2020. On the closing date no responses were received.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable

The Contracting Officer will determine that the anticipated price is fair and reasonable in accordance with FAR 15.404-1(b)(2)(ii). Prior to award of the proposed contract, costs or price information shall be obtained from the Contractor and a price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. The Contracting Officer has determined that the anticipated costs to the Government will be fair and reasonable based on evaluation of commercial pricing and comparison to the Government estimate.

8. Description of Market Research Conducted and the Results, or Statement of the Reasons a Market Survey was not

Conducted

Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement as follows:

a. On February 11, 2020, JEOL was contacted regarding authorized service providers and third-party service providers for JEOL instruments. JEOL does not have authorized service providers for the required instruments and will not accept PO’s from REMI Group, which is an insurance-type service provider.

9. Other Factors Supporting the Proposed Noncompetitive Acquisition

All pertinent facts have been documented within other sections of this document. There are no additional facts to be reported in this section.

10. Sources that have Expressed Interest in the Acquisition in Writing

No sources indicated an interest as a result of the NOI posted to SAM Contract Opportunities between March 23 and April 6, 2020.

11. Statement of Actions, if any, to Remove or Overcome Barrier to Competition before any Subsequent Acquisition for the Supplies or Services

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The expected life cycle of this equipment is ten to fifteen years. During the expected life cycle of this equipment, NIST will work to identify additional products that could meet its requirements. The Government will seek competition on future acquisitions for these products. All future requirements will be handled on a case-by-case basis.

Maintenance and Urgent Repair Support for JEOL Instruments and Third-Party Accessories

Certification Requisitioner:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature Date

Contracting Officer: (required for all J&As; if procurement exceeds $700,000, additional reviews/approvals are required as identified below) I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Date

Reviews and Approvals

Competition Advocate:

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this JOFOC does not exceed $13.5M, this review serves as approval (cross out if over $13.5M).

Jo-Lynn Davis Date NIST Competition Advocate