A02-FAR-Part13-5-Sole-Source-JA_ACC-BTN_Mass_Spectrometer_Maintenance_Follow-On_Final-Redacted.pdf

Control No:

Contractor: Thermo Electron

Program/Equipment: Mass Spectrometry Maintenance

Version – March 2017 FOR OFFICIAL USE ONLY

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

Other: Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

(a) WRAIR requires maintenance support on Thermo Electron North America LLC manufactured ETD-Ready Orbitrap Fusion Lumos Tribrid Mass Spectrometer with Easy-Max Nanospray and detachable front-end Two Dimensional High Pressure Liquid Chromatography system at its facility. The equipment is the only instrument capable of subfemtomole detection ranges and is expandable to measure small molecules, DNA/RNA, and lipids. The equipment is proprietary to Thermo Electron and no other equipment can perform the required functions.

Thermo Electron North America, LLC is the only source certified to work on the specified Government-owned equipment that can meet all of the maintenance requirements in an effective and timely manner.

Awarding to uncertified sources would critically impact the ongoing operations at WRAIR CMPN as it may void any previous work and the verified service, inclusive of the quality control report, by any certified Thermo Electron engineer, specifically in cases where parts and expertise were not vetted by Thermo Electron.

Third party vendors routinely provide similar services using Thermo Electron as a pass through, however, these vendors cannot provide all of the services required to include technical support, digital remote services, or software support. Only the OEM, Thermo Electron, can provide all of the required services under its maintenance package.

(b) Alternatives: The Government looked at three alternatives; suspension of operations, implementing in-house personnel/expertise, and replacement of the existing equipment item. As a result, it was determined that none of the alternatives are options to meeting the requirement. The inability to award to this contractor on the intended award date will result in failed operations within the WRAIR and will delay meeting essential mission requirements. WRAIR does not currently have any in-house technical personnel with experience required in order to maintain the ETD-Ready Orbitrap Fusion Lumos Tribrid Mass Spectrometer with Easy-Max Nanospray and detachable front-end Two Dimensional High Pressure Liquid Chromatography system through preventative measures. Replacing these equipment items is also not feasible due to the significant increase in cost as the WRAIR CMPN already has ownership of the referenced Mass

Control No:

Contractor: Thermo Electron

Program/Equipment: Mass Spectrometry Maintenance

Version – March 2017 FOR OFFICIAL USE ONLY

Spectrometer equipment and Chromatography system. The only known source to meet this proprietary requirement is Thermo Electron North America, LLC.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Competition of the requirement is not possible since the proposed contractor, Thermo Electron America, LLC, is not only the manufacturer of the specific Mass Spectrometer required for maintenance, but is also the only certified source capable of performing and providing all of the services in order to support WRAIR CMPN. However, it is expected that Third Party Vendors that have agreements with Thermo Electron America, LLC will respond.

8. Market Research: Market research was conducted on 4 August 2020 by direct quote requested by the division’s Technical Point-of-Contacts (TPOC) to Thermo Electron.

Based on the provided Mission Essential Characteristics (MECs), Thermo Electron’s quote was certified by the TPOCs to perform the requested maintenance support services, as the mass spectrometer equipment item and components were proprietary to their company. Additionally, the Thermo Electron Sales Representative and WRAIR TPOCs confirmed on 10 November 2020 that no other known service contractors in the region (MD/DC) are certified to service this instrument. As a result, any third party engineer that is contracted to work on the instrument via full and open competition, may void any previous work and the verified service, inclusive of the quality control report, by any Certified Thermo Engineer, specifically in cases where these parts and expertise were not vetted by Thermo Fisher Scientific.

A Request for Information (RFI) was posted on www.beta.SAM.gov by the Contracting Office on 5 November 2020. Potential sources were given the opportunity to provide a capability statement. As a result, two (2) Third Party Vendors (CenMed and Remi) who provide similar services submitted capability statements; however, both were assessed and determined to be unacceptable due to the inability to provide the full scope of maintenance that only the OEM can provide for the proprietary equipment.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History Contract: GS-24-F-0026L, Task Order W81XWH-17-F-0005 Contractor: THERMO ELECTRON NORTH AMERICA LLC Award Date: 2/23/2017 Competitive Status: Unrestricted; Full and Open Competition