A16_JOFOC_1.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

In accordance with the authority granted under 41 U.S.C. 253(c), this request for award under other than full and open competition is hereby submitted.

1. Identification of the agency and the contracting activity:

Bureau of Land Management – Anchorage Field Office

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

1 year factory service plan to include device recalibration and factory certification. The Thermo Scientific Analytical Instruments, Inc. is the company who manufactured the XRF is the only vendor that can factory certify the device and not void the warranty. Due to the circumstances described above, request the following 1-year factory service plan be acquired using other than full and open competition in support of BLM requirement.

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

The Assist Plus Plan includes a 1-year service plan, which covers all Tier 1 & 2 repairs at no cost, Tier 3 repairs at 50% discount, and service loaner at 50% discount during any service. It also includes a full factory recalibration and certification within the year from the date of plan purchase.

Service price is $4,650.00

4. An identification of the Statutory Authority permitting other than full and open competition:

41. U.S.C. 253(c) (1), FAR 13.106-1(b)(1)(i)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The Thermo Scientific Analytical Instruments, Inc. is the company who manufactured the XRF is the only vendor that can factory certify the device and not void the warranty.

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 Federal Acquisition Regulation (FAR) Subpart 5.2, and, if not, which exception under 5.202 applies:

Only one source (Thermo Scientific) can factory certify calibration and repair of equipment without voiding the warranty.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable, and the basis for that determination:

Pricing is offered at commercial market prices.

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

An internet-based search was conducted for a vendor that could provide a factory level certification of calibration. No other vendors were found.

9. Any other facts supporting the use of other than full and open competition FAR 6.303-2(a) (9)):

No other vendors capable of providing service to preserve equipment warranty.

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

Thermo Scientific Analytical Instruments, 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:

There is no immediate plan to replace existing XRF device in the foreseeable future.

CERTIFICATIONS:

I, hereby, certify that this requirement does not exceed the Government’s minimum needs or scheduled requirements, and that the basis for award under other than full and open competition is complete and accurate to the best of my knowledge and belief:

/s/Francis Marley__________________________ __4/1/2024______________________ Requisitioner’s Signature Date

I, hereby, certify that this justification for other than full and open competition is accurate and complete to the best of my knowledge and belief:

/s/Nicole Maldonado___________________ ______8/22/2024___________________ Contracting Officer’s Signature Date