A16_Sole_Source_redacted_1.pdf

JUSTIFICATION AND APPROVAL

Justification for Other Than Full and Open Competition

IAW FAR 13.106-l(b)(2)

1. Contracting Agency and Activity. The Department of the Interior, United States Geological Survey, Kansas Water Science Center, requests award of a non-competitive procurement to a single source.

2. Nature of Action Being Approved. New service contract for the following equipment and software valued at $636,000:

Thermo Scientific bioinert Vanquish Flex Binary pump (SN 8331171) Thermo Scientific bioinert Vanquish Flex Split sampler (SN 8331502) Thermo Scientific bioinert Diode Array Detector (SN 8331684) Thermo Scientific bioinert Column Compartment with 1 switching valve (SN 6509682) Thermo Scientific Q Exactive Plus with enhanced resolution and protein mode (SN MM10254c) Thermo Scientific bioinert Fluorescence detector (SN 8331561) Thermo Scientific provided Personal Computer (SN 1J9X2G3) Thermo Scientific provided monitor (SN CN-07HR4F-QDC00-0BS-1Q3L-A13)

Software (each has 2 licenses) TraceFinder, version 5.1 Xcalibur, version 4.4.16.14

3. Description of Supplies or Services. The U.S. Geological Survey, Kansas Water Science Center, requests award of a non-competitive procurement to Thermo Scientific for annual maintenance, repair, and replacement parts for a Thermo Scientific Orbitrap Exploris 240 mass spectrometer system.

4. Estimated Dollar Value. The total estimated contract value for a Base Year with Four (4) One (1) Year Options is $ A 1% escalation fee has been calculated for the option years.

5. Statutory Authority. The proposed action may be awarded without full and open competition under 41 U.S.C. 253(c)(l) as implemented in FAR 13.106-l(b)(2).

6. Rationale Supporting Use of Citation in No. 5. The USGS Kansas Water Science Center's Organic Geochemistry Research Laboratory (OGRL) maintains and operates a bioinert Thermo Scientific Vanquish liquid chromatography (LC) system with a Thermo Scientific Orbitrap Exploris 240 mass spectrometer with additional UV-Visible and fluorescence detection. The bioinert LC includes an autosampler, pump, diode array detector (DAD), and column compartment. This equipment is valued at $636,000.00. The Thermo Scientific bioinert Vanquish LC system and Thermo Scientific Orbitrap Exploris 240 mass spectrometer are instruments constructed of special materials only manufactured and distributed by Thermo Scientific. It is imperative that the instruments are serviced by factory certified engineers servicing the specific Thermo Scientific platforms in OGRL's possession and that bioinert replacement or preventative maintenance parts originate from the original equipment manufacturer (OEM), are unused, and new. Service training must be up to date with factory training for troubleshooting and repair/maintenance of parts with up-to-date hardware and software versions to meet current instrument OEM specifications. Furthermore, the Thermo Scientific Orbitrap Exploris 240 mass spectrometer is a highly sensitive mass spectrometer that requires special handling and knowledge to ensure contamination does not occur during preventative maintenance and repairs.

7. Other Information. Due to the proprietary technical features of the Thermo Scientific bioinert Vanquish LC system and Thermo Scientific Orbitrap Exploris 240 mass spectrometer, Thermo Fisher Scientific is the sole source instrument manufacturer and service provider for the parts, training, technical support, field service support, and software. Thermo Fisher Scientific is the only company with access to proprietary performance verified component parts, spare parts, upgrades, and engineering resources to maintain the original operating specifications for the Thermo Scientific bioinert Vanquish LC system and Thermo Scientific Orbitrap Exploris 240 mass spectrometer.

Additionally, Thermo Fisher Scientific Field Service Engineers (FSE's) are the only company certified and factory trained engineers available to service these instruments are a part of an organization that is ISO certified.

8. The Efforts to Identify Additional Sources Including the Market Research Conducted.

Market Research Results:

On 02/10/2023, the USGS, OAG-Denver Branch received an official proprietary letter from Thermo Fisher Scientific with confirmation that currently there are no authorized 3rd party vendors under Thermo Fisher Scientific for servicing the Thermo Scientific Bioinert Vanquish LC System and Thermo Scientific Q Exactive Plus Orbitrap Mass Spectrometer.

9. Future Plans to Permit Competition. Additional market research will be conducted via professional seminars, colleagues, Internet, and professional publications to test the market for new entrants with authorization to provide factory trained service personnel or access to proprietary parts and software in the interest of providing for competition to the maximum extent practicable.

10. Recommendation and Certification from Program Office. Based on the above, I recommend this acquisition be conducted on the basis of other than full and open competition. I certify that technical data which form a basis for this justification that are the responsibility of technical or requirements personnel are complete and accurate.

Keith Loftin, Chemist Date

KEITH LOFTIN Digitally signed by KEITH LOFTIN Date: 2023.03.13 11:15:30 -05'00'