A17_Sole_Source_Malvern_Panalytical_Inc_Redacted_1.pdf

SOLE SOURCE JUSTIFICATION FOR ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

1. Contracting Agency and Activity. The Department of the Interior, United States Geological Survey, plans to contract on a sole source basis. This document sets forth the justification and approval as required by FAR 13.106-1(b)(1).

2. Nature of Action Being Approved. The requested procurement is for award of a noncompetitive purchase order to Malvern Panalytical Inc. The anticipated contract type is a fixed-price type and the period of performance is 365 days.

3. Description of Supplies or Services. The U.S. Geological Survey (USGS), CGGSC requests award of a non-competitive procurement to Malvern Panalytical Inc., for the purchase of yearly maintenance of the four ASD spectrometers (18011, 16208, 18388, and 18683) as required to assure their continued performance and for them to meet QMS standards. This routinely involves adjusting internal optics, testing electronics, and replacement of worn parts.

4. Estimated Dollar Value. The estimated value of this procurement is

5. Statutory Authority. The proposed action may be awarded on a sole source basis under the authority of FAR 13.106-1(b)(1) – only one source reasonably available.

6. Rationale Supporting Use of Citation in No. 5.

Only one responsible source and no other supplies or services will satisfy the agency requirements. Four field spectrometers were purchased from Malvern Panalytical Inc. and service on these units can only be done by Malvern Panalytical Inc., as no other company can provide the proprietary parts needed for maintenance. The certified technicians at Malvern Panalytical Inc., are uniquely qualified and have proprietary knowledge of the systems which will allow them to diagnose problems and make any necessary repairs. Proprietary parts and systems within the units are necessary for maintaining the quality of our spectral measurements. Malvern Panalytical Inc. also provides proprietary software updates to keep the systems current and fix known software bugs. The investment for this equipment is valued at $44,000.

7. Other Information. N/A

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

Market research was conducted via the internet and no other sources were found that possess the unique and essential qualification outlined in Part 6 above. A sources sought notice was posted on SAM.gov from July 20, through July 26. 2023, seeking firms that can provide the maintenance and no responses were received.

9. Future Plans to Permit Competition.

Future requirements for same/similar items will undergo market research and be competed to the maximum extent possible, including when this equipment reaches end of useful life.

10. Recommendation and Certification from Program Office

Based on the above, I recommend this acquisition be conducted on a sole source basis and certify the above statements are true and accurate.

11. Certifications from the Contracting Officer:

a. Pricing will be determined fair and reasonable based on previous contracts.

b. This justification is accurate and complete to the best of my knowledge and belief.