Apreo S LoVac - JOFOC_EXTERNAL.pdf

NATIONAL TRANSPORTATION SAFETY BOARD

Justification for Other than Full and Open Competition

“APREO S LoVac - Field Emission – Scanning Electron Microscope Service Agreement”

1. Program Office Procurement Request Office of Research and Engineering (RE), Materials Laboratory Division (RE-30) Purchase Request: PUR250054

2. Nature of Action The purpose of this Justification for other than Full and Open Competition (JOFOC) is to provide documentation that explains why this specific requirement is to be awarded without competition to FEI Company (FEI) - a part of ThermoFisher Scientific - for a service agreement for one (1) Apreo S LoVac Field Emission - Scanning Electron Microscope (FESEM).

3. Description of Requirement The National Transportation Safety Board (NTSB) has a requirement to purchase a service agreement for one (1) FEI Apreo S LoVac FESEM. A service agreement is required to provide rapid response to keep the system operational, perform preventative maintenance service, and to provide certified replacement non-consumable parts, software updates, and notifications. The NTSB’s current purchase order for annual maintenance, 9531BM24P0008, expires on December 7, 2024. This purchase order is for a service agreement for the electron microscope and will be effective for twelve (12) months from December 8, 2024, through December 7, 2025.

4. Statutory Authority FAR 13.106-1(b) (1), Soliciting from a single source. Contracting Officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Unique Qualifications / Circumstances of Requirement The decision to award a sole source order is based on the fact that FEI is the manufacturer of the FE-SEM and is the only known company authorized to provide the personnel to perform preventative maintenance service, and to provide certified replacement non-consumable parts, software updates, and notifications to maintain the electron microscope. Furthermore, the manufacturer has the ability to “remote” into the instrument to perform diagnostics to minimize the instrument’s downtime.

6. Efforts to Determine Only One Source The Materials Laboratory (RE-30) monitors the field of electron microscopy and is not aware of any other company besides the manufacturer, FEI, that is authorized to provide support of this instrument.

NATIONAL TRANSPORTATION SAFETY BOARD

Justification for Other than Full and Open Competition

“APREO S LoVac - Field Emission – Scanning Electron Microscope Service Agreement”

7. Contracting Officer’s Determination I have reviewed the information, contained in this JOFOC, and determined that based on all the information provided, the anticipated cost of any subsequent sole source award would be fair and reasonable to the Government.

8. Market Research In accordance with FAR 5.201(b)(1)(i), a notice of this contract action will be posted electronically on the Contracting Opportunities webpage of the System for Award Management (ww.sam.gov) for five (5) business days. The notice shall state that all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.

9. Other Pertinent Information N/A

10. List of Interested Sources No other companies/organizations have expressed an interest in this requirement.

11. Efforts to Remove Barriers to Competition The NTSB will continue to conduct market research to acquire other sources to meet its requirements.

12. Approvals I certify that the supporting data under my cognizance which are included in the JOFOC are accurate and complete, to the best of my knowledge.