B02.0 SOLE SOURCE SAT MEMORANDUM (Less than $250,000) for iCAP 7600_Redacted.pdf

MEMORANDUM FOR THE RECORD

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requesting a one-year service contract that includes all parts, travel, and on site labor on the Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer, the ThermoFlex900 Chiller, and Teledyne CETAC ASX-520 Autosampler. Request that the one-year service contract be renewable for the next 4 years.

The Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer System is a unique and proprietary analytical system that is utilized by TRF Bangor to analyze the material composition of paint chips and other matrices in order to characterize its hazardous nature. This allows the production shop(s) to either proceed with work using appropriate safety measures or to locate contamination sources.

The contractor that will be performing the service is Thermo Electron North America LLC, The contractor shall accomplish the maintenance and repair of the Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer (serial # IC76RA0002), ThermoFlex900 Chiller, and Teledyne CETAC ASX-520 Autosampler (serial #: 0715119A52). A qualified factory trained service engineer accomplish all maintenance, adjustments and documentation for all repairs to Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer System and associated equipment. Work center will coordinate with vendor to arrange service call times and dates.

The contractor shall perform:

a. One (1) scheduled annual preventative maintenance visit for the Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer, ThermoFlex900 Chiller, and Teledyne CETAC ASX-520 Autosampler.

b. ICAP 7600 ICP-OES Radial Spectrometer, ThermoFlex900 Chiller, and Teledyne CETAC ASX-520 Autosampler.

c. An unlimited number of on-demand on-site corrective maintenance visits with a maximum of 3 business day response time.

d. Deliverable items:

• Preventative maintenance service report

• Corrective maintenance service report(s)

• Engineer labor and travel is included

• Factory-certified repair parts included with a 10% Loyalty discount

• Technical support (Priority Status with 2-hour response time)

• Software upgrades

• Online e-Support Technical resource subscription

e. Contractor furnished material:

• Parts for spectrometer system and computer

• Tools for maintenance

• Software updates

• Shipping of tools and parts

• Personal protective equipment

The required delivery date is March 31, 2023. The period of performance shall be for one (1) Base Year of 12 months and three (3) 12-month option years. The Period of Performance reads as follows:

a. Base Year: March 31, 2023 to March 30, 2024

b. Option Year I: March 31, 2024 to March 30, 2025

c. Option Year II: March 31, 2025 to March 30, 2026

d. Option Year III: March 31, 2026 to March 30, 2027

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _ X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _ X__ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

The Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer System is a unique and proprietary analytical system and Thermo Fisher Scientific is the only source of spare parts, software support, and service support for this system. Due to the complex nature of the system and proprietary parts/equipment, the Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer system needs maintenance that requires specialized equipment to complete. The manufacturer recommends periodic maintenance to this equipment to prevent damage and maintain operability. This is best accomplished by the manufacturer’s service division (Thermo Electron North America LLC) that is familiar with and equipped to do this type of work.

2. _ X__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

The Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer System is a unique and proprietary analytical system and Thermo Fisher Scientific is the only source of spare parts, software support, and service support for this system. Due to the complex nature of the system and proprietary parts/equipment, the Thermo Fisher Scientific iCAP 7600 ICP-OES Radial Spectrometer system needs maintenance that requires specialized equipment to complete. The manufacturer recommends periodic maintenance to this equipment to prevent damage and maintain operability. This is best accomplished by the manufacturer’s service division (Thermo Electron North America LLC) that is familiar with and equipped to do this type of work.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

1/4/2023

Signature Name (Printed) / Phone # Date

Signature Name (Printed) / Phone # Date