B08_Attach_A__SSJ_Rdtc.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 (USGS) Geology, Geophysics, and Geochemistry Science Center (GGGSC) 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 Oxford Instruments America, Inc. The anticipated contract type is a fixed-price type and the period of performance of December 01, 2023, to May 31, 2028.

3. Description of Supplies or Services.

This requisition is for a service contract for biannual maintenance, repair, replacement parts, and software updates for the Oxford AZztec micsF+/x-stream2//X-Max50//Nordlys system.

4. Estimated Dollar Value. (Base + 4 Option Years).

The contract period would include:

Base Year: 12/01/2023 – 05/31/2024 Option Year 1: 06/01/2024 – 05/31/2025 Option Year 2: 06/01/2025 – 05/31/2026 Option Year 3: 06/01/2026 – 05/31/2027 Option Year 4: 06/01/2027 – 05/31/2028

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 The USGS GGGSC maintains and operates an Oxford Aztec energy-dispersive X-ray spectrometry (EDS) and electron backscatter diffraction (EBSD) instruments integrated system for qualitative, quantitative, and structural analyses that is in the Denver Microbeam Laboratory, Building 20, Denver Federal Center. There is only one responsible source and no other service providers will satisfy the agency’s requirements due to its proprietary software system from the instrument manufacturer, Oxford Instruments. Market research indicated other providers do not have direct access to original equipment manufacturer (OEM) parts, proprietary software updates or upgrades, and the manufacturer does not provide service training commercially. The USGS has maintained the preventive maintenance contract with Oxford Instruments America, Inc. since 2018 under contract 140G0219P0026 at . The investment in this instrument to date is . It would cost the Government over to replace the instrument; therefore, it is crucial to maintain the existing instrument.

7. Other Information. None.

8. The Efforts to Identify Additional Sources Including the Market Research Conducted. Due to its proprietary software, no other sources have been identified to provide maintenance service for Oxford AZztec micsF+/x-stream2//X-Max50//Nordlys system. The manufacturer issued an official letter stating the manufacturer does not currently train, authorize or support third party organizations within the United States, in repair or maintenance of this instrument.

The Contracting Officer posted a source sought announcement on SAM.gov from April 03, 2023, through April 17, 2023, seeking firms that can provide similar services. We received one response from the

SOLE SOURCE JUSTIFICATION FOR ACQUISITION UNDER THE

SIMPLIFIED ACQUISITION THRESHOLD

market; however, after further review, it was determined the vendor could not meet the Government’s minimum need.

9. Future Plans to Permit Competition. The Government will conduct market research and compete follow on requirements full and open to the maximum extent practical.

10. Recommendation and Certification from Program Office

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

The U.S. Geological Survey (USGS) considers employee signatures to be Personal Protected Information, and therefore all employee signatures have been redacted. By posting this document, the Contracting Officer attests all appropriate signatures have been obtained.