BRUKER AXS LLC Justification.doc

Notice of Intent to Award Sole Source

It is the intent of the National Archives and Records Administration (NARA) to enter into a sole source, firm fixed price contract with Bruker AXS LLC, 5465 East Cheryl Parkway

Madison, WI 53711, to purchase ARTAX XRF System Labscape Complete Service Agreement.

The proposed contract action will be conducted in accordance with FAR Part 13, Simplified Acquisition Procedures. The NAICS code is 334516, Analytical Laboratory Instrument Manufacturing. The proposed contract action is for products and services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b)(1)(i), 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).”

Interested persons may identify their interest and capability to respond to the requirement or submit proposals no later than 12:00 p.m. eastern time on May 10, 2022. This notice of intent is not a request for competitive proposals. However, all proposals received after the date of publication of this synopsis and prior to 12:00 p.m. eastern time on May 10, 2022 will be considered by the Government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The Government will not be responsible for any costs incurred in responding to this notice. Direct any questions regarding this announcement in writing to Mrs. Denise Martin no later than 12:00 p.m. eastern time on May 3, 2022.

Points of Contact:

Denise Martin, Contract Specialist, denise.martin@nara.gov Santo Plater, Contracting Officer, santo.plater@nara.gov Place of performance: National Archives and Records Administration, 8601 Adelphi Road, College Park, Maryland 20740 See Attachment 1 – FAR 13 Sole Source Justification for Commercial Items

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

National Archives and Records Administration

Office of the Chief Acquisition Officer

8601 Adelphi Road

College Park, MD 20740-6001

BRUKER AXS LLC

ARTAX XRF System Labscape Complete Service Agreement Technical Requirements Certification:

I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available.

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION”

See Page 1

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The National Archives and Records Administration (NARA) requires approval of an other than full competition to limit competition with a sole source procurement for “ARTAX XRF System Labscape Complete Service Agreement”, a proprietary system of Bruker AXS LLC.

III.

A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

NARA has been routinely using the ARTAX XRF System since 2009 in the Heritage Science Lab (RXT) at College Park, MD. The ARTAX is a specially designed portable XRF unit with an open architecture design and tripod or motorized stage that allows non-destructive XRF analysis and as such continually plays a significant role in the museum and conservation community, including at NARA. The design allows the instrument to be positioned very closely but safely to cultural heritage objects, such as historic NARA records, and the elemental analysis to be achieved with no sampling procedure necessary so no damage occurs to NARA holdings. The instrument is regularly used in order to address questions related to NARA holdings, including their historic significance, their proper conservation, or their ability to be displayed, stored or accessed safely. To continue to function for NARA’s needs, a Labscape Complete service agreement of the ARTAX XRF System is necessary to guarantee optimal working condition of the instrument. The service agreement will ensure that the ARTAX XRF System is protected by annual preventive maintenance, remote diagnostics and priority technical assistance. For this reason, NARA has requested pricing for the ARTAX XRF System Labscape Complete service agreement.

IV. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

41 U. S. C. 3304(a)(1) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1.

V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

ARTAX XRF System has been in use by Heritage Science Lab at NARA since 2009 and requires a service agreement for optimal working condition. Historically

Bruker AXS LLC is the only source for this proprietary service agreement and this year is no different. Market research using the internet shows that they are still the only source for this service agreement and there is no other service agreement that meets NARA’s needs as no other company provides a comparable instrument or service for this specialized system.

VI. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

The contractor’s (Bruker AXS LLC) proprietary Labscape Complete service agreement for the ARTAX XRF System is the only source that can fulfill the requirement. In accordance with FAR 5.2, the proposed contract action will be publicized at the government point-of-entry

VII.

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer determines that the anticipated price will be fair and reasonable based on market research and price analysis.

VIII.

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

Market research shows that Bruker AXS LLC is still the only source for this service agreement and there is no other service agreement that meets NARA’s needs.

IX.

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION. SEE FAR 6.303-2(a)(9)

N/A

X.

A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION N/A

XI.

A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

Annually NARA will determine if any new instruments have been created that are similar and will review service agreements to determine if there is a better solution. Currently Bruker AXS LLC, ARTAX XRF System Labscape Complete service agreement is our best solution.

XII.

CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

See Page 1.

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