Determination_to_solicit_from_a_single_source_under_SAT__FAR_13_cs_co_signed_1.pdf

140R4022Q0065 Page 1 of 3

WBR 1413.106-1 Template 1 (11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

U.S. Department of the Interior, Bureau of Reclamation, Upper Colorado Basin, Acquisition Management Division

2. Name and Address of Single Source.

Thermo Electron North America LLC (Thermo Fisher) 1400 Northpoint, Pkwy Suite 10 West Palm Beach, FL 33407

3. Description of Supplies/Services and Estimated Cost.

Manufacture: Thermo Fisher Model: Thermo Fisher Scientific Dionex™ Integrion™ HIPC™ System and Dionix™ AS- AP Auto Sampler, to include accessories.

The Closed Basin Division Water Quality Laboratory assures that the water delivered to the river meets the Rio Grande Compact and Colorado State Standards. The Alamosa Field Division wishes to purchase an instrument service agreement from Thermo Fisher for the two Thermo Fisher Scientific Dionex™ Integrion™ HIPC™ Systems (S/N 16101245 &16100363), the Dionex™ AS-AP Auto Sampler (S/N 16100687) they are connected too, and accessories. The service shall provide for technical support, parts, and service calls for major repairs and maintenance, including travel and labor, to reduce downtime periods so that laboratory deadlines can be met.

The contractor will have knowledge of the existing equipment, software, and auxiliary software interfaces.

They will be able to provide timely service in both technical support and corrective maintenance.

The contractor shall be able to supply replacement parts with little or no wait time.

Preventative maintenance visits should provide training opportunities for new and existing laboratory staff when possible.

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Contractor shall have sufficient expertise to provide technical support for new method development.

Period of Performance: From: Award To: One year from award date

The estimated value of the procurement action is $16,986.00 for a one-year instrument service agreement.

4. Description of Circumstances, including why only one source is reasonably available.

In accordance with (IAW) FAR 13.106-1(b)(1)(ii), Thermo Fisher is the only reasonable source available to provide the instrument service agreement since Thermo Fisher is the sole manufacturer and reseller of the Thermo Fisher Scientific products, including new products and spare parts. Thermo Fisher is the sole provider of maintenance and repair services for their Ion Chromatography (IC) products. Only this suggested source can furnish the requirements, to the exclusion of other sources, because no third parties are authorized to sell spare parts or provide maintenance and repair services or technical support for Thermo Fisher products.

If a different company were procured the IC system would be impacted by incurring extra time, additional costs, and the need for further training costs of the new system. The current personal would have to be educated and retrained on another product which would create an undue burden. It would cost the government an estimated value of $30,100.00 for a new system and training costs.

5. Determination of Fair and Reasonable Price.

IAW FAR 13.106-3(a)(2)(i) and (ii) the price is considered fair and reasonable based on market research and historical purchases from Thermo Fisher.

6. Description of Market Research.

The market research performed by the government’s technical expert, Mary Finnegan, verifies that Thermo Fisher is the manufacturer and provider of the Thermo Fisher Scientific products, and has detailed and proprietary information concerning the operation and maintenance of the equipment.

Market research conducted by the Contract Specialist in July 2022 confirms that Thermo Fisher is the sole service provider for Thermo Fisher Scientific products. Additional market research included a search of the internet to find other companies that sell IC systems. There was only one other company found, Metrohm USA, Inc. but they do not have the rights or permission to service Thermo Fisher products. Since the government already owns the Thermo Fisher system it has been determined that only Thermo Fisher can meet all the government requirements to maintain and provide repair services. Thermo Fisher is the sole manufacturer of their laboratory products including new products and spare parts and the sole provider of maintenance and repair services. No third parties are authorized to sell spare parts or provide maintenance and repair services or technical support for Thermo Fisher products.

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SIGNATURES

PREPARED BY:

Name: Valerie Jiron

Date: 7/13/2022

CONTRACTING OFFICER (CO) (FAR 13.106-1(b)):(All Values)

Name: Mary B. Maestas

Date: 7/13/2022

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