DJA-24-ALAB-PR-0026 - JOFOC - Simplified Procedures for Certain Commercial Items - Redacted.pdf

JOFOC No.:

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2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

ATF intends to award a sole source firm-fixed price contract for preventative and corrective maintenance for three (3) Scanning Electron Microscope – (SEM) systems including the accessories.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

This requirement shall include two (2) scheduled annual preventative maintenance visits and unlimited emergency visits for technical support of the SEM systems. All work is to be performed by service technicians certified and authorized by JEOL, and all replacement parts must be factory certified by JEOL. The computers purchased from JEOL with the original instrument purchase is required for the operation of the system and is to be included in the support plan. Software and firmware updates as part of preventative or corrective maintenance visits shall be included. Must include unlimited remote desktop support and loaner equipment (if applicable).

The period of performance is for a one (1) year base period and four (4) one-year options for a total estimated cost of $321K, including options.

Base Year: 12/08/2023 – 12/07/2024 Option Year 1: 12/08/2024 – 12/07/2025 Option Year 2: 12/08/2025 – 12/07/2026 Option Year 3: 12/08/2026 – 12/07/2027 Option Year 4: 12/08/2027 – 12/07/2028

4. Identify statutory authority permitting limiting sources.

This acquisition is conducted under the authority for simplified procedures for certain commercial items under 41 U.S.C. 1901 , under the exceptions listed under FAR 6.302, but modified to reflect the procedures in FAR 13.501(a)(1)(ii).

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

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5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

three (3) Scanning Electron Microscope – (SEM) systems including the accessories.

There are no other vendors that can provide maintenance to the JEOL instruments, which is proprietary in nature to JEOL USA

INC.

TF’s law enforcement investigations.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under 5.202 applies.

This requirement will have a notice of intent to sole source posted on System for Award Management (SAM). After award, this sole source justification will be posted on SAM.

This requirement will be an Open Market contract with options. Additional sources authorized by JEOL USA INC to perform the required maintenance services were sought, but none were found. JEOL provided a sole source letter explaining they are the only authorized source for the required maintenance services.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4 $52,150.52 $62,328.82 $65,487.27 $68,761.63 $72,199.71

Total $320,927.95 (rounded up to $321K) *The cost for the option years at 5% rate increase per year, however JEOLUSA INC give the government a 5% decrease for mu instruments.

The contracting officer determines the anticipated prices will be fair and reasonable based on historical purchases, commercial price lists, and redacted invoices.

8. A description of the market research conducted and the results or the reason market research was not conducted.

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Searched SBA.gov (which covers women owned and minority businesses) for “JEOL Services received no hits. “JOEL” received 9 profiles. Narrowed down using NAICS code 811210, received 0 profiles, searched “SEM JOEL”, received 0 profiles, searched NAICS code 811210 and SEM, received 41 profiles, all but two were irrelevant to SEM:

Scan service Corporation, however they do not service the model numbers we require (from FY23 15A00019CAQA00037 MR), does not have JEOL certified technicians.

IXRF manufactures SEM equipment

SBA for “scanning electron” (couldn’t fit microscope in the search box) received 12 profiles:

Multiple vendors that sold accessories Multiple vendors that sell refurbished SEM systems Grant Gerringer services Amray brand, not JOEL

4 profiles listed servicing SEM:

Semtech Solutions Inc, does not list brand they service and does not have JEOL certified technicians.

Kennth Converse (does not have an updated UEI number, profile can’t be searched) Baum, Tom (does not have an updated UEI number, profile can’t be searched) Scanners Corp (does not have an updated UEI number, profile can’t be searched)

Searched gsaadvantage.gov under “Service and maintenance SEM” received 13 hits, none of which service actual SEM equipment.

Searched gsaadvantage.gov under “Service and SEM” received 68 profiles, narrowed it down and added JOEL, received 0 profiles, “scanning electron microscope (SEM)” received 21 profiles. 4 sold scanning electron microscopes or components, 17 uses SEM for services. None were maintenance and repair for SEM.

After searching SAM.gov (Searched JEOL preventative maintenance SEM) we found that other government intent to sole sourcing for SEM instruments to JEOLUSA INC.

Notice ID N6883623Q0033, for DON, dated 12/30/22.

Notice ID 0011569573, for DOA, dated 3/16/21.

Notice ID NINDS20003839, for NIH, dated 3/16/20.

Notice ID 75F40122Q115570, for FDA dated 1/26/23.

Notice ID W911QX19Q0094, for DOA, dated 6/4/19.

Searched ATF previous contracts. A modification was completed in FY23 to contract #15A00019CAQA00037 to add the second FSLW JEOL to that contract.

Internet “Google” search “JEOLSEM preventative maintenance” The Internet searches revealed a couple of businesses doing SEM-EDS service and repair, but none found to employ current, qualified JEOL Service Engineers.

JEOL USA is the only vendor with certified technicians to maintain and repair their instruments as noted in the sole source letter provided by JEOL USA. No other businesses (small or large) were found to meet our criteria.

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9. Any other facts supporting the use of sole source.

N/A.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

ATF will continue to monitor the market to determine if a competitor can meet the necessary program office requirements or become authorized by JEOL USA INC. ATF will continue to perform market research in efforts to limit barriers to competition in future acquisitions of these instruments.

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Reviewed by:

John Klar, Small Business Advisor Office of Management/Property, Acquisitions & Safety Division

Approved by:

Cheryl Hickman Contracting Officer4 Office of Management/Property, Acquisitions & Safety Division

4 CO is the final approval for all actions $750K and below.

JOHN KLAR Digitally signed by JOHN KLAR Date: 2023.10.26 09:02:06 -04'00'

CHERYL HICKMAN

Digitally signed by CHERYL

HICKMAN

Date: 2023.10.27 09:43:17 -04'00'

CHERYL HICKMAN

Digitally signed by CHERYL

HICKMAN

Date: 2023.10.27 09:47:20 -04'00'