JOFOC_JEOLContract.pdf

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition

Control #: ATF15-0093 ARQ # DJA-18-ANCE-PR-0861 Page 1 of 5

1. Contracting Activity:

Office of Management, Field Operations Acquisition Branch 99 New York Avenue NE, 3.S-125 Washington, DC 20226 Contracting Officer: Brian Wilkins 202-648-9120 Email: Brian.Wilkins@atf.gov

Requesting Office:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Center for Explosives Training and Research (NCETR) 3750 Corporal Road Redstone Arsenal Huntsville, AL 35898 POC: Timothy Shelley, Ph.D. 256-261-7509 Email: Timothy.Shelly@atf.gov

2. Nature/Description of Action being approved, i.e., sole source, limited competition, establishment of a new source, etc:

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole source firm-fixed price purchase order for a base and four-option year service contract, for the JEOL JSM-6510/LGS SEM. Only JEOL has ready access to the parts, and accessories for this instrument. JEOL is the manufacturer for this model of SEM, which is no longer in production or in its warranty period.

3. Description of Supplies/Services and estimated value, including options:

NCETR chemists require specific and reliable physical surface characterization capabilities and results to characterize and classify explosive materials. NCETR chemists use these results to evaluate the surface characteristics of the explosive materials. In order to have confidence in these analyses, the existing instrument must be maintained, cleaned, and calibrated. Additionally, the requested service agreement will allow NCETR to perform these analyses identically to other agencies performing explosive analyses.

Base Year: $5,506.00 Option Year (1): $5,781.30 Option Year (2): $6,070.37 Option Year (3): $6,373.88 Option Year (4): $6,692.58 mailto:Brian.Wilkins@atf.gov mailto:Timothy.Shelly@atf.gov

Control #: ATF15-0093 ARQ # DJA-18-ANCE-PR-0861 Page 2 of 5

Total Estimated Dollar Value Base and Options $30,424.13

Proposed Contractor:

JEOL USA Inc.

11 Dearborn Rd.

Peabody, MA. 10961 Phone: 978-535-5900

4. Statutory Authority Cited and Reason for this Authority:

Please select one:

[X] 41 USC 253 (c)(1), Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements, FAR 6.302-1

[ ] 41 USC 253 (c)(2), Unusual and Compelling Urgency, FAR 6.302-2

[ ] 41 USC 253 (c)(3), Industrial Mobilization, FAR 6.302-3

[ ] 41 USC 253 (c)(4), International Agreement, FAR 6.302-4

[ ] 41 USC 253 (c)(5), Authorized or Required by Statute, FAR 6.302-5

[ ] 41 USC 253 (c)(6), National Security, FAR 6.302-6

[ ] 41. USC 253(c)(7). Public Interest, FAR 6.302-7

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of Authority Cited:

JEOL is the only maintenance and calibration provider for the JEOL JSM-6510/LGS SEM to NCETR. JEOL, by virtue of being the sole manufacturer to that of the NCETR owned instruments, is uniquely qualified to maintain, repair and calibrate the instruments to produce the highest level of data quality.

6. Description of efforts made to ensure that offers were solicited from as many potential sources as practicable.

JEOL provided NCETR with a sole source letter indicating that they are the sole source factory provider of service and sales in the United States and Canada. Additionally, JEOL service engineers receive seven weeks of formal instruction at the JEOL Training Center as well as individualized instrument training. Factory training and JEOL training center instruction in maintaining JEOL instrumentation are available only to current, qualified JEOL Service Engineers.

Control #: ATF15-0093 ARQ # DJA-18-ANCE-PR-0861 Page 3 of 5

7. Determination by the Contracting Officer that the anticipated Dollar Value, including options demonstrates of fair and reasonable cost:

JEOL is the sole provider of trained maintenance technicians and personnel. The model owned by NCETR is discontinued and therefore parts are solely guaranteed by JEOL. As such, they do not offer special pricing for the government or any other party, attached is their quote.

8. Market Research:

Market research was conducted to determine if there were other vendors that were authorized to calibrate and service the JEOL equipment. JEOL does not authorize other vendors to calibrate or service the JSM-6510/LGS SEM. JEOL Sole Source Provider documentation is attached.

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available: N/A

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government: N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government: N/A

10. Listing of Sources that expressed a written interest in this acquisition:

None

11. Actions Taken to Remove or Overcome any Barriers to Competition:

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

The Requesting Office will continue to research the marketplace and communicate with other agencies to determine if similar products and /or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature.

Control #: ATF15-0093 ARQ # DJA-18-ANCE-PR-0861 Page 4 of 5

Certifications:

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate.

William Joa 07/06/2018

William Joa, Branch Chief Date

I certify that the justification is accurate and complete to the best of my knowledge and belief.

Brian Wilkins 07/06/2018 Contracting Officer Date