DnF for OTFOC (JEOL TEM) REDACTED.doc

DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: Equipment Maintenance Contract (service agreement) for JEM-2100F Microscope

2. PROPOSED CONTRACTOR/MANUFACTURER:

JEOL USA, Inc.

11 Dearborn Road

Peabody, MA 01960-3862 CAGE Code: 51043

Business Size: Large

3. ESTIMATED TOTAL VALUE: [REDACTED]

Base: [REDACTED]

Option #1: [REDACTED]

Option #2: [REDACTED]

Total:

[REDACTED]

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION: The statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i):

_X_ Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE:

The item(s) listed in section one above is available from only one source and competition is precluded for reasons indicated below. There are no substitutes available.

X Compatibility: The item(s) must be compatible in all aspects (form, fit, and function) with existing systems presently installed. Describe the equipment you have now and how the new item/service must coordinate, connect, or interface with the existing system:

[REDACTED] Army Research Laboratory (ARL) requires one (1) twelve (12) month base year and two (2) twelve (12) month optional performance periods for maintenance of the Government-owned JEOL JEM-2100F scanning electron microscope. The scanning electron microscope gives ARL’s Scientists [REDACTED]. JEOL USA, Inc. is the sole manufacturer and distributor of its patented JEOL JEM-2100F Scanning Electron Microscope. As the Original Equipment Manufacturer (OEM), JEOL USA, Inc. is the sole vendor with the unique expertise and knowledge capable of providing service for the Government-owned JEOL JEM-2100F Scanning Electron Microscope to specification and standards that are proprietary in nature. Under previous contracts, such as, W911QX-07-P-0511, W911QX-10-P-0134, W911QX-13-P-0238, W911QX-15-P-0008, W911QX-17-P-0091, W911QX-19-P-0008, and W911QX-19-P-0123. JEOL USA Inc., has repaired the Government owned JEOL instruments for over fifteen (15) years and are intimately familiar with what is necessary for accomplishing repairs to [REDACTED]. Failure to procure a maintenance contract for the JEOL JEM-2100F Scanning Electron Microscope will result in the need for a new microscope with all required accessories costs and will cost ARL an estimated [REDACTED].

In addition, JEOL USA, Inc., is one (1) of only three (3) or four (4) manufactures of electron microscopes comparable to the JEM-2100F. The parts the OEM manufactures are only compatible with JEOL instruments, and the parts manufactured by competitors are not interchangeable with the OEM parts.

Additionally, the complexity of the instrument precludes service and repairs by other vendors. The technicians who perform field service on the JEM-2100F have many hours and years of experience working on JEM-2100F microscopes and other microscopes by the same manufacturer. For such equipment, only the OEM is able to provide maintenance and repair service that allows the equipment to meet the performance specifications from the original procurement.

X Proprietary: A patent, copyright, or proprietary data limits competition. The proprietary data are described as follows:

Most if not all of the hardware components of the JEM-2100F microscope are of a proprietary nature. These components are not available from any vendor other than the OEM. Additionally, the operating software that controls the microscope is also proprietary, and is not available from any vendor other than the OEM.

Based on the proprietary nature of product design and inherent knowledge the OEM possess, the OEM is the only source authorized with the capability of providing maintenance and support services for this effort. Because of the specialized nature and proprietary technological differences in designs from their competitors like ThemoFisher Scientific (formerly FEI), service cannot possibly be performed by service engineers from a company other than the OEM for that instrument. [REDACTED] will continue to stay cognizant of new developments in supper services for this type of equipment and will perform assessments of these capabilities as they become available. JEOL USA is the only source capable of providing the necessary maintenance support services as they are the OEM of the equipment that requires these services.

Market research was conducted by [REDACTED] from 23 August 2021 through 30 August 2021. [REDACTED] utilized numerous marketing research techniques, such as, contacting knowledgeable people or subject matter experts within Government and industry, reviewing market research efforts conducted for similar or identical items (reference contracts W911QX-07-P-0511, W911QX-10-P-0134, W911QX-13-P-0238, W911QX-15-P-0008, W911QX-17-P-0091, W911QX-19-P-0008, and W911QX-19-P-0123). Based on the aforementioned, JEOL USA, Inc. is the only vendor capable of meeting the Government’s requirement.

6. FAIR AND REASONABLE PRICE DETERMINATION:

It has been determined that the anticipated cost to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief.

Template last updated 4/23/2018