DnF for OTFOC_Redacted.pdf

Template last updated 4/23/2018

DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: The Material Response and Design Branch (MRDB) of the Army Research Laboratory (ARL) requires the procurement of a Preventive Maintenance Contract for the following equipment and to include 1 (one) base year and 4 (four) additional options years.

- Apex Pegasus System (S/N 11214)

- Octane Elite Detector (S/N 21522)

- Velocity Camera (S/N 4119)

2. PROPOSED CONTRACTOR/MANUFACTURER:

Gatan Ametek 1100 Cassatt RD Berwyn, Pennsylvania 19312-1177, United States Cage Code: 6UBJ2

3. ESTIMATED TOTAL VALUE:

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

___ Unusual and Compelling Urgency ___ Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert

Services ___ International Agreement ___ Authorized or Required by Statute ___ National Security ___ Public Interest

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.

_ _ 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:

Current existing equipment is supplied by one and only one manufacturer. The equipment contains proprietary technology that may only be serviced by qualified representatives of the manufacturer.

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

___ Experimental Continuity: The item(s) must be consistent with prior materials in order to ensure experimental continuity. Describe the conditions that necessitate the use of experimental continuity:

___ Warranty: Purchasing item(s) from another manufacturer/provider would void existing warranty. Provide a brief explanation for the use of this reason and the impact that would occur if the item was purchased from another manufacturer/provider:

___ Direct Replacement: These are “direct replacement” parts/components for existing equipment and no substitutes exist.

X_ Other reasoning to support a sole-source buy:

The Material Response and Design Branch (MRDB) of the Army Research Laboratory (ARL) requires the procurement of a Preventive Maintenance Contract. This contract will replace the current service contract for the above-mentioned equipment which is set to expire 9/29/2026 (W911QX-21-P-0162). The equipment covered under this service contract is used in conjunction with the JOEL electron microscopes, which are utilized by over 40 technical POCs across multiple ARL divisions and used for numerous research initiatives critical to warfighter support.

GATAN Ametek is the only authorized service contractor for the equipment. Using any other service provider would void warranties and result in mismanagement of serviceable equipment. Any other provider would not have to access the necessary servicing modes within the original equipment manufacturer (OEM’s) proprietary software. Only the OEM has the technical expertise, specialized tools and hardware components, specific training, and software access privileges to diagnose, repair, and maintain the instruments to their original performance specifications

This service contract is paramount to maintaining the working order of the equipment and continuing research efforts. Replacing equipment would cost upwards of $100,000.00 per unit, not including additional software modules and calibration time that has already been put into the current equipment resulting in the loss of 100’s of manhours. This service contract also includes hardware module coverage which, if unincluded, would cost around $20,000.00 per module for replacement. Due to the aforementioned, it is in the best interest of the government to obtain this service contract on a sole source basis utilizing the OEM.

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.