Brand_Name_Justification.pdf

Single Source Justification (Simplified Acquisition)

20 Apr 2017 Page 1 of 1

Section A: General Contract Information

Contracting Activity: OL:H/PZIMA

Project/Program Name: Inductively Complete Plasma (ICP) Service Agreement

Purchase Request/Identification Number:

Estimated Contract Cost (including Options): $37,989.00

Section B: Description of the Supplies/Services Required

NAICS code 811219 Annual service and maintenance on Thermo Fisher ICP spectrometer, to include parts, technical support, field service and software maintenance.

Section C: Justification for Soliciting from a Single Source or Brand Name

This requirement is for servicing and maintaining brand name equipment already owned by the Government. The original equipment manufacturer (OEM), Thermo Electron North America LLC, maintains data rights for the software used in the equipment. As such, only OEM field service engineers have the capability of servicing and maintaining the equipment. The OEM allows their field service engineers to be subcontracted which allows for a competitive procurement, however the proprietary software data rights preclude maintenance from being performed by other than brand name service engineers.

Section D: Efforts to Obtain Competition

Market research identified the OEM as the only company capable and willing to work on Thermo Electron equipment. A sources sought was posted on FedBizOps that expired on OCT 4, 2018. The respondent to the sources sought subcontracts with the OEM to provide their servicing and maintenance of the OEM's equipment. This will allow the requirement for maintenance services to be competed among the OEM and contractors that subcontract OEM maintenance and repair services.

Section E: Steps to Preclude Future Single Source or Brand Name Awards

Steps to preclude brand name awards for future requirements will be impossible as long as the OEM maintains proprietary rights to the equipment's software.

Section F: Contracting Officer's Determination

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Date

02-Nov-2018

Typed Name and Rank/Grade of Contracting Officer Charity Simcox

GS 1102-12

Signature of Contracting Officer

Single Source Justification (Simplified Acquisition) 20 Apr 2017 Page of Section A: General Contract Information Section B: Description of the Supplies/Services Required Section C: Justification for Soliciting from a Single Source or Brand Name Section D: Efforts to Obtain Competition Section E: Steps to Preclude Future Single Source or Brand Name Awards Section F: Contracting Officer's Determination I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

9.0.0.2.20120627.2.874785

GS 1102-12

Signature: