JA 25-003 NMR FOLLOW-ON 1-8-25 signed__Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No.: FY25-003

JUSTIFICATION REVIEW DOCUMENT

FAR 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Maintenance and Repair of Bruker AVNEO 600 MHz NMR system, system ID # 10275775 for the Chemical Test Division, West Desert Test Center, Dugway Proving Ground.

Authority: Simplified Procedures for Certain Commercial Items, Title 41 U.S.C. 1901 as implemented by FAR 13.5.

Amount:

Prepared by:

Contracting Officer:

Technical:

Jeremy A. MacDougall Contracting Specialist Email:

jeremy.a.macdougall.civ@army.mil

Paul E. Frailey Contracting Officer Email: paul.e.frailey.civ@army.mil

DSN: 789-3429

DSN: 789-2587

Requirements:

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

' Date: See digital signature mailto:jeremy.a.macdougall.civ@army.mil mailto:paul.e.frailey.civ@army.mil

FAR 13.5 Simplified Procedures for Certain Commercial Items Sole Source Justification and Approval

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC)- Dugway Proving Ground, 5330 Valdez Circle, Dugway, UT 84022.

2. Description of Action: Dugway Proving Ground Chemical Test Division (CTD) requests a firm-fixed-price contract with . The Government projects award for March 2025 and fiscal year 2025, RDTE funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to contract W911S6-20-P-0009. That contract was not competed under authority FAR Part13.501-(a)(2)(i) Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C.

3304(a)(1) “Actions to Increase Competition” of the previous justification, stated A sources sought posted on Sam.gov on 02 March 2020. No interest from industry was the result, which was expected. Those actions were accomplished by posting to Sam.gov.

See the previous approved justification (FY20-010).

3. Description of Supplies/Services: Dugway Proving Ground Chemical Test Division (CTD) has a requirement for the Maintenance and repair of the Bruker AVNEO 600 MHz NMR system, system ID # 10275775 and associated consoles, cryoprobes and magnets.

All hardware and software will be covered except for components not manufactured by

Bruker AVNEO 600 MHz NMR system, system ID # 10275775 with the following items:

a. Labscape Comprehensive - Console coverage

b. Labscape Comp Magnet coverage w/3 Helium Fills per year

c. Labscape Comp CP BBO 600S3 BBF-H-D-05 Cryoprobe

d. Labscape Comp PA BBO 600S3 BBF-H-D-05 probe cover

e. Labscape Comp PH MASDVT600S3 BL3.2 probe cover

f. Labscape Comp Cyroplatform coverage

g. Labscape Comp SampleCase sample changer coverage

h. Labscape Comp BCU II Cooling Unit coverage

This equipment is located at West Desert Test Center (Ditto Area) CTD at Dugway Proving Grounds, UT.

PERIOD OF PERFORMANCE:

Base Period: March 25, 2025, to March 24, 2026 Value: $123,444.00 Option Period 1: March 25, 2026, to March 24, 2027 Value: $126,530.10 Option Period 2: March 25, 2027, to March 24, 2028 Value: $129,693.35 Option Period 3: March 25, 2028, to March 24, 2029 Value: $132,935.69 Option Period 4: March 25, 2029, to March 24, 2030 Value: $136,259.08 FAR 52.217-8 March 25, 2030, to September 30 2030 Value $ 68,129.78

Total Value: $716,992.00

4. Authority Cited: Title 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Other: 13.501-(a)(2)(i) Only one responsible source and no other supplies or services will satisfy agency requirements. This acquisition is conducted under the authority of United States Code (U.S.C.) 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1).

5. Reason for Authority Cited:

The AVNEO 600MHz NMR system was procured and installed in 2018, and the warranty period expired on June 25, 2020. At that time, CTD acquired and currently has an existing service contract with which will expire on March 24, 2025. The cost of this system was about 1.5 million dollars and any downtime due to lack of maintenance and service jeopardizes test schedules and fails to utilize this piece of instrumentation.

Continuation of this service contract for this system must be established, along with a surveillance plan to ensure the contractor provides on-site visits and replaces any parts required as needed to maintain the system and keep it functional. This action ensures the NMR is fully operational and available for Test and Evaluation conducted by WDTC/DPG. Any failure to properly maintain the equipment will result in the loss in the Government’s capital investment for procuring the system as indicated in the original procurement service contract.

This system is identified as an OEM item, is the only authorized source that can provide system maintenance and repair, which uses proprietary replacement parts. The AVNEO 600 MHz NMR system

Alternatives. There are no alternative service providers that have direct access to OEM parts such as the cold head for the NMR cyroplatform, which is required to be changed annually. If the cold head is not changed annually then the cyroplatform will fail and the NMR will be unusable. are the only personnel that can provide the service for the NMR such as changing the cold head.

Additional Supporting Information: Not Applicable

Impact if not completed: The current service contract period expires on March 24, 2025. This high magnet system needs to have a regular maintenance from the

If CTD doesn’t have the contract with CTD will run into the risk of losing the NMR which costs $1.5 million and will have negative effects on test schedules. In addition, if the NMR has no proper maintenance performed, we will lose the control of the magnet that leads to boil-off of liquid Helium which will cause a large amount of helium gas in the building. High level of helium gas could cause asphyxiation or death due to suffocation from lack of oxygen.

6. Efforts to Obtain Competition: On March 04, 2024, research was performed on the following companies on the internet: (1) Resonance Technologies, LLC at www.resonanceconsultingnmr.com. Resonance Technologies is not the OEM of the NMR system. (2) MR Resources at www.mrr.com. MR Resources is also not the OEM of the NMR system. A non-OEM company would be required to buy the parts from the OEM to perform the annual preventative maintenance and any repairs. This would delay repairs and maintenance of the NMR because parts are proprietary to and would have to be purchased from . The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition:

on March 04, 2024 research was performed on two other companies on the internet that provide NMR service: MR Resources at www.mrr.com and Resonance Technologies at www.resonanceconsultingnmr.com. The research showed that the non-OEM vendors would not be able to provide necessary service to meet the requirements of the AVNEO

NMR.

8. Market Research: A sources sought posted on Contract Opportunities

Market research-conducted on the public internet to identify independent sources and discussions with the manufactures over the phone concerning this spectrometer have identified that maintenance services must be received from the original manufacturer to ensure proper maintenance using compatible consumable parts and the copyrighted TOPSPIN software. Being the original manufacturer of AVNEO NMR spectrometer, is the only source for factory guaranteed new parts as well as factory trained and certified engineers.

9. Interested Sources:

http://www.resonanceconsultingnmr.com/ http://www.mrr.com/ http://www.mrr.com/ http://www.resonanceconsultingnmr.com/

10. Other Facts:

a. Procurement History

Vendor:

Award date: May 19, 2020 Competitive Status: Sole source Authority cited: 41 U.S.C. 1901 for Special Emergency Procurement as implemented by FAR Subpart 13.5

Contract number: W911S6-13-P-0046 Vendor:

Award date: March 2013 Competitive Status: Sole source Authority cited: (if less than full and open competition was used)

If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. No significant changes in the service providing industry have been identified that can meet the needs of the AVNEO NMR

b. If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. No prior service contract was awarded as a full and open competition bid. Prior service contract was awarded as a Sole Source contract.

c. An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. NOT APPLICABLE

d. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. No significant changes.

e. Class J&A: This Class J&A will cover all future actions for these items/services (as appropriate). Each action will be supported by a memorandum for record stating the action is within the scope of the class J&A in each contract file.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Chemist, Chemical Analytical Branch

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Chemist, Chemical Analytical Branch

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Effort will be made to compare and ensure that the cost of the new contract is in line with that of the current service contract. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Paul E. Frailey Contracting Officer

D.1298118757 Digitally signed by

FRAILEY.PAUL.ELWOOD.1298118757

Date: 2025.01.14 08:35:18 -07'00'