JA Sole Source FAR 13-5 - Malvern EQP MNT_Redacted.pdf

CUI//SP-SSEL

Control Number:

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

SEPT 2021

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Contracting Command – New Jersey, Joint Armaments Center (ACC-NJ-JA)

2. Description of Action: The U.S. Army Combat Capabilities Development Command - Armaments Center (DEVCOM-AC) requests a Firm Fixed Price (FFP) for service and maintenance to cover on-site service, repair, equipment/parts replacement, hardware upgrades associated with the calibration for Malvern/Panalytical laboratory equipment.

The analyses are accomplished with an array of Malvern/Panalytical instruments. Proper maintenance and timely repairs are crucial for uninterrupted support of the mission.

3. Description of Supplies/Services: The US Army Combat Capabilities Development Command – Armaments Center (DEVCOM-AC) at Picatinny Arsenal is seeking a service/maintenance agreement that shall cover on-site service, repair, equipment/parts replacement, hardware upgrades, and associated calibration for Malvern laboratory equipment. Equipment includes the following items:

Panalytical Zetium XRF, Serial Number Claisse Le NEO Fluxer, Serial Number Malvern Omnisec Resolve CHR7100, Serial Number Malvern Omnisec Reveal CHR6000, Serial Number Haskris Chiller LX3-W2-62XXXE, Serial Number Malvern Mastersizer, Serial Number Malvern Hydro MV, Serial Number

Period of Performance:

Base Period: FY 21 to FY 22 Value:

Option Period 1: FY 22 to FY 23 Value:

Option Period 2: FY 23 to FY 24 Value:

Option Period 3: FY 24 to FY 25 Value:

Option Period 4: FY 25 to FY 26 Value:

Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5 - Exclusive licensing agreements.

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

SEPT 2021

5. Reason for Authority Cited:

As an Original Equipment Manufacturer (OEM) and supplier of thermal analysis and material characterization scientific test equipment, Malvern is the only known source with the specialized knowledge, assets, skills and technologies required to provide calibration, maintenance, and repair services of Malvern equipment. Specifically, Malvern has proprietary knowledge and components required to calibrate and to service such apparatus. They have engineers that are certified and trained to calibrate the equipment per Malvern’s specification. There are no other OEM-approved US vendors who can provide such support service nor who is authorized to purchase Service Parts from Malvern, ISO 17025 Accredited or otherwise.

Part of DEVCOM-AC’s mission is to support the characterization of Propellants, Pyrotechnics, and High Explosives. In order to reliably run the analyzer equipment for material characterization, it is necessary to keep the instruments in working order. This proposed contract will allow for scheduled calibration and the quick repair of the equipment in case of an emergency malfunction.

The Panalytical Zetium XRF and Claisse Le Neo Fluxer were purchased . That system alone was purchased for

It is estimated that replacing all of the Malvern equipment would cost approximately . It has been determined that the preventative maintenance and service contract is deemed economical in comparison.

If this requirement were not awarded to Malvern on a sole source basis, it would negatively affect the programs that are supported by the propellants, pyrotechnics, and high explosives characterization laboratories, causing program delays and/or mission failure, which would ultimately impact the Army’s modernization effort, and prevent new weapons from getting to the warfighter.

6. Efforts to Increase Competition: Competition is not anticipated for this acquisition based on the results of the Market Research for this effort. The Contracting Office shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Actions to increase competition are not possible, because Malvern Panalytical is the sole source provider of factory parts, training, and services for the requiring service and maintenance specifications. This includes all service, preventive maintenance, parts, and calibration procedures developed by Malvern Panalytical.

8. Market Research: Market research indicates that maintenance can only be provided by a sole source distributor as indicated by Malvern Panalytical. Malvern Panalytical is the only manufacturer and sells direct. The market research shows that there is no adequate competition with other companies capable of providing the required service and maintenance, because Malvern Panalytical does not have multiple agents to perform these services.

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts: There are no other facts.

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.

Signature Date:

Title:

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.

Signature: Date:

Title:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

14. Contracting Officer Certification:

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

CUI

(Source Selection Information - See FAR 2.101 and 3.104-4)

Approval

Based on the foregoing justification, I hereby approve the procurement of maintenance services for Malvern Laboratory Equipment for the total dollar value of (inclusive of options) on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.