JOFOC_-_Bruker_Service_(2017)_(004).docx

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Justification and Approval for Other than Full and Open Competition (JOFOC)

Control #: ATF17-______ ARQ #DJA-17-ALAB-PR-0032 Page 5 of 5

1. Contracting Activity:

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Office of Management Logistics and Acquisition Division (LAD) Acquisitions Branch 99 New York Avenue NE, 3.S-125 Washington, DC 20226 POC: Simone Rittenhouse, (202) 648-9131 Email: Simone Rittenhouse@ATF.gov

Requesting Office:

ATF Forensic Science Laboratory (FSL-W) 6000 Ammendale Road, Ammendale, MD 20705 POC: Michelle Evans, 202-648-6143, Email: Michelle.Evans@ATF.gov

2. Nature/Description of Action being approved, i.e. sole source, limited competition, establishment of a new source, etc:

This Justification for Other than Full and Open Competition (JOFOC) authorizes and approves the issuance of a sole-source, firm-fixed price purchase order for maintenance of two Bruker X-Ray Powder Diffractometers (XRD), which are proprietary in nature to the original manufacturer.

3. Description of Supplies/Services to include the period of performance and estimated value (including options):

The FSL -W requires a service contract for preventative maintenance and necessary repairs to existing instrumentation (Bruker D8 Advance XRD and Bruker D8 Discover XRD) in the laboratory. The service contract will be five years, from January 1, 2017 through December 31, 2021.

Total for both: $362,328

Proposed Contractor:

Bruker 5465 East Cheryl Parkway, Madison, WI 53711-5373 POC: Jenny Soltis Phone: (800) 234-9729 x3095 Email: Jenny.Soltis@Bruker.com

4. Pursuant to FAR Subpart 6.3 and in accordance with the requirement of FAR 6.303, this J&A is supported by the following statutory authority and reason for statutory authority cited:

Please select one:

5. Demonstration of Contractor’s Unique Qualifications or Nature of the Acquisition that Requires use of Authority Cited:

Given the specialized and proprietary nature of the hardware and software of the Bruker instruments, only Bruker and its technicians are trained and authorized to service and provide maintenance on the Bruker systems. These XRDs are essential to the explosives analyses performed at the FSL-W. It is necessary that these instruments remain operational and provide the highest quality of data. There are no other vendors that can provide maintenance to these Bruker XRDs, which are proprietary in nature to the manufacturer. Denial of this purchase would impede upon and negatively impact ATF’s law enforcement investigations.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable. Include whether or not a FBO announcement will be issued and attached a draft of the FBO notice. Include any exception under FAR 5.202, when not synopsizing. If the justification covers a brand name requirement, this section should address compliance with FAR 5.102(a)(6). Identify if any/similar requirements are anticipated in the future:

A Notice of Intent will be posted via the Federal Business Opportunity (FBO) website for thirty (30) days once this JOFOC has been approved.

7. Determination by the Contracting Officer that the anticipated Dollar Value, including options demonstrates of fair and reasonable cost. Use information such as commercial pricelists or prior acquisition history:

In accordance with FAR 13.106-3(a), a comparison of the proposed pricing was made with historical prices paid for similar laboratory instrumentation.

Combining two instruments from the same manufacturer provides a 5% discount off the list price. The base year cost for each instrument is 3% over the prior year cost. The FSL-W’s Advance system has a sealed detector which increases the cost over the Discover system.

8. Market Research:

Due to the proprietary nature of the instruments, other companies are not authorized to perform maintenance on the Bruker systems.

9. Additional Supporting Facts:

a) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available:

N/A

b) If FAR 6.302-1 is cited for follow-on, state the estimate of cost to the Government that would be duplicated and how the estimate was derived. In addition, state the data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

N/A

c) If FAR 6.302-2 is cited, estimated cost or other rationale as to the extent and nature of harm to the Government.

NA

10. Listing of Sources that expressed a written interest in this acquisition:

N/A

11. Actions Taken to Remove or Overcome any Barriers to Competition:

The Bureau makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The Acquisitions Branch will continue to utilize bidding websites as well as other competitive procedures to promote competition to the maximum extent practicable.

The Requesting Office will continue to research the marketplace and communicate with other agencies, to determine if similar products and/or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature. In the future, competition will most likely depend on if the manufacturer allows other vendors to re-sell and maintain their equipment and related maintenance services.

12. Certifications:

I, the Acquisition Initiator, certify that the facts and representations under my cognizance, which are included in this justification, are accurate and complete.

Reviews and Approvals (See FAR 6.2, 6.3, 6.5, and ATF Order 1400.1 for review and approval requirements under specific circumstances. See attached Route Slip for routing purposes).