JOFOC - Redacted.pdf

JOFOC No.:

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The proposed contractor is:

EDAX, LLC

780 Commonwealth Dr

Warrendale, PA 15086

4. Identify statutory authority permitting limiting sources.

This acquisition is conducted under the authority for simplified procedures for certain commercial items under 41 U.S.C. 1901 or 41 U.S.C. 1903, under the exceptions listed under FAR 6.302, but modified to reflect the procedures in FAR 13.501(a)(1)(ii).

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

FAR 6.302-2 Unusual and compelling urgency.

FAR 6.302-3 Industrial mobilization; engineering, developmental, or research capability; or expert services.

FAR 6.302-4 International agreement.

FAR 6.302-5 Authorized or required by statute.

FAR 6.302-6 – National Security

FAR 6.302-7 Public Interest

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

In accordance with FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements for a service contract from EDAX LLC for the EDAX Orbis and EDAX Octane XRFs preventive maintenance. These EDAX instruments are essential to explosives and trace analyses performed at the FSL-A and 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 the EDAX Orbis EDAX Octane XRFs, which is proprietary in nature to EDAX LLC.

Denial of this purchase would impede upon and negatively impact ATF’s law enforcement investigations. EDAX LLC has proprietary rights to the design and software utilized in these instrument(s). EDAX LLC is the only company with access to proprietary, performance verified component parts, spare parts, software, technical support, upgrades, and engineering resources to maintain the original operating specifications for your EDAX instrument. EDAX LLC Field Service Engineers (FSE’s) are the only company certified and factory trained engineers available to service these instrument(s). See EDAX LLC sole source document.

Based on internet searches and historical ATF procurements, maintaining a system is at least 20% cheaper than replacing a system.

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8. A description of the market research conducted and the results or the reason market research was not conducted.

Searched SBA.gov (which covers women owned and minority businesses) for “EDAX”, received no hits.

Searched SBA.gov using “XRF” came back with 11 vendors.

o Safenet Services, LLC o ACT Safe LLC o Burnside Enterprises LLC o ISM-XRF-Paladin LLC o AIM Geoanalytics LLC o TEXRAY Laboratory Services o Advanced Research Corp o Micro X-Ray Inc o IXRF Inc.

o Alternate Systems LLC

None provided services FOR XRF (Maintenance/repair)

Searched SBA.gov using “X-Ray Fluorescence”” came back with 4 vendors.

o TEXRAY Laboratory Service;

o ISM-XRF Paladin LLC o H&M Analytical Services Inc

These three vendors utilize XRF, not maintenance services.

o iXRF

Does maintenance and repair for XRF-Energy Dispersive Spectroscopy, which is not one of our systems.

Searched gsaadvantage.gov under “maintenance, repair, and operation, FSSI (BIC) and

EDAX”, received no hits.

Searched XRF and preventative maintenance under services in gsaadvantange.gov:

o INDUSTRIAL WATER ENGINEERING;

o CRITERION LABORATORIES, INC.

o AHTNA PROFESSIONAL SERVICES, INC.

All do services utilizing XRF, not maintenance.

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12. Certifications.

Co-Prepared by:

As the Contracting Officer’s Representative (COR) or Government’s Technical Representative (GTR), I certify the above information is accurate to the best of my knowledge and contains complete data/information necessary to support the recommendation and the basis for this justification.

Cynthia Carter, Program Office Forensic Science Laboratory-Atlanta/Forensic Chemist

As the Contracts Specialist, I reviewed the information presented above by the program office, this information is complete and accurate to the best of my knowledge. I recommend to the Contracting Officer it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

Brian Palmer, Contracts Specialist Office of Management - Acquisitions

As the Contracting Officer and based on the information presented by the program office, the information is complete and accurate to the best of my knowledge, and it is in the best interest of the US Government to pursue other than full and open competition for this requirement.

Amanda Boshears, Contracting Officer Office of Management - Acquisitions

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Reviewed by:

John Klar, Small Business Advisor Office of Management/Property, Acquisitions & Safety Division

Approved by:

Amanda Boshears Contracting Officer5 Office of Management/Property, Acquisitions & Safety Division

4 For all actions over $500K, OCC review is required.

5 CO is the final approval for all actions $750K and below.