Justification and Approval ARTAX Service Agreement - Posting (2).docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001

Bruker AXS Inc. ARTAX XRF System Service Agreement

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION”

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NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The National Archives and Records Administration (NARA) requires approval of an other than full competition to limit competition with a sole source procurement for “ARTAX XRF System Service Agreement”, a proprietary system of Bruker AXS LLC.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE) NARA has been using the ARTAX XRF System since 2009 for Science Lab in College Park, MD. (RXT). The ARTAX is a specially designed portable XRF unit with an open architecture design and tripod or motorized stage that allows non-destructive XRF analysis and as such continually plays a significant role in the museum and conservation community. The design allows the instrument to be positioned very closely but safely to cultural heritage objects, such as historic NARA records, and the elemental analysis to be achieved with no sampling procedure necessary. To continue support a service agreement of the ARTAX XRF System is necessary to guarantee optimal working condition of the instrument. The service agreement will ensure that the ARTAX XRF System is protected by annual preventive maintenance, remote diagnostics and priority technical assistance. For this reason NARA has requested pricing for the ARTAX XRF System service agreement.

1. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

41 U. S. C. 3304(a)(1) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1.

1. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED ARTAX XRF System has been in use by NARA for the science lab since 2009 and requires a service agreement for optimal working condition. Historically Bruker AXS LLC is the only source for this proprietary service agreement and this year is no different. Market research using the internet shows that they are still the only source for this service agreement and there is no other service agreement that meets NARA’s needs.

1. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

The contractor’s (Bruker AXS LLC) proprietary service agreement for the ARTAX XRF System is the only source that can fulfill the requirement. In accordance with FAR 5.2, the proposed contract action will be publicized at the government point-of-entry[footnoteRef:1]. [1: FedBizOpps.gov ]

VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer determines that the anticipated price will be fair and reasonable based on market research and price analysis.

VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

Market research shows that Bruker AXS LLC is still the only source for this service agreement and there is no other service agreement that meets NARA’s needs.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION. SEE FAR 6.303-2(a)(9)

N/A

N/A

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

Annually NARA will review similar service agreements to determine if there is a better solution. Currently Bruker AXS LLC, ARTAX XRF System service agreement is our best solution.

XII. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

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ARTAX XRF System Service Agreement J&A 1