Limited Comp_Therm Fisher Lab PM redacted.pdf

Control No: DSC-J&A25-2129

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: Army Contracting Command Redstone Arsenal Corpus Christi Army Depot (CCAD), Contracting Office (CCAM-DSC) 9035 Ocean Dr. Bldg 10, Mail Stop 18 Corpus Christi, TX 78419-5260.

2. Description of Action: Thermo Fisher Lab Equipment PM

Nature: New Requirement

Contract Vehicle: Purchase Order Number _AS44A0-4340-5020 _

Pricing/Contract Type: Fixed Price Funds: Other Funds: Army Working Capital Funds_

FY: 25__

Name of Proposed Contractor(s) and Address

Thermo Electron North America LLC, 1400 Northpoint Pkwy Ste 50, West Palm Beach, Fl 33407-1976

PH: (724) 206-3542.

Brand Name Buy: No

3. Description of Services or Supplies: This is a non-personal services contract to provide an annual Preventive Maintenance (PM) of the Multi Chemistry Analyzer (BC T0017866) and Gas Chromatograph Mass Spectrometer (BC T0022731) with associated component subassemblies. The Government will not exercise any supervision or control over the contract service providers performing the services herein. The period of performance will be a base year plus two (2) 12 month option periods. Total estimated value is $96,399.00.

4. Authority: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited: Thermo Fisher Scientific is the Original Equipment Manufacturer (OEM), holding proprietary rights to the products in question, possessing all the technical knowledge certifications, and training necessary to successfully execute preventive maintenance requirements. Their familiarity with the equipment gives them an insurmountable advantage to troubleshoot and make accurate adjustments. The specialized nature of the work, which requires these certified skills, prevent local CCAD maintenance teams from meeting the quality and efficiency of their technical approach.

There also has not been any evidence that Thermo Fisher Scientific has any authorized vendors who have access to proprietary data or specialized training necessary to meet the Governments requirement.

For the reasons stated above, it has been determined that the best interests of the Government are best served by procuring the specific preventative maintenance services from Thermo Fisher Scientific, as they are the only vendor that can meet the Government’s needs.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 apply and will be followed

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

7. Market Research: Market research has been conducted in accordance with FAR Part 10 by Victor Moreno, Industrial Specialist (January 2025) and Harold Russell Jr, Contract Specialist (March 2025). The following market research techniques were used.

Mr. Victor Moreno, CCAD Industrial Specialist, discussed with knowledgeable persons in Government and industry regarding the commercial nature of this requirement and standard industry practice in this area of supplies/services. These requirements were discussed with Industrial Specialist Joseph Trevino.

Shortly following his meeting with Mr. Tevino, Mr. Moreno then reviewed SAM.gov for relevant service providers.

The contract specialist published SAM.gov Sources Sought on 6 January 2025 with a response date of 17 January 2025. Four vendors responded, Electronic Risks Consultants, Inc., I-2-I Solutions, Inc., TC&J Management LLC, and The Remi Group, LLC. When asked to confirm their ability to execute the work, two vendors submitted responses and two did not. Although two vendors submitted their capabilities statement, Thermo Fisher Scientific does not have any authorized engineers outside of the company that are trained to provide maintenance on the equipment.

8. Other Facts:

Prior History:

W912NW-24-P-0066

Awardee: Thermo-Electron North America LLC (3WXJ7), large business Type: Firm fixed Price Award Amount:$40,500 Period of Performance: 16 Sept 2024 to 17 Mar 2025

NAICS: 811210

9. Technical/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.

Michael Hernandez Branch Chief, Infrastructure Purchasing

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Jennifer Salyers Contracting Officer