LSJ_DIA_First_Defender_RMX_FAR_13_106-1(b)(1).pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

LIMITED SOURCES JUSTIFICATION

SINGLE SOURCE DETERMINATION USING SIMPLIFIED ACQUISITION PROCEDURES

(SAP) AND UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

AUTHORITY: FAR 13.106-1(b)(1)

DIA S&T ATI Thermo Fisher First Defender RMX Handheld Chemical Identifiers Solicitation# 140D0424R0111

1. Contracting activity/agency.

This document is a Brand Name Justification for an Exception to Fair Opportunity for the Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD), Division V Branch V, on behalf of the Defense Intelligence Agency (DIA), Directorate for Science and Technology (S&T), Advanced Technology (ATI).

2. Description of supplies or services required to meet agency needs.

The purpose of this Brand Name Justification for an Exception to Fair Opportunity (JEFO) is to acquire Brand-Name Thermo Fisher First Defender RMX Handheld Chemical Identifiers on behalf of DIA S&T in accordance with FAR 13.106-1(b)(1), which is a new requirement. The Government intends to award a single delivery order using the open market to an authorized reseller.

3. Identification of the limited source(s) to be solicited.

This requirement is to procure a total of two Thermo Fisher First Defender RMX Handheld Chemical Identifiers with an estimated value of $133,056.00. The period of performance will be from award to date of delivery within 75 days of award. ATI already utilizes the Thermo Fisher First Defender RMXs in its programs and its personnel are already trained on its use. The two Thermo Fisher First Defender RMXs acquired through this requirement would be utilized by these same programs and personnel.

Item Description Model# / SKU# Units Estimated Unit Price

Thermo Scientific First Defender RMX Handheld Chemical Identifier 800-00501-01* 2 $66,528.00

4. Reason for the authority cited.

The contracting officer has determined the circumstances of the contract deem only one source reasonably available.

Brand Name - The particular brand name is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs.

5. Rationale.

The Thermo Fisher First Defender RMX is the best handheld Raman spectrometer capable of meeting ATI’s requirements for ease of use, customization and high-quality spectra while also exhibiting rugged portability. It is one of the few handheld Raman spectrometers that meets ATI’s requirement for a wide spectral range. While other manufacturers produce similar products, only the First Defender RMX meets ATI’s requirement for spectral resolution. Furthermore, ATI already possesses a number of First Defender RMX instruments on program. Changing the make and model now would cost the Government by requiring development of new standard operating procedures, retraining of personnel, and extended training of personnel with multiple makes and models.

*May be slightly different for TAA compliance. TAA compliant model must be the same in all specifcations as the model number listed.

LIMITED SOURCES JUSTFICATION

This was solicited on GSA MAS 334519 as a small business set-aside. Vendors notified the CO that the products were not available from small businesses and the decision was made to move to the open market. The Thermo Fisher First Defender RMX is the best handheld Raman Spectrometer and is not available on NASA SEWP. The justification for an exception to fair opportunity being considered is that First Defender RMXare only available on a brand name basis from Thermo Scientific and Thermo Scientific authorized resellers due to the technology’s proprietary nature.

6. Market Research.

The solicitation shall be competed on the open market with a small business set-aside. The Government anticipates awarding a single Firm-Fixed-Price (FFP) contract to the successful quoter in response of the solicitation. Thermo Fisher First Defender RMX are available commercially and can be purchased directly from manufacturer’s and resellers’ websites. Price quotes will be compared to the market price of the items required to determine if each offeror’s price quotes are fair and reasonable. Price reasonableness will be determined in accordance with FAR 15.403-1(c)(1)(i)(B), which provides that a price is based on adequate price competition if two or more responsible quoters, competing independently submitted priced offers that satisfy the Government’s expressed requirement and there is not any finding that the price of an otherwise successful offer is unreasonable. Competing this requirement with a set-aside on the open market is an attempt by the Government to receive at least two prices quotes to increase competition. The Government will also request discounts before price quotes are received.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on comparison of quoted prices with the Independent Government Estimate (IGE), the commercial marketplace, vendor price lists, and competitive prices received in response to the solicitation.

Adequate competition is anticipated.

Under the authority of FAR 13,106-1(b)(1)the undersigned hereby determines the circumstances of this action deem only one source is reasonably available as supported herein.

Lindsay Holmes AQD Contracting Officer