Special Notice - Intent to Award Sole Source - Thermo Electron North America.doc

NARA-883103-24-Q-00007

Notice of Intent to Award Sole Source

It is the intent of the National Archives and Records Administration (NARA) to enter into a sole source, firm fixed price contract with Thermo Electron North America, LLC, 1400 North Point Parkway, Suite 10, West Palm Beach, FL 33407, to purchase a Unity Lab Services Essential Service Plan for a Nicolet iS50 FTIR Spectrometer.

The proposed contract action will be conducted in accordance with FAR Part 13, Simplified Acquisition Procedures. The NAICS code is 811210, Electronic and Precision Equipment Repair and Maintenance. The proposed contract action is for services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b)(1)(i), Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

Interested persons may identify their interest and capability to respond to the requirement or submit proposals no later than 12:00 p.m. eastern time November 7, 2023. This notice of intent is not a request for competitive proposals. However, all proposals received after the date of publication of this synopsis and prior to 12:00 p.m. eastern time November 7, 2023 will be considered by the Government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The Government will not be responsible for any costs incurred in responding to this notice. Direct any questions regarding this announcement in writing to Ms. Cynthia Jones no later than 12:00 p.m. eastern time November 3, 2023.

Points of Contact:

Cynthia Jones, Contract Specialist, cynthia.jones@nara.gov Santo Plater, Contracting Officer, santo.plater@nara.gov Place of performance: National Archives and Records Administration, 3301 Metzerott Road, College Park, MD 20740.

See Attachment 1 – FAR 13 Sole Source Justification for Commercial Items

ATTACHMENT 1

SOLE SOURCE JUSTIFICATION FOR COMMERCIAL ITEMS

FAR 13.106-1(b) – Simplified Acquisitions Procedures National Archives and Records Administration Office of the Chief Acquisition Officer 8601 Adelphi Road College Park, MD 20740-6001

THERMO ELECTRON NORTH AMERICA, LLC

UNITY LAB SERVICES ESSENTIAL SERVICE PLAN

FOR NICOLET iS50 FTIR SPECTROMETER Technical Requirements Certification:

I hereby certify that this sole source justification for commercial items is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of lack of advanced planning or a desire to expend funds while those funds are still available.

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY,

AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “BRAND NAME JUSTIFICATION FOR COMMERCIAL ITEMS.”

See page 1.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

NARA seeks to award a sole source purchase order to Thermo Electron North America, LLC, for the purchase of a Unity Lab Services Essential Service Plan for one Nicolet iS50 FTIR Spectrometer.

III.

A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

This requirement is for a Unity Lab Services Essential Service Plan for one Nicolet iS50 FTIR Spectrometer. The service plan includes one on demand, on-site preventative maintenance visit inclusive of travel cost, labor, and parts; an annual preventative maintenance visit; and priority technical support. The requirement is for one base year plus four option years.

The cost estimate is $====

IV. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING

OTHER THAN FULL AND OPEN COMPETITION.

The statutory authority permitting other than full and open competition is the Federal Acquisition Streamlining Act, Public Law 103-355 in conjunction with the Competition in Contracting Act, 41 U.S.C § 3304(a)(1) as implemented by FAR 13.106-1(b)(1)(i), which states “ Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).” The procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901.

V.

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

Thermo Electron is the manufacturer of the Nicolet iS50 FTIR Spectrometer. Our current FTIR was purchased in July 2022 and is still research grade and supported by Thermo Electron. It was determined that no other companies could provide service to the Thermo Electron spectrometer because of proprietary components. If another company were to service the spectrometer, it would void Thermo Electron’s warranty for parts. Service plans provided by Thermo Electron Unity Lab are the only service plans that would be fully compatible with our spectrometer and ensure that it and all its component parts continue to function to their potential. The required service plan allows for preventative maintenance visit, replacement of parts, software support, and technical support by calling Thermo Electron and addressing issues over the phone that can then be fixed inhouse.

VI.

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.

An Intent to Sole Source will be published on SAM.gov for the required 15 days.

VII.

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

It has been determined that the pricing will be fair and reasonable considering past purchases for the same services and the results of the market research and the potential cost of a repair visit without the service plan. Without the service plan, a repair visit would include the cost of travel, labor, and parts. Losing the support of the equipment manufacturer will be more costly. The Unity Lab Services Essential Service Plan offered by Thermo Electron is the most cost-effective means for maintaining the Nicolet iS50 FTIR Spectrometer in the Science Lab.

VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED.

Market research was conducted to identify companies that may be able to provide the Unity Lab Services Essential Service Plan or a comparable service plan for the Nicolet iS50 FTIR Spectrometer. Internet searches of equipment vendors such as Perkin Elmer, Shimadzu, and Agilent were done to determine if any other companies had a service plan that would be fully compatible with our current spectrometer. It was determined that no other companies could provide service to the Thermo Electron spectrometer because of proprietary components. If another company were to service the spectrometer, it would void Thermo Electron’s warranty for parts. Service plans provided by Thermo Electron Unity Lab are the only service plans that would be fully compatible with our spectrometer and ensure that it and all its component parts continue to function to their potential. The required service plan allows for preventative maintenance visit, replacement of parts, software support, and technical support by calling Thermo Electron and addressing issues over the phone that can then be fixed inhouse.

IX.

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

N/A X.

A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION.

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.

NARA will continue to monitor the market to determine if other service become available that can fulfill our requirement.

XII.

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

See Page 1.