P03 Attachment 1 Single Source Justification MPT to SAT NTX Mass Spectrometer Service.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C257-23-AP-1716

JOFOC Log Number: 2023-06-27T09:39:24

1. Contracting Activity: Department of Veterans Affairs, NCO 17, VA North Texas Health Care

System (VANTHCS), 2237 number 549-23-4-190-0093

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

NCO 17 intends to award an open market sole source contract for Mass Spectrometer Service for the VA North Texas Health Care System (VANTHCS). The VANTHCS has need for a base plus two-year maintenance service agreement for the Bruker Matrix Assisted Laser Desorption Ionization- Time of Flight Spectrometry (MALDI-TOF).

The estimated amount for this requirement is $39,011.00 for one year, and $122,163.00 for a base plus two-year contract. Price will be determined fair and reasonable by comparison to vendor quote, previous contract pricing, and the IGE.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

Bruker Scientific LLC (Bruker) is the manufacturer of the Bruker Matrix Assisted Laser Desorption Ionization- Time of Flight Spectrometry (MALDI-TOF) mass spectrometer. No other company has detailed knowledge of the proprietary materials, engineering design, and processes employed in the manufacture of their scientific instruments. Additionally, Bruker provided a sole source letter dated June 20, 2023, that states the services on the mass spectrometer can only be serviced by Field Service Engineers employed and trained by Bruker.

4. Description of market research conducted and results or statement why it was not conducted:

A search of the VetCert database identified 33 SD/VOSBs using NAICS 811210. None of these businesses will be able to provide the required services as they are proprietary to Bruker.

https://www.acquisition.gov/?q=/browse/far/13

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2

A search of SBA’s Dynamic Small business search using NAICS 811210 and keyword “mass spectrometer” yielded four (4) results. None of these businesses will be able to provide the required services as they are proprietary to Bruker.

A Sources Sought Notice was published from 3/6/2023 through 3/13/2023. There were no responses.

A search of GSA eLibrary using the keyword “mass spectrometer” led to Schedule MAS, Category 334516 – Analytical Instruments. There are 97 contractors on this schedule. Of those, 68 are small businesses. Solicitation number 36C25723Q0874 was published on GSA eBuy as a small business set-aside from 6/1/2023 through 6/15/2023. There were six “No Quote” responses received.

Government Scientific Source (GSS), who is a small business and the incumbent contractor, was aware of the solicitation; however, they are unable to continue providing services as Bruker has provided a letter dated 6/20/2023 that states the services on the mass spectrometer can only be serviced by Field Service Engineers employed and trained by Bruker. Therefore, these services will need to be procured as a sole source requirement to Bruker going forward.

This requirement is being procured for a base year plus two option years as the mass spectrometer that is being serviced is nearing this end of its life. Market research will be conducted for the future requirement which will include a new instrument with a service agreement.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-

1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Robyn J. Nussbaum Date Contracting Officer

6/27/2023 https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466 https://acquisition.gov/far/current/html/Subpart%2013_1.html#wp1125466