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This is a Memorandum for Record documenting the justification for limiting competition below the Simplified Acquisition Threshold for a sole source award to Jeol USA, Inc. The requirement is for initial inspection services of a scanning electron microscope (SEM)/energy dispersive spectrometer (EDS) instrument to ensure it can be covered by an Annual Warranty Contract, with a 90-day period of performance after receipt of order.

The sole source justification is based on Jeol USA being the Original Equipment Manufacturer (OEM) who holds proprietary information, drawings, and maintenance procedures for the equipment. The equipment supports the Accident Investigation Branch's forensic failure analysis and chemical analysis for alloy composition at the Corpus Christi Army Depot. The contract will be a fixed-price purchase order funded with Army Working Capital Funds for FY2025. Market research conducted between December 2024 and January 2025 confirmed Jeol USA as the only source capable of performing the required services without violating proprietary rights.

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Control No: DSC-LSJ25-2005

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

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

2. Description of Action: One Time, New Requirement

Contract Vehicle:Purchase Order Number To Be Determined.
Blanket Purchase Agreement (BPA) Number _______________
Order/BPA# _______ against FSS Contract #_____ _________
Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract Modification # _______ to existing PO/TO/DO/Call Order #________________

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: Army Working Capital Funds FY: 2025

Name of Proposed Contractor and Address:

Sole Source to:

Jeol USA, Inc.

11 Dearborn Road Peabody, MA 01960

Brand Name Buy: Yes No

3. Description of Services or Supplies: Service for Initial inspection of the scanning electron microscope (SEM) / energy dispersive spectrometer (EDS) instrument in accordance with Original Equipment Manufacturer (OEM) standards to ensure equipment can be covered by an Annual Warranty Contract.

Period of Performance:90 Days ARO

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: This procurement will be conducted on a Sole Source basis in accordance with the authority of FAR 13.106‐1 (b)(1), soliciting from a single source for requirements under the Simplified Acquisition Threshold.

Material Engineering Branch (MER) use the scanning electron microscope (SEM) / energy dispersive spectrometer (EDS) instrument: to support the Accident Investigation Branch (AIB) forensic failure analysis, chemical analysis for alloy composition, and provide critical production support for the depot. JEOL USA, Inc. is the OEM and holds proprietary information, drawings, and maintenance procedures. No internal or software/hardware can be worked on without violating their proprietary rights this includes work on circuitry, internal processes, software upgrades, and proper maintenance procedures.

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.

7. Market Research: Market Research conducted by Joseph Trevino, Industrial Specialist and Terry Clark, Contract Specialist from 18 December 2024 – 21 January 2025.

Mr. Trevino spoke to Jack Worthington, Material Engineer, CCAD (12/2024); level II acquisition workforce and learned that the scanning electron microscope / energy dispersive spectrometer instrument support the Accident Investigation Branch (AIB) forensic failure analysis program for rotary wing aircraft and perform chemical analysis to determine alloy composition for finite particle analysis.

Mr. Trevino reviewed market research for W912NW23P0020 which was for this piece of equipment.

Since this contract is sole source and the contractor is the OEM and holds proprietary information, drawings, and maintenance procedures there was no need to post an RFI.

Mr. Trevino reviewed the Internet and SAM (12/2024), and searched for Contractors that can perform Preventative Maintenance and Repair of the equipment. Jeol USA, Inc. is the sole source as the Contractor that installed the equipment at CCAD and the Contractor with propriety rights. See section 7.

Mr. Trevino reviewed Jeol USA, Inc. website for information about their maintenance services.

On 21 January 2025 the Contract Specialist performed an Internet search on Google, however no sources were identified. The last contract was reviewed and found to be sole source.

8. Other Facts: N/A

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.

Chief, Equipment Maintenance Division

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.

Contracting Officer

Version – February 2017 image5.png image2.png image6.png

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