Redacted_SoleSource_FARPart13.5.pdf

Control Number: xxxxxxxxxxxxxx

Justification Review Document For Sole Source - FAR Part 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: The US Army Combat Capability Development Command (CCDC)

– Armaments Center (AC) has a requirement to acquire service and maintenance for Mettler Toledo EasyMax Automated Reactor Systems.

Authority: Simplified Procedures for Certain Commercial Items, 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name).

Amount: $xxxxxxxxxxxxxx

Prepared by:

Typed Name: xxxxxxxxxxxxxx Phone: xxxxxxxxxxxxxx Title: xxxxxxxxxxxxxx Date: xxxxxxxxxxxxxx E-mail: xxxxxxxxxxxxxx

Contracting Officer:

Typed Name: xxxxxxxxxxxxxx Phone: xxxxxxxxxxxxxx E-Mail: xxxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxxxxx

Technical Representative:

Typed Name: xxxxxxxxxxxxxx Phone xxxxxxxxxxxxxx Title: xxxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxxxxx

Requirements Representative:

Typed Name: xxxxxxxxxxxxxx Phone xxxxxxxxxxxxxx Title: xxxxxxxxxxxxxx Date Reviewed: xxxxxxxxxxxxxx

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel Typed Name: xxxxxxxxxxxxxx Phone: xxxxxxxxxxxxxx Signature: xxxxxxxxxxxxxx Date: xxxxxxxxxxxxxx

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Contracting Command – New Jersey

2. Description of Action: The U.S. Army Combat Capabilities Development Command - Armaments Center (DEVCOM-AC) requests a new, three-year, Firm Fixed Price (FFP) purchase order for service and maintenance to cover on-site service, repair, equipment/parts replacement, hardware upgrades associated with the calibration for Mettler Toledo laboratory equipment. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

3. Description of Supplies/Services: DEVCOM-AC is seeking a service and Maintenance agreement that shall cover on-site service, repair, equipment/parts replacement, hardware upgrades, and associated calibration for Mettler Toledo laboratory equipment for a duration of 3 years. Equipment includes the following items:

1) EasyMax 102 xxxxxxxxxxxxxxxxxxxxx

2) EasyMax 402 xxxxxxxxxxxxxxxxxxxxx

3) EasyMax 402 xxxxxxxxxxxxxxxxxxxxx

4) OptiMax xxxxxxxxxxxxxxxxxxxxx

5) ReactIR 700 xxxxxxxxxxxxxxxxxxxxx

6) ReactIR 700 xxxxxxxxxxxxxxxxxxxxx

7) ReactIR 700 xxxxxxxxxxxxxxxxxxxxx

8) EasyViewer xxxxxxxxxxxxxxxxxxxxx

9) EasyViewer xxxxxxxxxxxxxxxxxxxxx

10) ParticleTrack G400 xxxxxxxxxxxxxxxxxxxxx

11) G400 Probe xxxxxxxxxxxxxxxxxxxxx

12) G400 Probe xxxxxxxxxxxxxxxxxxxxx

13) RC1mx xxxxxxxxxxxxxxxxxxxxx

14) EasyMax 102 xxxxxxxxxxxxxxxxxxxxx

15) ReactIR 15 xxxxxxxxxxxxxxxxxxxxx

16) ParticleTrack G400 xxxxxxxxxxxxxxxxxxxxx

17) G400 Probe xxxxxxxxxxxxxxxxxxxxx

Base Period: June 2022 to June 2023 Value: $ xxxxxxxxxxxxxxxxxxxxx Option Period 1: June 2023 to June 2024 Value: $ xxxxxxxxxxxxxxxxxxxxx Option Period 2: June 2024 to June 2025 Value: $ xxxxxxxxxxxxxxxxxxxxx

Total: $ xxxxxxxxxxxxxxxxxxxxx

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: The Mettler Toledo Automated Reactor systems are used for xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Service and Maintenance of the Mettler Toledo xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx system is necessary to maintain equipment availability and reliability. As the original equipment manufacturer, Mettler Toledo trains repair technicians on their specific equipment and supplies proprietary parts, software, and specialized tools necessary to maintain the equipment in accordance with manufacturer specifications.

Failure to repair and maintain the equipment in accordance with manufacturer specifications may xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Without availability and operability of the Mettler Toledo xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx to the warfighter.

6. Efforts to Obtain Competition: Competition is not anticipated for this acquisition based on the results of the Market Research for this effort. The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Competition for this action will be limited to the brand name specification. If the Government determines that this brand name service and maintenance is no longer required, the Government will seek competition through other brand names to the maximum extent practicable in the future.

8. Market Research: Market research was conducted xxxxxxxxxxxxxxxxxxx by internet tools, contacting industry professionals regarding pricing of similar services, and querying government databases that provide relevant information on acquisitions.

The customer performed a Google search to find authorized service providers of Mettler Toledo equipment. Mettler Toledo was the only source found.

The customer contacted Mettler Toledo Inc directly xxxxxxxxxxxxxxxxxxx if they have any authorized service providers. A response was received stating that there are no 3rd party service providers that hold an active training certificate or undergone training within the last 36 months for Mettler Toledo AutoChem instruments. Mettler Toledo is the only vendor qualified to service products for which Mettler Toledo is the Original Equipment Manufacturer (OEM).

FPDS-NG, GSA and SAM.gov (formerly FedBizOpps) were queried to see if there were any vendors capable of servicing maintaining the Mettler Toledo automated reactor equipment; none were found. GSA RFQ: 1373534 was posted from 21 Jun 2019 to 28 June 2019 5:00pm, xx vendors were contacted and xx vendor responded no bid, xx did not respond.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History

(1) W15QKN-20-P-0117

(2) Sole Source

(3) Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5

(4) Paragraph 7 of the previous justification stated: “Competition for this action will be limited to the brand name specification. If the Government determines that this brand name service and maintenance is no longer required, the Government will seek competition through other brand names to the maximum extent practicable in the future.” This remains to be true.

(5) N/A

(6) No unusual patterns found.

(7) There have been no significant changes to the circumstances justifying this procurement. The requirement will remain reoccurring so long as the mission of DEVCOM-AC remains as is. A sole source approach to OEM equipment maintenance remains the most practical and effective strategy.

b. There are no other facts.

11. Technical 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.

Signature: xxxxxxxxxxxxxxxxx Date: xxxxxxxxxxxxxxxxx

Typed Name xxxxxxxxxxxxxxxxx Title: xxxxxxxxxxxxxxxxx

12. 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.

Typed Name: xxxxxxxxxxxxxxxxx Title: xxxxxxxxxxxxxxxxx

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable this is based on the independent Government estimate.

Certified cost or pricing data is not required per FAR 15.403-1 (b)(3).

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval

Based on the foregoing justification, I hereby approve the procurement of Service and Maintenance of Mettler Toledo EasyMax Automated Reactor Systems on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.