Restricting Competition-under-SAT_Redacted.pdf

Control No.: JA-26-Nat-0492

Restricting Competition under the Simplified Acquisition Threshold In accordance with RFO FAR 12.102(a) and RFO DFARS 212.10-70

1. Contracting Activity: U.S. Army Contracting Command, Office of Aberdeen Proving Ground, Natick Division (ACC-APG, Natick Division), 10 General Greene Avenue, Building 1, Natick, MA 01760

2. Description of Action:

Nature: _ _ New Requirement _X_ Follow-on Requirement

Proposed Contract Vehicle: Purchase Order

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

Purchase Request Number:

Funds: ___ Operations & Maintenance, Army (OMA) X Other Funds: RDT&E

FY: 2025

Name of Proposed Contractor(s) and Address:

Malvern Panalytical, Inc.

2400 Computer DR

STE 201

Westborough, MA 01581-1887

Brand Name Buy: Yes X No

3. Description of Services or Supplies: U.S. Army Combat Capabilities Development Command, Soldier Center, Soldier Protection Directorate, Protection Sciences & Materials Division, Chemical Biological Technologies Branch (DEVCOM-SC, SPD, PSMD, CBTB) requires on-site preventative maintenance and repair as needed to ensure proper functioning of the Microactive 3Flex� 3500 Surface and Catalyst Characterization Analyzer and Smart VacPrep 067 preparation station located in Building 4, Room D-300 at U.S. Army Natick Soldier Systems Center in support of its research and development efforts. Specifically, it requires preventative maintenance (labor and travel) to support the proper functioning of test equipment, including 1) one

(1) scheduled preventative maintenance visit per 12-months of service, 2) on-demand on-site service visits with a maximum 72-hour response as needed, 3) priority status for technical support inquiries, 4) factory-certified replacement parts as needed, and 5) software updates and notifications.

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Period of Performance (PoP), including FAR clause 52.217-8 extension(s):

September 8, 2026, to March 7, 2030

Proposed Contractual PoP Base Year September 8, 2026 to September 7, 2027 Option Period One An additional 12-month period Option Period Two An additional 12-month period FAR Clause 52.217-8 Extension(s) Extension(s) for cumulative total not to exceed an additional six (6) months

Total Value:

4. Authority:

41 U.S.C. § 1901(a)(1): To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold.

RFO FAR 12.0001(a): Acquisitions of commercial products or commercial services are subject to other parts of the FAR. This part takes precedence when there is an inconsistency.

RFO FAR 12.102(a): Document decisions to restrict competition, including the use of brand-name descriptions without allowing for �equal� products, as follows: For acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis for the decision.

5. Reasons for Authority Cited:

a. The Microactive 3Flex� 3500 Surface, Catalyst Characterization Analyzer, and Smart VacPrep 067 preparation station are unique and sensitive pieces of equipment with specific parts and components unique to the instruments that can only be sourced from the Original Equipment Manufacturer (OEM), whose successor is Malvern Panalytical, Inc. Maintenance and repairs on these systems must be performed by a service technician trained by the OEM on the specific instrument.

b. The Government was unable to identify alternative vendors capable of providing these maintenance services for these systems.

c. Failure to approve this justification would result in these systems continuing to go without preventative and restorative maintenance harming research and development mission of DEVCOM-SC, SPD, OSND, CBTB in support of the warfighter.

6. Publicizing Contract Actions: For RFO FAR Part 12 actions, the publicization requirements of RFO FAR Part 5 apply. RFO FAR 12.202(a).

The Government intends to publicize a special notice on the Government Point of Entry (GPE), SAM.gov, for interested vendors to state their interest and potential capability to meet this requirement.

7. Market Research: Market research indicates the service falls within the commercial items definition as it is a service customarily used by the general public and has been sold, leased, or licensed to the general public. No other vendor other than Malvern Panalytical Inc. was identified as capable of meeting the Government�s requirement.

8. Other Facts: None.

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.

Signature:

10. Contracting Officer Certification/Approval: 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. The Contractor�s pricing will be determined fair and reasonable based on

. Additionally, I hereby 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.

Signature:

Contracting Officer, ACC-APG, Natick Division