Revised Sole Source JA ICP KO Signed Redacted.pdf

Control No: JA-25-Nat-0451

Version – February 2017

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

1. Contracting Activity: Service Agreement for iCAP RQ Quadrupole ICP-MS Spectrometer

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number 0012296894 Blanket Purchase Agreement (BPA) Number Order/BPA against FSS Contract # Order against Multiple Award IDIQ Contract Name 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: RDTE

FY: 2025

Name of Proposed Contractor(s) and Address:

Thermo Fisher Scientific LLC 1400 Northpoint Pkwy Suite 10 West Palm Beach, FL 33407-1976

Brand Name Buy: Yes No

3. Description of Services or Supplies

The Thermo Fisher Scientific service plans cover yearly preventative maintenance, Onsite repair visits (travel and labor), factory supplied parts for repair, consumable parts required for repair, software updates, additional software Compliance and Software Services, Compliance and Software Services, and Software maintenance agreement (SMA)

For Actions with Options*:

Base Period: 30 June 2025 to 29 June 2026 or Value: $ 9.404.00 Option Period 1: 30 June 2026 to 29 June 2027 or Value: $ 9,874.20 Option Period 2: 30 June 2027 to 29 June 2028 or Value: $ 10,367.91

Total: $29,646.91

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.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

a. This Contractor is the only acceptable source as they are sole source for factory-recommended replacement parts, sole source for proprietary software updates, sole source for proprietary factory-recommended upgrades, and sole source contact for factory authorized escalation services. There is no third-party vendor that can provide these unique capabilities and there are no other companies that can provide the critical proprietary software updates.

b. Thermofisher- is the only acceptable service provider as all the instruments the government owns ($500K value). Proprietary use of Qtegra software is required because the ICP-MS can only function using that specific software and no other company can provide the updates and service technical issues related to the software.

c. This mission will be hindered if this service is not provided as the instruments would be obsolete. The cost to replace it would be well over $350,000 to replace this instrument. The cost of repairing this instrument if it is not covered under the service agreement could be too costly and the instrument would become defunct. Mission critical work could not be executed if this instrument was decommissioned.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $9.404.00 Threshold, apply and will be followed, or do not apply due to an exception at 5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: The market research that was conducted was calling companies that provide similar service agreements. They were unable to say that they can provide the required software updates needed for the instrument. They were also not able to provide factory authorized parts for the instrument and all the subcomponents. The other companies could not ensure their Field service engineers were certified and trained for the ICAP6000.

8. Other Facts: This service agreement would be with the manufacturer. They are the only provider that can supply the required software updates. This is proprietary software (QTEGRA) that is required to run both instruments (ICP-MS). Thermo Fisher Scientific is the only company with access to proprietary: performance verified component, parts, spare parts, software, technical support, upgrades and engineering resources to maintain the original operating specifications for your Thermo Fisher Scientific instrument.

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.

Typed Name: Eric Brack Date: 05/27/2025 Title: Research Chemist

Signature:

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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 and ability to complete the required maintenance for both instruments. This vendor can provide service for both instruments under the same award.

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.

Typed Name: Brandon Rivett Date: 05/28/2025 Title: Contracting Officer

Signature:

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