RSLF-23-00131 - SSJ - CO Signed.pdf

OPOAM 3013.106-1(b)(1) Sole Source Justification (SSJ)

For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified Acquisition Threshold (SAT) pursuant to FAR 13.106, including Brand Name

Sole Source Justification for Simplified Acquisitions (over the micro-purchase threshold and up to the SAT) Template Rev. 1/30/2018 1-1

SSJ No.: FY23-00167

Date: 08/01/2023 PR Number: RSLF-23-00131

1. Nature and/or description of the item/service being procured and anticipated cost:

In an effort to keep previously purchased Thermo Fisher Scientific equipment and instruments operational and to protect the substantial investment already made, the Transportation Security Laboratory (TSL) is interested in acquiring a service agreement for this equipment and instrumentation. The TSL is specifically requesting Service Agreement from Thermo Fisher Scientific consisting of approximately a nine-month base period. This agreement will cover all parts, labor, and travel charges for the duration of the contract. The total procurement value is $59,721.40.

2. Sole Source Justification Rationale in accordance with FAR 13.106-1(b)(1)(i). (Check one and explain below):

___X__ __ Only one source reasonably available.

_________ Urgent and compelling circumstances exists.

_________ Exclusive licensing agreement exists.

________ _ Brand name. If the brand name requirement applies to a portion of the procurement, please identify that portion.

_______ __ Industrial Mobilization _______ __ Other. Explain:

Nine potential vendors were examined but only one source (i.e., Thermo Scientific via Unity Laboratory Services) was identified to be a viable and qualified service provider. The other eight vendors were not able to meet the requirements of the TSL as they were not able to service all the TSL-owned Thermo Scientific instruments. For example, Full Spectrum Group noted on their website that they are capable of servicing Thermo Ion Chromatography (IC) systems but are unable to support Gas Chromatography (GC), Liquid Chromatography (LC) or Deionized (DI) water systems. In another example, Garden State Scientific only provided support to Agilent, Waters, and Shimadzu instrumentation.

The TSL-owned Thermo Fisher Scientific equipment spans multiple analytical platforms and are in cases highly specialized instruments for the TSL unique applications. These instruments consist of ion chromatography, headspace gas chromatography, liquid chromatography mass spectrometry, and deionized water purification systems.

OPOAM 3013.106-1(b)(1) Sole Source Justification (SSJ)

For Simplified Acquisitions (over the micro-purchase threshold and up to the Simplified Acquisition Threshold (SAT) pursuant to FAR 13.106, including Brand Name

Sole Source Justification for Simplified Acquisitions (over the micro-purchase threshold and up to the SAT) Template Rev. 1/30/2018 1-1

In the past, the TSL attempted to use third party contractors for the ongoing maintenance of this highly specialized scientific equipment. Based on government knowledge, a prior contract was awarded to a small business which claimed it was capable of servicing the TSL-owned Thermo ICs at the TSL.

The contract was not renewed due to the use of non-genuine Original Equipment Manufacturer (OEM) parts, lack of technical knowledge of the support staff, long response times, etc. The small business had to subcontract the service to the OEM to repair the ICs due to these identified concerns which greatly impacted the TSL mission and its ability to support its internal and external customers.

It is for these reasons that obtaining an ongoing service agreement from Thermo Fisher Scientific is the recommended path forward.

3. The anticipated price will be determined fair and reasonable based on one or more of the price analysis techniques described below in accordance with FAR Part 13.106-3(a)(2). (Check one and provide short explanation or description of action taken):

_____X___ Market Research.

_________ Comparison of the proposed price with prices found reasonable on previous purchases.

_________ Current price List.

_________ Comparison with similar items in a related industry.

________ Comparison to IGCE.

_________ Contracting Officer’s personal knowledge.

_________ Other.

The internet was searched for companies that could provide ongoing maintenance of the highly specialized Thermo Fisher Scientific equipment and instruments.

Market research indicated that only one viable contractor was feasible for the two LC systems and DI water system as detailed in Section 2 above.

4. Approval:

Contracting Officer Date