Single Source 25-055 FE Signed CO (1).pdf

Version 2.0 19Aug2020

SINGLE SOURCE DETERMINATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

FOR AN ACTION NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 13.106-1(b)(1))

(Insert PR/RFQ number, as applicable)

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Fisheries OMB Field Delegates, and National Seafood Inspection Laboratory are writing a new contract for the service and annual preventative maintenance of the PrepFAST IC located at the National Seafood Inspection Laboratory.

2. Description of supplies or services required to meet agency needs (including the estimated value). The National Seafood Inspection Laboratory (NSIL) owns an Elemental Scientific, Inc.

PrepFAST IC. The purpose of this equipment is for the research and analysis of heavy metal toxins in seafood samples. This highly sensitive and complex equipment requires annual preventative maintenance, as required by laboratory ISO 17025 certification, as well as service for repairs that may be necessary to limit downtime of the instrument. Due to the complex nature of the equipment, maintenance, and repair are beyond the normal capability of lab personnel and require highly trained personnel specific to this technology. The estimated value of the service/PM contract is $88,725.00 for 3 years of service and maintenance.

3. Identification of the single source to be solicited.

Elemental Scientific, Inc. Thaddeus Kowal 1500 N. 24th St. 402-590-2930 Omaha, NE 68110 thaddeus@icpms.com

4. Supporting rationale. Only one source or brand name is reasonably available as detailed below:

Exclusive Licensing Agreement/Restrictive Rights/Authorized Reseller - The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required.

o The vendor is the exclusive provider for monitoring the built-in system intelligence to provide remote diagnostics and detailed operation reports.

o The vendor is also the sole source for proprietary factory-recommended software updates/upgrades, engineering upgrades, and maintenance procedures.

o The vendor is also the sole source for proprietary factory-made instrument parts and supplies.

Urgency – The nature of the requirement has been deemed urgent due to the current contract for the instrument expiring in early December with possible delays experienced utilizing the new BAS system. Following competitive procedures would result in unacceptable delays resulting in serious injury to the Government because the instrument would not be able to be used until a new contract was in force, jeopardizing programmatic goals for the laboratory’s mission with the Seafood Inspection Program.

(Insert PR/RFQ number, as applicable)

Other - Only one source is capable o Only vendor service representatives are certified through current and ongoing factory training and hold factory authorization to perform service on this Elemental Scientific, Inc. specific piece of equipment. Services performed by providers who are not factory authorized, can invalidate the warranty.

5. Market Research.

Additional vendors were contacted to provide estimated costs for service/PM on equipment.

However, due to the complex nature of the equipment, only Elemental Scientific, Inc.-certified engineers may be allowed to service the listed equipment. Please see the attached market research based on the proposed laboratory needs.

6. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and that the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

LaShonda Finch Date Administrative Officer

Dr. Jon Bell Laboratory Director Date

Note that NOAA Fisheries policy requires these sole source documents to be signed by a regional administrator, science center director, or Deputy director. See MB Guidance: Sole Source Actions.

1. Determination I hereby determine that the circumstances of this action deem only one source is reasonably available. This determination is accurate and complete to the best of my knowledge and belief.

Suzanne Johnston Date Contracting Officer