Sole Source Brucker AXS LLC.doc

Notice of Intent to Award Sole Source

It is the intent of the National Archives and Records Administration (NARA) to enter into a sole source, firm fixed price contract with Bruker AXS LLC, 5465 East Cheryl Parkway

Madison, WI 53711, to purchase XRF Spectrometer ARTAX 400.

The proposed contract action will be conducted in accordance with FAR Part 13, Simplified Acquisition Procedures. The NAICS code is 334516, Analytical Laboratory Instrument Manufacturing. The proposed contract action is for products and services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b)(1)(i), Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

Interested persons may identify their interest and capability to respond to the requirement or submit proposals no later than 12:00 p.m. eastern time on August 2, 2021. This notice of intent is not a request for competitive proposals. However, all proposals received after the date of publication of this synopsis and prior to 12:00 p.m. eastern time on August 2, 2021 will be considered by the Government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The Government will not be responsible for any costs incurred in responding to this notice. Direct any questions regarding this announcement in writing to Ms. Denise Martin no later than 12:00 p.m. eastern time on July 26, 2021.

Points of Contact:

Denise Martin, Contract Specialist, denise.martin@nara.gov Santo Plater, Contracting Officer, santo.plater@nara.gov Place of performance: National Archives and Records Administration, 3301 Metzerott Road, College Park, MD 20740.

See Attachment 1 – FAR 13 Sole Source Justification for Commercial Items

SOLE SOURCE (INCLUDING BRAND NAME) JUSTIFICATION FOR COMMERCIAL ITEMS

FAR 13.106-1(b) – Simplified Acquisitions Procedures

National Archives and Records Administration

Office of the Chief Acquisition Officer

8601 Adelphi Road

College Park, MD 20740-6001

BRUKER AXS LLC

XRF Spectrometer ARTAX 400 Technical Requirements Certification:

I hereby certify that this sole source justification for commercial items is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of lack of advanced planning or a desire to expend funds while those funds are still available.

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “SOLE SOURCE JUSTIFICATION FOR COMMERCIAL ITEMS.”

See page 1.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The National Archives and Records Administration (NARA) seeks to award a firm-fixed price purchase order to Bruker AXS LLC for the XRF (X-ray Fluorescence) Spectrometer ARTAX 400, a proprietary system of Bruker AXS LLC.

III.

A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE) This purchase will include a control unit 400/800, terminal ARTAX 3, external connections, Notebook Package, and labor hours.

III. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

The statutory authority permitting other than full and open competition is the Federal Acquisition Streamlining Act, Public Law 103-355 in conjunction with the Competition in Contracting Act, 41 U.S.C § 3304(a)(1) and 41 U.S.C. 1901(e)(2) as implemented by FAR 13.106-1(b)(1)(i), which states “ Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

V.

A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

NARA has been using the XRF Spectrometer ARTAX 400 since 2009 for Science Lab in College Park, MD (RXT). The XRF Spectrometer ARTAX 400 is a specially designed portable unit with an open architecture design and tripod or motorized stage that allows non-destructive XRF analysis and as such continually plays a significant role in the museum and conservation community. The design allows the XRF Spectrometer ARTAX 400 to be positioned very closely but safely to cultural heritage objects, such as historic NARA records, and the elemental analysis to be achieved with no sampling procedure necessary. Upgrading hardware of the XRF Spectrometer ARTAX 400 is necessary to replace parts that are no longer available on the system and to guarantee optimal working condition. Upgrading hardware will ensure that the XRF Spectrometer ARTAX 400 is protected by current annual preventive maintenance contract, remote diagnostics, and priority technical assistance. Historically, Bruker AXS LLC is the only source for this proprietary XRF Spectrometer ARTAX 400 system and this year is no different. Market research using the internet shows that they are still the only source for this system and there is no other source that can meet NARA’s requirement.

VI.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

Bruker AXS LLC is the only source for this proprietary XRF Spectrometer ARTAX 400. An Intent to Award Sole Source will be posted on SAM.gov for 15 days.

VII.

A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer determines that the anticipated price will be fair and reasonable based on market research and price analysis.

VIII.

A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED.

Market research using the internet shows that Bruker AXS LLC is still the only source for this proprietary XRF Spectrometer ARTAX 400 system and there is no other source that can meet NARA’s requirement.

IX.

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION.

N/A X.

A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION N/A

XI.

A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED NARA will continue to review similar hardware to determine if there is a better solution. Currently, the Bruker AXS LLC XRF Spectrometer ARTAX 400 upgrade is our best solution.

XII.

CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

See Page 1.