SPECTRO MAXX SOLES SOURCE SIGNED.pdf

W912NW20Q0032

Version – February 2017

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

1. Contracting Activity: Army Contracting Command – Redstone Arsenal, Corpus Christi Army Depot, Contracting Office 9035 Ocean Dr. Bldg. 10, Mail Stop 18.

2. Description of Action:

Nature: Follow-on Requirement Contract Vehicle: Purchase Order Pricing/Contract Type: Fixed Price Funds: Army Working Capital Funds Fiscal Year 2020

Name of Proposed Contractor(s) and Address:

Spectro Analytical Instruments Inc.

91 Mckee DR.

Mahwah, NJ, 07430 Cage: 0ML16

Brand Name Buy: Yes No

3. Description of Services or Supplies: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, quality control, and other items and non-personal services necessary to perform Preventive Maintenance and Calibration on the Spectro Maxx LMM05 Optical Emission Spectrograph.

Base Year:

0001 – PM services for Spectro Maxx LMM05 – Qty: 1 – UoM: Each 0002 - Man Power Reporting – Qty: 1 – UoM: Each

Option Period One (1):

1001 – PM services for Spectro Maxx LMM05 – Qty: 1 – UoM: Each 1002 - Man Power Reporting – Qty: 1 – UoM: Each

Option Period Two (2):

2001 – PM services of Spectro Maxx LMM05 –Qty: 2– UoM: Each 2002 – Man Power Reporting – Qty: 1 – UoM: Each

Base Period: _19 May 2020__ to _18 May 2021__ Value: $_8,000__ Option Period 1: _19 May 2021__ to _18 May 2022__ Value: $_8,000__ Option Period 2: _19 May 2022__ to _18 May 2023__ Value: $_8,000__

Total: $_24,000.00_

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.

5. Reasons for Authority Cited: The Spectro Maxx Optical Emission Spectrograph is a highly sophisticated non-destructive testing laboratory equipment. The equipment was purchased from and installed by SPECTRO Analytical Instruments Inc. It contains proprietary software and integrated components that cannot be serviced by CCAD personnel or any other source. This software is required for equipment calibration and operation. Software updates and preventive maintenance are required to prevent safety of flight issues and critical system failures related to mandatory analytical procedures.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101. Requirement to post justification in accordance with FAR 13.105(c). Action is NOT a brand name restriction and is under $150K, no posting required

7. Market Research: The Government evaluated the mandatory sources of supply and determined none would meet the Governments current need. The Government used various search engines and web sites like, Google, PCF, and GSA to search for the services for the Spectro Maxx preventative Maintenance (PM) being requested. It has been determined that the product and the services can be purchased commercially.

The previous requirement was awarded a base plus 2 option under Purchase order (PO) W912NW-17-P-0082. This Previous PO was sole sourced, firm fixed price PO to Spectro Analytical Instruments Inc., 91 McKee Dr., Mahwah, NJ 07430, cage code:

0ML16, a Large Business under NACIS code: 811310.

Spectro Analytical Instruments Inc. is the original equipment manufacturer (OEM) of the Spectro Maxx LMM05, based on my internet searches no other sources were identified that were capable of providing the PM services on this equipment. Currently Spectro Analytical Instruments Inc. is the only company that can provide the PM services at this time that will meet the Governments current and future requirement.

8. Other Facts: N/A

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.

Michael J. Paddack Chief, Equipment Maintenance Division

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 market research and price analysis of prices paid for the item within the Commercial market and what the Government previously paid.

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.

Archie Covington Contracting Officer