Redacted JA Sole Source - Malvern EQP MNT.pdf

CUI

Control Number:CAO-24-0273

Justification Review Document For Sole Source - FAR Part 6

Program/Equipment: Malvern Equipment Maintenance

Authority: Title 10 United States Code (U.S.C.) Section 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements: application for brand name descriptions.

Amount:

Prepared by:

Phone:

Date: 06/14/2024

E-mail:

Contracting Officer:

Phone:

Date Reviewed: 14 June 2024 E-Mail:

Technical Representative:

Title: Date Reviewed: 07/16/2024

Requirements Representative:

Title: Date Reviewed: 07/16/2024

Sole Source Justification and Approval Under FAR Part 6

1. Contracting Activity: U.S. Army Contracting Command – New Jersey, Joint Armaments Center (ACC-NJ-JA)

2. Description of Action: The U.S. Army Combat Capabilities Development Command - Armaments Center (DEVCOM-AC) requests a Firm Fixed Price (FFP) contract for service and maintenance to cover on-site service, repair, equipment/parts replacement, hardware upgrades associated with the calibration for Malvern/Panalytical laboratory equipment. Accomplishment of the mission requires the analysis on various samples for research and development, malfunction investigations, and foreign ammo exploitation purposes. The analyses are accomplished with an array of Malvern/Panalytical instruments.

3. Description of Supplies/Services: The US Army Combat Capabilities Development Command – Armaments Center (DEVCOM-AC) at Picatinny Arsenal is seeking a service/maintenance agreement that shall cover on-site service, repair, equipment/parts replacement, hardware upgrades, and associated calibration for Malvern laboratory equipment. Equipment includes the following items:

Period of Performance:

4. Authority Cited: Title 10 United States Code (U.S.C.) Section 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements:

application for brand name descriptions.

5. Reason for Authority Cited:

As an Original Equipment Manufacturer (OEM) and supplier of thermal analysis and material characterization scientific test equipment, Malvern is the only known source with the specialized knowledge, assets, skills and technologies required to provide calibration, maintenance, and repair services of Malvern equipment. Specifically, Malvern has proprietary knowledge and components required to calibrate and to service such apparatus. They have engineers that are certified and trained to calibrate the equipment per Malvern’s specification. There are no other OEM-approved US vendors who can provide such support service nor who is authorized to purchase Service Parts from Malvern, ISO 17025 accredited or otherwise.

Part of DEVCOM-AC’s mission is to support

This proposed contract will

If this requirement were not awarded to Malvern on a sole source basis,

6. Efforts to Increase Competition: Competition is not anticipated for this acquisition based on the results of the Market Research for this effort. Malvern is the OEM and does not have any authorized resellers/service companies to provide the req uired service. The Contracting Office shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Actions to increase competition are not possible, because Malvern Panalytical is the sole source provider of factory parts, training, and services for the requiring service and maintenance specifications. This includes all service, preventive maintenance, parts, and calibration procedures developed by Malvern Panalytical.

8. Market Research: Market research indicates that maintenance can only be provided by a sole source distributor as indicated by Malvern Panalytical. Malvern Panalytical is the only manufacturer and sells direct to the Government. The market research shows that there is no adequate competition with other companies capable of providing the required service and maintenance, because Malvern Panalytical does not have multiple agents to perform these services. Source Sought Notice was posted on 28 Jan 2024 and closed 29 February 2024 with Malvern being the only responder.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts: There are no other facts.

Approval

Based on the foregoing justification, I hereby approve the procurement of maintenance services for Malvern Laboratory Equipment for the total dollar value of on an other than full and open competition basis pursuant to the authority of Title 10 United States Code (U.S.C.) Section 3204(a)(1) as implemented in Federal Acquisition Regulation (FAR) 6.302-1(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements: application for brand name descriptions, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ____ Date: 24 July 2024

Typed Name: Title: