Redacted -JA Sole Source FAR 13-5 - PerkinELmer.pdf

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Contracting Command – New Jersey

2. Description of Action: The U.S. Army Combat Capabilities Development Command - Armaments Center (DEVCOM-AC) requests a new 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 Revvity (formerly Perkin Elmer) laboratory equipment. This proposed contract will allow for scheduled calibration and the quick repair of the equipment in case of an emergency malfunction.

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 Revvity laboratory equipment. Equipment/parts includes the following items and quantities:

Quantity – 1 each, Perkin Elmer STA 6000 Serial 521B18041308 (1PM)

Quantity – 1 each, PolyScience Chiller, Serial 1808-02264 (1PM)

Quantity – 1 each, Perkin Elmer DSC 4000 w/autosampler, Serial 520B4031708 (1PM)

Quantity – 1 each, PolyScience Chiller, Serial 2B1530698 (1PM)

Quantity – 1 each, Perkin Elmer DSC 4000 w/autosampler, Serial 520B20012710 (1PM)

Quantity – 4 each, Perkin Elmer Intracooler, Serial 1D1421980, 2002-00612, 2111-

02662 & 1D13A2251 (1PM)

Quantity – 1 each, Perkin Elmer Spectrum 100 FT-IR, Serial 82525 (1PM)

Quantity – 1 each, Balston N2 Generator, Serial US 3868-E 100368 (1PM)

Quantity – 1 each, Perkin Elmer TL8000 EGA System, Serial 820R2072501 (1PM)

Quantity – 1 each, Perkin Elmer DSC 4000 w/autosampler, Serial 520B21083007 (1PM)

Quantity – 1 each, Perkin Elmer FLEXAR Autosampler, Serial 293H5011904B (1PM)

Quantity – 1 each, Perkin Elmer FLEXAR Column Oven, Serial OVHF141151122 (1PM)

Quantity – 1 each, Perkin Elmer DSC 6000; Serial 523B20030206 (1PM)

Quantity – 1 each, Perkin Elmer STA 6000; Serial 521B19081606 (1PM)

Quantity – 1 each, AC Conditioner, Serial Number: 2205256R-1510004

Quantity – 1 each, DSA Axion MS Probe, Serial Number: DSAN13042601

Quantity – 1 each, Axion TOF MS, Serial Number: TOFN14120201

Quantity – 1 each, UV-Vis Lambda 265, Serial Number: 265K7052401

Quantity – 1 each, STA 6000 w/autosampler, Serial Number: 521B19051705

Quantity – 1 each, STA Chiller, Serial Number: 1812-01842

Quantity – 1 each, DSC 6000 w/autosampler, Serial Number: 52385072001

Quantity – 1 each, FT-IR Spectrometer, Serial Number: C94041

Quantity – 1 each, UPLC-Solvent Delivery, serial number: H15P07040A

Quantity – 1 each, Sampling Module, Serial Number: H15P08039G

Quantity – 1 each, Column Module, serial Number: H15P09029G

Quantity – 1 each, PDA detector, Serial Number: H15P11011A

Quantity – 1 each, UV/VIS- Lambda 650, Serial Number: 650L1504162

Quantity – 1 each, Labsphere, Serial Number: 61015136

Quantity – 1 each, DMA8000, Serial Number: 533L1903251

Quantity – 1 each, TG/GC/MS, Serial Number: 537L14031001 (TGA)/ 648N4100204

(GC/MS)

Quantity – 1 each, Perkin Elmer Spectrum 3 FT-IR, Serial Number: 124487 (1PM)

Quantity – 1 each, Perkin Elmer ATR Sampling Accessory, Serial Number:

PODL231023003 (1PM)

Quantity – 1 each, Perkin Elmer FLEXAR FX-UV/Vis Detector, Serial Number

292S14101361FX (1PM)

Quantity – 1 each, Perkin Elmer FLEXAR UHPLC Dual Binary Pump, Serial Number

291P4092804B (1PM)

Quantity – 1 each, Perkin Elmer FLEXAR Solvent Manager, Serial Number

260S14120103F (1PM)

Quantity – 1 each, Perkin Elmer DSC 4000 w/autosampler, Serial 520B5030905 (1PM)

Period of Performance:

Base Period: FY 24 to FY 25 Value: $118,976 Option Period 1: FY 25 to FY 26 Value: $121,355 Option Period 2: FY 26 to FY 27 Value: $123,783 Option Period 3: FY 27 to FY 28 Value: $126,258 Option Period 4: FY 28 to FY 29 Value: $128,783

Total: $619,155

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited:

Part of DEVCOM-AC’s mission is to support the characterization of Propellants, Pyrotechnics, and High Explosives by performing analysis on various ammunition samples for research and development, malfunction investigations, and foreign ammunition exploitation purposes. The Government performs the analysis using an array of Revvity instruments. Proper maintenance and quick repair of the equipment in case of emergency, are crucial for uninterrupted support of the mission.

As the Original Equipment Manufacturer (OEM) and supplier of thermal analysis and material characterization scientific test equipment, Revvity is the only known source with the specialized knowledge, assets, skills and technologies required to provide calibration, maintenance, and repair services of the equipment. Specifically, Revvity 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 in accordance with Revvity’s specification. There are no other OEM-approved vendors who can provide such support service nor who is authorized to purchase Service Parts from Revvity.

If this requirement were not awarded to Revvity on a sole source basis, it would negatively affect the programs that are supported by the propellants, pyrotechnics, and high explosives characterization laboratories. Malfunctions of unsupported equipment would result in approximately six months of downtime. Downtime would consist of procurement of new equipment and operator training. Six months of downtime would result in program delays and potential mission failure, which would ultimately impact the Army’s modernization effort, and prevent new weapons from getting to the warfighter.

6. Efforts to Increase Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

7. Actions to Increase Competition: The Government will continue to conduct market research on an annual basis in an effort to find viable competition and in accordance with FAR 5.201(b), future requirements will be synopsized. However, no additional actions can be taken to increase competition for the required maintenance services contract.

The equipment/part are manufactured and maintained exclusively by Revvity Health Sciences and contains proprietary parts and software to keep the equipment working within the required specifications. Also, there are no subcontracting opportunities.

8. Market Research: Market research indicates that maintenance can only be provided by a sole source distributor as indicated by Revvity. Revvity is the only manufacturer and sells direct to the Government. Sources Sought Notice W15BW9-24-X-JD02 was posted on 28 Jan 2024 and closed 29 February 2024 with Revvity being the only responder.

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

10. Other Facts:

a. Procurement History:

1) Contract Number: W15QKN-17-C-0068, awarded 08 June 2017

2) Competitive Status: Other than Full and Open Competition.

3) Previous J&A Authority: FAR 13.106-1(b)(1): Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

4) Previous J&A Paragraph 7, Actions to Increase Competition: No actions can be taken to increase competition for the required maintenance services contract.

The equipment is manufactured and maintained exclusively by Perkin Elmer Health Sciences and contains proprietary parts and software to keep the equipment working within the required specifications. Also, there are no subcontracting opportunities.

5) No prior contracts for this requirement were accomplished using Full and Open

Competition.

6) There are no unusual patterns or urgent buys throughout the history of this program.

7) Summary of the Circumstances Justifying the Previous Procurement: The previous procurement was restricted under FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items, Brand-Name, Revvity is the only source capable of providing the required equipment maintenance/repair.

b. Other facts: None

11. Technical 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.

Signature: Date: 06/17/2024______

Typed Name: Robert Decker______________ Title: Equipment Specialist

12. 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.

Signature: ____ Date: 07/08/2024_______ Typed Name: William

DePiero________________ Title: Supervisor PS&EA

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The basis for fair and reasonable price determination will be a comparison of the proposed price to the Independent Government Estimate (IGE). As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Signature: ___________________ Date: 7/12/2024

Typed Name: Kevin Puma ____________Title: Contracting Officer, CCNJ

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ___________________ Date: 7/12/2024

Typed Name: Kevin Puma ____________Title: Contracting Officer, CCNJ

Approval

Based on the foregoing justification, I hereby approve the procurement of service and maintenance to cover on-site service, repair, equipment/parts replacement, hardware upgrades associated with the calibration for Revvity (formerly Perkin Elmer) laboratory equipment for the total dollar value of $619,155 (inclusive of options) on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ___________Date: July 19, 2024

Typed Name: Kevin Puma_______________ Title: Contracting Officer _______