JAFY13-08BrukerBioSpinFBO.pdf

Control No.: FY13-08

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JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION FOR

ACQUISITIONS NOT EXCEEDING $650K

1. Agency/Contracting Activity: Mission & Installation Contracting Command – Dugway Proving Ground

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Mod to Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost Type

Funds: Operation & Maintenance RDT&E Other Funds:

Name of Contractor / Vendor: Bruker BioSpin Street Address: 15 Fortune Drive City, State, Zip Code: Billerica, MA 01821 USA Phone: 510-683-4302

3. Description of Services or Supplies:

The estimated value of the proposed action is $ 419,922.57 This cost includes one 12-month base-period and four 12-month option periods. This proposed action is to obtain an original equipment manufacturer (OEM) service support agreement covering all parts (except for the consumable parts) and a certified technician’s labor, travel expenses and on site visits to maintain the Nuclear Magnetic Resonance (NMR) spectrometer system to include the following:

a. LC-NMR Interface

b. PH CRYOFIT LC 600 MHZ 3 MM

c. CryoPlatform

d. Full console

e. 600 MhZ Magnet

f. BCU-XTREME COOLING UNIT

g. Four NMR Probes Assessories including (1) PA BBO 600SB BB-H-D-05 Z, (2) CP QNP

600S3 F/P/C-H-D-05 Z, (3) CP QNP 600S3 P/C/N-H-D-05 Z, and (4) CP SEF 600S3 F-H-D- 05 Z

The anticipated contract schedule and estimated cost is as follows:

Base Period: 1 April, 2013 – 31 March 2014 for $ 79,888.95 Option Period: 1: 1 April, 2014 – 31 March 2015 for 81,886.17 Option Period 2: 1 April, 2015 – 31 March 2016 for 83,933.33 Option Period 3: 1 April 2016 – 31 March 2017 for 86,031.66 Option Period 4: 1 April 2017 – 31 March 2018 for 88,185.45 $419,922.57 The requiring activity for this service contract is the West Desert Test Center’s (WDTC) Chemical Test Division.

The base term and all option terms will be evaluated at time of award.

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4. Authority:

Actions other than simplified acquisition procedures (select one):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c)(1).

FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c)(2).

FAR 6.302-3: Industrial mobilization; engineering, developmental, or research capability; or expert services, 10 USC 2304(c)(3) or 41 USC 253(c)(3).

FAR 6.302-5: Authorized by statute, 10 USC 2304(c)(5) or 41 USC 253(c)(5).

FAR 6.302-6: National security, 10 USC 2304(c)(6) or 41 USC 253(c)(6).

5. Reasons for Authority Cited:

a. Justification:

Since this system is identified as an OEM item and sophistication of the unique features to be maintained by the original equipment manufacturer, only authorized service providers, and authorized parts/materials can be used on the covered systems. Bruker BioSpin Corporation is the only authorized source that can provide reliable system maintenance, copyrighted TOPSPIN software, and repair using authorized replacement parts and certified technicians.

The Government purchased the LC-NMR Spectrometer in 2007 for $1,509,694.00.

Providing for competition would require the purchase of a new LC NMR spectrometer system resulting in a substantial duplication of cost which would not be recovered through competition (6.302-1(a)(2)(ii)(A). Therefore, the exception to competition at FAR 6.302-1- Only One Responsible Source and No Other Services Will Satisfy Agency Requirements – applies to this requirement.

b. Follow-On Contracts:

c. Contract Extensions or Bridge Contracts

d. Unusual and Compelling Urgency:

6. Actions to Increase Competition:

Based on the explanation in paragraph 5, competition is not feasible or expected for this requirement. This requirement will be synopsized as a combined commercial solicitation / synopsis on the Federal Business Opportunities website (www.fbo.gov) for a minimum of ten (10) calendar days. The synopsis will notify industry of the Government’s intent to negotiate on a sole source basis with Bruker Biospin. If any competitive offers are received in response to the RFQ, they will be reviewed by the requiring agency for technical compliance and any potential cost savings incurred would offset the additional training and life cycle maintenance costs.

7. Market Research:

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Market research-conducted on the public internet to identify independent sources and discussions with the manufacturers over the phone concerning this Bruker BioSpin NMR spectrometer equipped with LC and SPE-have identified that maintenance services must be received from the original manufacturer to ensure proper maintenance using compatible consumable parts and the copyrighted TOPSPIN software. Being the original manufacturer of LC-SPE-NMR spectrometer, Bruker BioSpin is the only source for factory guaranteed new parts as well as factory trained and certified engineers.

Moreover, the proposed service contract is not limited to NMR maintenance but options of its interfaced LC and SPE. Bruker BioSpin does not outsource third party service providers or contractors to perform repairs or other service activities on the Bruker equipment that is currently installed at WDTC/DPG.

A sources sought announcement was published on www.fedbizops.gov on 2/6/13. Bruker BioSpin was the only company that responded to the announcement.

8. Procurement History:

Previous Purchase Order or Contract: Yes No If Yes: W911S6-10-P-0217 Was action competed? Yes No

Authorized authority: Unique Source FAR 6.302-1(b)(1)

9. Additional Information to support the justification.

The Contracting Office awarded the service contract (W911S6-07-P-0335) for procurement and installation of LC-SPE-NMR system on 5 September, 2007. This system was installed in Oct 2008 and was covered under the manufacturer’s original two-year warranty upon completion of the system installation. Subsequently the contracting office awarded three year service contract (W911S6-10-P- 0217) which expires on 31 March 2013. This system will not receive any additional service starting on 1 April 2013. The cost of this system was $1,509,694.00 and any downtime due to lack of maintenance and service jeopardizes test schedules and fails to utilize this piece of equipment.

Extended continuation of this service contract for this system needs to be established, along with a surveillance plan to ensure the contractor provides onsite visits and replace any parts required as needed to maintain the system functional. This action is to ensure that the LC-SPE-NMR is fully operational and available for Test and Evaluation conducted by WDTC/DPG. Any failure to properly maintain the equipment will result in the loss of the Government’s capital investment for procuring the system as indicated in the original procurement service contract.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Christopher Olson Position Title (Division Chief or higher): Chief, Chemical Test Division Email address: christopher.olson25.civ@mail.mil

Signature:

E-Signed by OLSON.CHRISTOPHER.1267025203 VERIFY authenticity with ApproveIt

Date: 20130221

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11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

A price analysis was conducted on the IGE by the Cost/Price Analyst. The base year cost of the IGE is based on the cost of the expiring contract, adding additional coverage for the CP QNP 600S3 G/P/C-H-D-05 Z cryoprobe, and including a 2.5% escalation rate. The estimated cost of covering the cryoprobe is $9,000 per year. This amount is based on the service cost charged for covering an existing CP QNP 600S3 G/P/C-H-D-05 Z cryoprobe. An escalation of 2.5% is anticipated for each option year.

12. Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Local Small Business Specialist:

Name: Elizabeth Reed

Signature:

Date:

Legal Counsel:

Name: Kateni Leakehe

Signature:

Date:

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Signature: Date:

Name: Paul E. Frailey Title: Contracting Officer

Elizabeth Reed

2/21/13

LEAKEHE.KATENI.TANIELA.1179787993 Digitally signed by LEAKEHE.KATENI.TANIELA.1179787993 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=LEAKEHE.KATENI.TANIELA.1179787993 Date: 2013.02.21 13:11:08 -07'00'

FRAILEY.PAUL.ELW

OOD.1298118757

Digitally signed by FRAILEY.PAUL.ELWOOD.1298118757 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=FRAILEY.PAUL.ELWOOD.1298118757 Date: 2013.02.21 14:48:22 -07'00'