JOFOC for Purchase Order 68HERW26P0221

What the buyer wrote

U.S. Environmental Protection Agency

Justification for Other than Full and Open Competition

This is a single source acquisition, pursuant to the requirements of RFO FAR 12.102(a): For acquisitions valued at or below the simplified acquisition threshold (SAT), document the decision that only one source is available and the basis of the decision, in accordance with RFO FAR 6.103(a), see 10 U.S.C. 3204 and 41 U.S.C. 3304.

1. Contracting Activity: Environmental Protection Agency; Office of the Chief Procurement Officer; Water, Tribal, and Science Division.

2. Nature and/or description of the action: This acquisition is for preventive maintenance and recertification services for three Government-owned Thermo Fisher Scientific QuantStudio 5 instruments, serial numbers 272510830, 272510827, and 272510468. The period of performance is a 12-month base plus four 12-month option years.

3. Description of the Supplies or Services: The EPA requires ongoing preventive maintenance and recertification for the QuantStudio 5 instruments in order to ensure safe, accurate, and reliable operation. Continued service is necessary to maintain operational readiness, data integrity, and equipment performance.

4. Authority: [Check appropriate exception.]

Exception (* = abbreviated) [x ] Single Source

FAR Cite: RFO FAR 6.103-1(b)

5. Describe how the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited: Thermo Fisher Scientific, doing business as Life Technologies, is the original manufacturer of the QuantStudio 5 instruments and is uniquely qualified to provide the required preventive maintenance and recertification services. Because the instruments are OEM-specific, Thermo Fisher has direct access to proprietary technical information, manufacturer-approved parts, calibration specifications, and certified service procedures necessary to maintain the equipment in accordance with the manufacturer’s warranty.

6. Describe the efforts made to ensure that offers are solicited from as many potential sources as practicable: Solicited price quotes from other contractors.

7. The contracting officer determines that the anticipated cost to the Government will be fair and reasonable: A complete analysis of costs using commerciality, previous history and COR knowledge concludes that the cost is fair and reasonable.

8. Description of the market research conducted (see FAR Part 10). If no market research was conducted, state the reasons: Market research was conducted by soliciting quotes from other contractors. This research confirmed that while other sources may provide general laboratory service support, they do not have the same manufacturer-specific qualifications, access to OEM parts, or ability to perform the required recertification in accordance with Thermo Fisher’s warranty.

9.Other facts supporting the use of other than full and open competition. As the manufacturer of the equipment Thermofisher has better access to manufacturer parts for service if needed. From previous history, they are more responsive to service requests as other contractors may use sub-contractors for service calls.

10. List sources that expressed, in writing, an interest in the acquisition. If no sources expressed an interest in writing, indicate such. N/A

11. Include 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. N/A

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

SEE ATTACHED!