66 -- MALDI TOF MS SERVICE CONTRACT

Description:This is a Notification of Intent to Sole Source for commercial items prepared in accordance with the format in FAR Subpart as follows: JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (SOLE SOURCE) TITLE: Service Contract for Existing Equipment Ettan MALDI TOF Pro-Mass Spectrophotometer SN 1096850 1) AGENCY AND CONTRACTING ACTIVITY: USDA/ARS/MWA, Photosynthesis Research Unit, Urbana, IL Location, Photosynthesis Research Facility. 2) DESCRIPTION OF ACTION: A Service Contract is needed for a highly sophisticated piece of existing equipment with proprietary software provided by Thermo Electron North America, LLC. Considerable savings to the Government can be realized by entering into an agreement for these services. 3) DESCRIPTION OF SUPPLIES/SERVICES: Labor, parts and loan of alternate equipment in case of lengthy service requirements for the existing equipment. 4) AUTHORITY CITED: FAR Part 6.302-1 (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in (A) substantial duplication of cost to the Government that is not expected to be recovered through competition. 5) REASONS FOR AUTHORITY CITED: Service of this sophisticated instrument would be costly to the government if sought from outside sources due to the software being proprietary and the necessity to find parts and labor to complete necessary repairs. Alternative equipment would need to be sought resulting in a great expense if the repairs required lengthy down time.6) EFFORTS TO OBTAIN COMPETITION: A substantial duplication of cost to the Agency in time and effort would be made if competition were sought. 7) FAIR AND REASONABLE DETERMINATION: Costs of labor and parts for repairs to the existing equipment would be prohibitive without a Maintenance Agreement.8) MARKET RESEARCH: Thermo Electron North America, LLC is the only reliable source proven to be capable to provide the expert repairs for this equipment. 9) OTHER SUPPORTING FACTORS: See Attachment Exhibit C 10) INTERESTED SOURCES: N/A11) ACTIONS TO INCREASE COMPETITION: N/A 12) 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: Name Plant Physiologist Purchasing Agent Certification: I certify that the facts and representations under my cognizance which are included in this justification are accurate and complete to the best of my knowledge and belief. Name _/s/Randa Plotner Date 6/09/2007 Randa Plotner, Purchasing Agent, as supplemented with additional information included in this notice. Exhibit 7C(ii) Justification for Other Than Full and Open Competition Checklist All justifications should contain: A 1) Information based on substantial facts: USDA/ARS/MWA, Photosynthesis Research Unit is in need of a Service Contract Renewal for a piece of existing equipment. This instrument is a highly sophisticated with proprietary software. 2) Clear and complete discussion of reasons why competitive quotations are not practical. Contract is for existing equipment. The original vendor must be used in order to provide service, labor, parts and loan of alternate equipment in case of lengthy service requirements. Searching for an alternative vendor would not be cost effective to the Government. 3) Sufficient explanation to allow a person without technical competence in the area to follow the rationale: Alternate vendors would not have the technical expertise required to repair and maintain this instrument. Costly delays to the research being conducted could result from a lack of a viable service contract. B 4) Facilities or specialized equipment: Labor, parts and preventive maintenance including one preventive maintenance visit and unlimited emergency on-site visits for problem resolution. The plan also includes consumables as specified as well as 2 hour technical support response time, automatic case logging, software updates and access to available online support resources. 5) Availability of technical data and other information, including drawings and specifications: See Support Plan Quotation No. 20051008. This announcement constitutes the only notification; quotes are being requested and written solicitation will not be issued. Notification No. AG-518P-S-07-AA033 is being issued as a Notice of Intent to Sole Source. This notice and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-16. THE SALIENT CHARACTERISTICS: 1) Payment Plan - Annual in Advance Additional Yearly Support Plan Cost - No additional Charge 2) Maintenance and Service Agreement as specified in Quote No. 20051008 dated July 1, 2007 through June 30, 2008 for Instrument described as follows: Material: ETTAN MALDI TIME OF FLIGHT SERIAL NO. 1096850 - The Essential Support Plan includes one preventive maintenance visit and unlimited emergency on-site visits for problem resolution. Coverage is provided during normal business hours, 8:00 AM through 4:30PM Monday through Friday, 5 visits. The plan also includes consumables as specified by a Thermo engineer during the preventive maintenance visit, repair parts (non-consumable) for the on-site emergency visits, 2 hour technical support response time, automatic case logging, software updates and access to available online support resources. Exclusions: Consumables such as anti arc bonnet baffles, buffer/center/oscillator/power tubes, burner heads, callibration standards, detectors, diaphragms, extenal gas control or venting equipment, filters, fuses, glow plugs, graphite parts, glassware items, software media, spray chambers, stylet, torches, tubing and work coils. Also excludes components that cannot be repaired or replaced due to lack of availability from Thermo Supplier (obsolescence). Complete system replacement is not covered under the contract. DESCRIPTIVE LITERATURE: Offerors shall submit 2 copies of the descriptive Literature describing their proposed Maintenance Plan in enough detail to ascertain whether the Plan meets the criteria listed above. REJECTION OF QUOTE: Failure to demonstrate compliance will be cause to reject the quotation without further discussions. All responsible sources may submit an offer which will be considered. The following provisions and clauses apply to the acquisition and can be found in full text at http://www.arnet.gov/far/loadmainre.html. FAR 52.252-1, Solicitation Provisions provided by Reference are as follows: FAR 52.204-6, Data Universal Numbering System (DUNS) Number (Provide with Quote); FAR 52.212-1, Instructions to offerors Commercial Items; FAR 52.212-2, Evaluation Commercial Items; FAR 52.212-3 Offeror Representation and Certifications Commercial Items (Provide with Quote); FAR 52.214-21, Descriptive Literature (Provide with Quote); FAR 52.204-7, Central Contractor Registration (All offerors must be registered in the Central Contractor Registration (CCR) Database in order to receive an award. The website address for registration is: http://www.ccr.gov); and FAR 52.222-22, Previous Compliance Report. FAR 52.252-2 Clauses Incorporated by Reference, FAR 52.212-4, Contract Terms and Conditions Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items apply to this acquisition. FAR 52.222-3, Convict Labor (E.O. 11755); FAR 52.222-19, Child Labor; 52.222-21 Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Special Disabled Veterans; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-37, Employment Reports on Special Disabled Veterans; 52.225-3, Buy American Act North American Free Trade Agreement Israeli Trade Act; 52.225-13, Restriction on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration (3 U.S.C 3332); 52-232-36, Payment by Third Party (31 U.S.C 3332) and FAR 52.233-3, Protest After Award. The above FAR clauses may be viewed at http://acqnet.gov/far SHIPPING: FOB Destination. DOCUMENTS INCLUDED IN QUOTE: In order to be considered for award Offerors shall provide 1) a quotation on company letterhead detailing the item description, unit price 2) descriptive literature, brochures; 3) at least 3 to 5 references for the proposed plan. References must have received the proposed plan within the last three (3) calendar years (Government references are preferred but will accept commercial references). References shall be provided for the plan proposed and if possible include e-mail address of contact person; and 4) Offerors shall include a completed copy of the provisions FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS, with this offer; a copy of this provision may be obtained at http://acqnet.gov/far. DELIVERY TO: USDA/ARS, 197 ERML, 1201 W. Gregory Drive, Urbana, IL 61801. PROPOSAL PRICE MUST INCLUDE any freight or shipping for replacement parts as well as any applicable duties, brokerage, or customs fees. DELIVERY DATE DUE: The Government requires delivery on or before 30 days after award, however, each offeror shall include their proposed delivery schedule as part of their quotation. FAR 52.212-2 EVALUATION COMMERCIAL ITEM, the significant evaluation factors, in the relative order of importance are (i) technical capability of the plan offered to meet the Governments requirement including delivery date; (ii) past performance; and (iii) price (based on F.O.B Destination), technical and past performance are more important that price. EVALUATIONS & AWARD FACTORS The contract resulting from this notification will be awarded to the responsible party whose offer, conforming to the notification is determined most advantageous to the government, cost and other factors considered. Each quote shall respond to each of the evaluation factors identified below. With the exception of past performance, a technical evaluation will be performed on each quote based solely on the information furnished and not on previous knowledge and associations. The evaluation factors are as follows: (1) Technical Evaluation Factors: A) All quotes will be rated by comparing descriptive literature against the salient characteristics. B) Delivery C) Warranty: Explain all details of the warranty. If an extended warranty is available explain details of extended warranty including price and availability after initial warranty expires. The Offeror shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Governments rights under the Inspection clause nor does it limit the Governments right with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The contractor shall provide a copy of its standard commercial warranty (if applicable) with this response. Any amendment and documents related to this procurement will be available electronically at the Internet site: http://www.fbo.gov. Potential offerors will be responsible for downloading their own copy of those documents related to this procurement. Furnish quotes to Randa Plotner, Purchasing Agent, USDA/ARS/MWA, 1101 W. Peabody Drive, 180 NSRC, Urbana, IL 61801, no later than the above specified date. Quotes and other requested documents may be provided by facsimile to 217-244-7703 if desired. Additional information may be obtained by contacting the Contracting Officer at 217-244-3262 or e-mail to randa.plotner@ars.usda.gov.