J--Notice of Intent to Sole Source for the Malvern Panalytical Empyrean Service Ag
Contract Overview
Solicitation details, issuing organization, response deadlines, documents, and interested companies for this government contract opportunity.
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The Department of Energy’s National Energy Technology Laboratory intends to renew the service agreement for the Malvern Panalytical Empyrean x-ray diffractometer on a sole source basis with Malvern Panalytical, Inc. for the period from July 15, 2026, to July 14, 2027. This action is justified by the instrument’s reliance on proprietary technology, manufacturer-specific components, and exclusive service protocols that only the original equipment manufacturer can provide. Use of any non-OEM service provider would risk compromising the unit’s warranty, functionality, and safety due to the need for exact replacement parts and access to confidential design, calibration, and diagnostic information. Market research has confirmed that Malvern Panalytical, Inc. is the only source capable of delivering the required service, with no viable alternatives existing in the market. This notice serves as an opportunity for other parties to demonstrate their ability to meet the requirement by submitting written evidence of capability to Contract Specialist Arturo Manantan no later than 5:00 PM EDT on July 10, 2026. Responses must be sent via email and will be evaluated solely to determine whether competition is feasible; failure to respond or insufficient proof will result in the government proceeding with the sole source award. The procurement will be conducted under FAR Part 12 for commercial products and services, and the place of performance is in Morgantown, West Virginia. Only written submissions received by the deadline will be considered—telephone inquiries will not be accepted.
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Full Description
In accordance with Revolutionary FAR Overhaul (RFO) Part 12, Acquisition of Commercial Products and Commercial Services, the Department of Energy (DOE), National Energy Technology Laboratory (NETL) intends to award a purchase order on a sole source basis to Malvern Panalytical, Inc. for the Empyrean Service Agreement Renewal with a Period of Performance from 07/15/2026 to 07/14/2027. The x-ray diffractometer instrument covered by this service agreement has manufacturer specific components that require direct contact with the original equipment manufacturer (OEM) for service and troubleshooting. Exact replacement parts must be used in order to assure continued safe, reliable, and satisfactory operation of the unit. The OEM maintains proprietary information on the systems’ designs, service procedures, electronics, attachments, and calibration methods. Any services and maintenance performed by other companies would jeopardize the OEM warranty. This is considered a sole source to Malvern Panalytical, Inc. because, to the best of the NETL’s knowledge, based on market research conducted, Malvern Panalytical, Inc. is the only known source that can provide this service for the Empyrean research x-ray diffractometer. No known potential alternate sources exist which could satisfy NETL's requirement.
This notice of intent is not a request for quote/proposal. Any interested party that believes it can meet the NETL requirement described herein may identify themselves and must provide evidence of their capability to fulfill the requirement being requested by 5:00 PM EDT on July 10, 2026. Responses must be submitted in writing to the Contract Specialist, Arturo Manantan, via email at arturo.manantan@netl.doe.gov no later than the time and date noted above. Telephone responses and requests will not be received.
A determination by the Government not to compete this requirement based on responses to this notice is solely within the discretion of the Government. Information received will be considered solely for determining whether to conduct a competitive procurement.