Notice of Intent to Make a Purchase from Other Than Full and Open Competition

This Notice is being posted as a Notice of Intent to make a sole source purchase using other than full and open competition. The USDA, ARS, NADC, Ames, IA Location has a requirement/need for an upgrade kit, Thermo Electron Option-20306 LTQ Orbitrap Velos-Orbitrap Velosprol to an existing spectrometer, Thermo Fisher LTQ Orbitrap Velos mass spectrometer in accordance with the following Statement of Work and Minimum Requirements Specifications: Statement of Work: USDA/ARS/NADC, Ames IA Location currently owns a ThermoFisher LTQ Orbitrap Velos mass spectrometer. Recently Thermo Fisher has released an upgrade kit that will significantly increase data acquisition speeds and increase the time before the instrument needs to be cleaned. The location has a need/requirement to purchase this upgrade. ThermoFisher is the only manufacturer of parts for the instrument currently in use for our research and any third party attempts to add to this instrument will void all warranties and service contracts that cover this instrument. Minimum Requirements Specifications: 1) Brand Name or Equal Option-20306 LTQ Orbitrap Velow-Ortitrap VelosPro upgrade. 2) 701-491700, Installation charge, including travel, labor, pre/post-upgrade system testing. 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. This Notice of Intent is subject to the following clauses in the Federal Acquisitions Regulations and are hereby attached by reference. These clauses can be found in full text at http://www.acquisitions.net: 52.202-1 - Definitions 52.203-5 - Covenant Against Contingent Fees 52.203.6 - Restrictions on Subcontractor Sales to the Government 52.303-7 - Anti-Kickback Procedures 52.211-5 - Material Requirements 52.211.6 - Brand Name or Equal 52.222.29 - Notification of Visa Denial 52.223-13 - Certification of Toxic Chemical Release Reporting 52.223-14 - Toxic Chemical Release Reporting 52.225-13 - Restrictions of Certain Foreign Purchases 52.232-1 - Payments 52.233-3 - Protest After Award 52.243-1 - Changes - Fixed Price The following Federal Acquisition Clauses (FAR) are attached herein: 52.223-13 - Certification of Toxic Chemical Release Reporting 52.233-2 - Service of Protest 52.244.6 - Sub-contacts for Commercial Items 52.223-13 Certification of Toxic Chemical Release Reporting. As prescribed in 23.906(a), insert the following provision: Certification of Toxic Chemical Release Reporting (Aug 2003) (a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award. (b) By signing this offer, the offeror certifies that- (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.] [ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; [ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); [ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); [ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (A) Major group code 10 (except 1011, 1081, and 1094. (B) Major group code 12 (except 1241). (C) Major group codes 20 through 39. (D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or [ ] (v) The facility is not located in the United States or its outlying areas.. (End of provision) 52.225-18 Place of Manufacture. As prescribed in 25.1101(f), insert the following solicitation provision: Place of Manufacture (Sept 2006) (a) Definitions. As used in this clause- " Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. (b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. 52.233-2 Service of Protest. As prescribed in 33.106, insert the following provision: Service of Protest (Sept 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USDA/ARS, Randa Plotner, Purchasing Agent, 1101 W. Peabody Drive, 180 NSRC, Urbana, IL 61801 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION (SOLE SOURCE) TITLE: 1. AGENCY AND CONTRACTING ACTIVITY: USDA/ARS/NADC, Ames, IA Location DESCRIPTION OF ACTION: USDA/ARS/MWA, DESCRIPTION OF SUPPLIES/SERVICES: USDA/ARS/NADC, Ames, IA Location has a need/requirement for an upgrade kit to an existing mass spectrometer. AUTHORITY CITED FAR Part 6.302-(ii) (A) and FAR Part 5.102-6 REASONS FOR AUTHORITY CITED. FAR Part 6.302 (ii) - Supplies may be deemed to be available only from the original source in the case of a follow-on contract or 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. EFFORTS TO OBTAIN COMPETITION: Notice of Intent to make Sole Source purchase from other than Small Business posted in FedBizOps. THIS IS A NOTICE OF INTENT TO SOLE SOURCE ONLY and the SOLICITATION IS NOT CURRENTLY AVAILABLE. This notice is for information and planning purposes only and shall not be construed as a solicitation or an obligation on the part of the government. For more information please contact: Randa Plotner, Purchasing Agent, USDA, ARS, MWA, Contracting Office, 11 01 W. Peabody Drive, Urbana, IL 61801, no later than 08/02/2011. Proposals 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 email below. Contracting Office Address: 1101 W. Peabody Drive 180 NSRC Urbana, IL 61801 Place of Performance: United States Primary Point of Contact.: Randa Plotner Purchasing Agent randa.plotner@ars.usda.gov Phone: (217) 244-3262 Fax: (217) 244-7703