Service of Rigaku SuperNova X-ray Diffractometer

Template last updated 10/26/2016 DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION (ACTIONS $150,000 AND BELOW) 1. DESCRIPTION OF PROPOSED PROCUREMENT: A maintenance contract that includes a yearly preventive maintenance service call, as well as on-demand repairs for all components of a Rigaku, SuperNova single crystal x-ray diffractometer system, including the following: Oxford Cryo system (Series 800) Rigaku x-ray detector (EOS S2) 2. PROPOSED CONTRACTOR/MANUFACTURER: Rigaku America Corporation 9009 New Trails Drive The Woodlands Texas, 77381 CAGE: 4K781 DUNS: 063561625 SAM EXPIRATION DATE: 04/26/2018 3. ESTIMATED TOTAL VALUE: Basic contract: Option #1: Option #2: Option #3: Option #4 TOTAL 4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION: 41 USC 1901(e)(2) implemented by FAR 13.106(b)(i) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements 5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE: The Energetic Materials Science Branch (EMSB) within the Weapons & Materials Research (WMRD) Directorate at the US Army Research Laboratory (ARL) recently acquired a Rigaku Supernova X-ray Diffractometer system with a cost of $349,960.00 purchased under contract W911QX-16-P-0044. Under this contact the system purchased consisted of integrated high-tech components which are proprietary to Rigaku. Due to the nature of the procedures, the key system components being proprietary, and because any third party service of the instrument would void the warranty Rigaku is the sole provider of the required system maintenance. A survey was conducted by internet search for licensed providers of service/maintenance to the Rigaku equipment noted above. Rigaku was the only vendor found with the required knowledge of the proprietary systems that can perform the service without voiding the warranty. In an effort to maintain the continuity of research and decrease the risk of failure of the expensive equipment, Rigaku is the only responsible source. Disruptions in the continuity of research could result in months of lost time and over $150,000.00 from lost productivity, decrease in revenues from customer projects, incurred subcontracting costs, or a combination thereof. 6. MARKET RESEARCH CONDUCTED/EFFORTS TO OBTAIN COMPETITION: - Engines Research Mechanical Engineer, Vehicle Technology Directorate, with years' experience in related fields conducted Market research on 21 and 22 February 2017 During the market research phase; - No appropriate category to search for required service on https://hallways.cap.gsa.gov/ was found (21 Feb 2017). - Search of very inclusive terms (single crystal x-ray diffractometer) on https://www.contractdirectory.gov/contractdirectory/ did not reveal any hits (21 Feb 2017). - A search of https://www.gsaadvantage.gov/advantage/main/start_page.do did not produce a hit for a GSA pricing by requested vendor. A call to the service contract administrator on 21 Feb 2017 corroborated that vendor did not offer GSA pricing. - A Google search of several combinations of the relevant terms (maintenance, contract, single x-ray diffractometer, SuperNova) did not produce any significant findings except for wellknown vendors such as Bruker (www.bruker.com) or Panalytical (www.panalytical.com), which service only their instruments. - Per the Rigaku service administrator, Rigaku does not use third party vendors to service their single crystal x-ray instruments. Oxford Cryosystems (www.oxcryo.com) may offer a maintenance-service contract for the cryosystem; however, this is only one of the many components used in the Rigaku diffractometer. Over 50-years of combined experience by . and of ARL on a variety of high-end scientific instruments, suggests that the vendor of a complete system generally provides the best value to the government for service of their instrument because of their unique knowledge of the integration and control of the components and because any service of the instruments by 3rd party companies would void their warranty. To afford competition in the future periodic market research and analysis will be conducted to ensure other potential vendors are being sought out. ************************************************************************************************* 7. FAIR AND REASONABLE PRICE DETERMINATION: It has been determined that the anticipated cost to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief. In the future, more research to locate vendors able to provide this item should be conducted as the original warranty may have expired. 7/7/2017 X Benjamin Shelton Contracting Officer (KO) Signed by: