Service Contract for Malvern Panalytical X-Ray Fluorescence Spectrometer

The purpose of this update is to add additional text to the requirement for performing onsite services as indicated in bold font under paragraph number 3 in the Description section. The due date for accepting responses to this NOI is extended until Oct. 30th at 12pm, ET. All other terms and provisions remain unchanged.

NOTICE OF INTENT TO SOLE SOURCE

Contracting Opportunities Announcement Type: Special Notice
Announcement Number: AMDTCNOI2500112
Title: Service Contract for Malvern Panalytical X-Ray Fluorescence Spectrometer

Introduction
This is a notice of intent, not a request for a quotation. A solicitation document will not be issued, and quotations will not be requested.

Purpose
The National Institute of Standards and Technology (NIST) intends to negotiate a firm-fixed priced purchase order on a sole source basis with Malvern Panalytical, Inc., located at 2400 Computer Drive, Westborough, MA 01581-1887. The purchase order will specifically procure a preventive maintenance and repair service contract for an existing Malvern Panalytical Axios Max X-Ray Fluorescence Spectrometer for a 12-month period of performance, plus three additional 12-month option periods. The Period of Performance shall be effective from December 1, 2024, through November 30, 2025, with three option years that may extend the performance period by up to an additional three 1-year periods, not to exceed a total of four (4) years inclusive of base and all option periods.

Authority
This acquisition is being conducted under the authority of FAR Subpart 13.106(b)(1) allowing the Contracting Officer (CO) to solicit from one source. The North American Industry Classification System (NAICS) code for this acquisition is 811210 Electronic and Precision Equipment Repair and Maintenance with small business size standard of $34,000,000.

Description
The Materials and Structural Systems Division (MSSD) in the Engineering Laboratory (EL) at NIST is involved in the analysis, standards and codes involving a wide range of construction materials, including cement clinker, cement, fly ash, blast furnace slag, aggregate, and composites. MSSD currently owns a Malvern Panalytical Axios Max X-ray fluorescence spectrometer, manufactured by Malvern Panalytical, Inc., and is seeking a repair service and preventive maintenance contract for the spectrometer, which is used to perform elemental composition of cementitious minerals, hydraulic cement, fly ash, slag, clays and other materials by qualitative and quantitative analyses. MSSD seeks to obtain preventive maintenance and repair services on the Axios Max X-ray fluorescence spectrometer, SN 202785, and associated components, which is currently owned and operated by NIST.

The Contractor shall provide service by an authorized service technician that includes preventative and corrective maintenance, using original equipment manufacturer (OEM) authorized service engineers and repair parts for the Axios Max X-ray fluorescence spectrometer, SN 202785, Primary Beam Filters: Brass (100 m, 400 m), Al (200 m, 750 m), Beam crystals: LIF (220, 220), Ge 111 curved, PE curved, PX1, Programmable collimator mask, Flow detector window (2 m), Autosampler, Associated optics and ancillary components for instrument, and Computer and instrument control networking and software updates.

The service provider shall provide two (2) preventative maintenance (PM) visits per annual performance period in accordance with this requirement, including options, if they are exercised. Each visit shall be performed within NIST's normal operation hours (Monday through Friday; 8:30 a.m. ET through 5:00 p.m. ET). All travel, labor, and supplies necessary for performance of the preventative maintenance visits shall be the responsibility of the Contractor. The Contractor shall make reasonable commercial efforts to perform onsite services within 48-hours of notification during normal business hours using OEM authorized service engineers and repair parts.

Sole Source Determination
The sole source determination is based on the following:

Malvern Panalytical, Inc. is the sole provider of preventive maintenance and repair services in the United States for systems manufactured by Malvern Panalytical, Inc. No other maintenance or repair service provider is available that is authorized by Malvern Panalytical, Inc. The preventive maintenance services required by NIST are available from only one responsible source, Malvern Panalytical, Inc., and no other type of supplies or services will satisfy agency requirements. For purposes of continuity of science, Malvern Panalytical, Inc., is the only source that can fully achieve this requirement and the required services must be purchased directly through Malvern Panalytical, Inc. No other sources exist that can achieve this requirement.

Information for Interested Parties
Interested parties that believe they could satisfy the requirements listed above for NIST may clearly and unambiguously identify their capability to do so in writing by or before the response date for this notice. This notice of intent is NOT a solicitation.

Any questions regarding this notice must be submitted in writing via email to Hunter Tjugum, Contract Specialist, at Hunter.Tjugum@nist.gov. All responses to this notice of intent must be submitted via email to hunter.tjugum@nist.gov so that they are received not later than 12:00 PM, Eastern Time, on 10/30/2024.

Each response should include the following Business Information:

a. Contractor Name, Address,
b. Point of Contact Name, Phone Number, and Email address
c. Contractor (SAM) Universal Entity Identification (UEI)
d. Contractor Business Classification (i.e., small business, 8(a), woman owned, HUBZone, veteran owned, etc.) as validated in System for Award Management (SAM). All offerors must have an active registration in www.SAM.gov.
e. Capability Statement