Notice of Intent to Sole Source: Axis Ultra DLS Photoelectron Spectrometer

NOI to SOLE SOURCE- DESCRIPTION: 

The National Institute of Standards and Technology (NIST) intends to negotiate on a sole source basis, under the authority of FAR 13.106-1(b) (1), with Kratos Analytical Inc. (UEI: ZWV6E2HA8KK5), 404 E Route 59, Nanuet, New York, 10954-2936, United States.

The sole source justification is based on the following: 

The National Institute of Standards and Technology's (NIST) Materials Measurement Science Division (MMSD) uses a Kratos Analytical photoelectron spectrometer for multiple NIST projects spanning at least two laboratories and four divisions.  The system consists of an AXIS Ultra DLD. The projects include nanoparticle measurements and standards for biomedical and health applications, including environmental health and safety aspects of nanoparticles, nanoplastics, service life prediction of conventional coatings and newer nanocomposites, using surface measurements on polymer systems and their individual components (inorganic pigments and nano-fillers), with weathering, including UV degradation, and nanostructure fabrication processes.

The MMSD has a need to acquire a service agreement for one (1) base year and one (1) option year for the Axis Ultra DLD Photoelectron Spectrometer.

Kratos Analytical Inc. is the manufacturer of the Axis Ultra DLD Photoelectron Spectrometer and has provided documentation asserting they are the only vendor able to meet all of NIST's minimum requirements for service repair, preventative maintenance, updating firmware/hardware, and software maintenance of the Axis Ultra DLD Photoelectron Spectrometer.  Kratos Analytical Inc. asserts it has not trained or certified any third party to provide maintenance and owns all proprietary rights to its equipment's schematics, hardware, software, drawings, and technical specifications regarding the Axis Ultra DLD. Also, Kratos Analytical Inc. has asserted that it is the sole authorized distributor for replacement parts and services.

The resulting purchase order will be a Firm Fixed Price purchase order. The NAICS Code is 811210 – Electronic and Precision Equipment Repair and Maintenance with a size standard of $34M. 

No solicitation package will be issued. This notice of intent is not a request for competitive quotations; however, interested parties who regard themselves as capable of fulfilling these requirements are invited to submit responses to the Government for consideration. Responses received by 10:00 am EST August 28, 2024, will be considered by the Government. Responses must be submitted via email to the Government point of contacts listed below. 

A determination by the Government not to compete the proposed acquisition based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.