Intent to Sole Source - Service and Maintenance of Panalytical, Epsilon 5

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6 , as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. NAICS Code: 811219 - Other Electronic and Precision Equipment Repair and Maintenance. The U.S. Environmental Protection Agency (EPA) intends to negotiate a Sole Source Purchase Order under Simplified Acquisition Procedures to Panalytical Inc. 117 Flanders Road, Westborough, MA 01581, for the acquisition of Level 4 services and maintenance agreement for the Epsilon 5 Energy dispersive X-Ray Spectrometer, PIN: 9430.850.00321, for One (1) Year and Four (4) One Year Optional Periods, for a total of Five (5) years of performance if all options are exercised. The Level 4 support agreement includes: • Unlimited emergency calls with a 48 Hour on-site response time during normal business hours, (8:00 am to 5:00 pm), including travel, parts and labor. • Two preventive maintenance on-site visits per year which includes travel, parts and labor during normal business hours. • Technical Phone Support during normal business hours. • Hardware and software upgrades and notifications. • Limited remote diagnostics during normal business hours. • Consumable parts are not included under this agreement. The EPA has identified Panalytical Inc, as the only vendor capable of satisfying this requirement. The circumstance permitting "Other than Full and Open Competition" is FAR 13.106-1 (b) only one source reasonably available. Any vendor disagreeing with Panalytical Inc. as the only reasonable source for this service has the opportunity to demonstrate their compliance with the requirements stated in this combination Synopsis/Solicitation. The vendor must also provide written proof from the equipments manufacturer, (Panalytical Inc.) that they are certified to service the Epsilon 5 and provide fully compliant Panalytical Inc. parts/supplies and assume full responsibility for all work performed on the equipment. Interested parties who can meet the above requirements may submit a written quotation including statements, fully explaining their capability no later than February 23, 2009. Submit response to the Point of Contact listed in this Synopsis/Solicitation. No telephonic requests will be honored. The purchase order issued in support of this requirement will include the following Federal Acquisition Regulation (FAR) Clauses as applicable in FAC 2005-29: The provision at 52.212-1, Instruction to Offerors - Commercial Items, applies to this acquisition. The provision at FAR 52.212-2, Evaluation - Commercial Items is incorporated and the Government intends to award a contract resulting form this Solicitation to that responsible offeror whose offer conforming to the Solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate the offers: The specific evaluation criteria to be included in paragraph (a) of that provision are: (1) Technical - Technical capability of the item offered to meet the Government's minimum requirements based on examination of product literature or technical approach narrative. Consideration will be given to quotes that exceed the stated minimum requirements. (2) Price. (3) Past Performance - Please submit a minimum of three (3) a maximum of five (5) references. The offeror must complete and submit with its quote FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The following FAR Clauses will be incorporated as part of FAR Clause 52.212-5: 52.219-28: Post-Award Small Business Program Representation 52.222-3: Convict Labor 52.222-21: Prohibition of Segregated Facilities 52.222-26: Equal Opportunity 52.222-36: Affirmative Action for Workers with Disabilities 52.222-50: Combating Trafficking in Persons 52.225-13: Restriction on Certain Foreign Purchases 52.232-33: Payment by Electronic Funds Transfer - Central Contractor Registration