The Department of Commerce, National Institute of Standards and Technology (NIST), intends to negotiate a firm fixed price purchase order, on a sole source basis, with TA Instruments of New Castle, Delaware for the purchase of an Isothermal Calorimeter under other than full and open competition.
 
NIST cites FAR 6.302-1(a)(ii)(A) and (B) (see excerpt below) as primary rationale for Sole Source Determination.

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for 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.

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 253 (d)(1)(B).)

Sole Source determination is based on the following: The TA Instruments isothermal calorimeter will be used in conjunction with an existing calorimeter recently purchased by NIST. In order to combine data, the calorimeter must be 100% compatible with the existing TA Instruments calorimeter currently at NIST. Deviations away from the TA Instruments isothermal calorimeter would cause needless replication of key equipment, compatibility issues and would result in significant duplication of cost to NIST in both hardware and man-hours. TA Instruments is the sole manufacturer and distributor of this system. As a result, TA Instruments is uniquely qualified to satisfy the Government's minimum requirements.

Delivery shall be FOB Destination, Gaithersburg, MD, and be completed in accordance with the Contractor's commercial schedule.

The North American Industry Classification System (NAICS) code for this acquisition is 334516, and the size standard is 500 employees.

No solicitation package will be issued. This notice of intent is not a request for competitive quotations; however, interested persons may identify their interest and capability to respond to this requirement. The Government will consider responses received by 3:00 p.m. (EST) on March 31, 2011. Inquiries will only be accepted via email to [email protected]. No telephone requests will be honored.

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 in the future.

 

 

 

Bid Protests Not Available