Intent to Sole Source -Preventive Maintenance and Service for the Bruker Advance III

Notice of Intent to Sole Source

Subject: Sole Source Fixed Price Contract for the procurement of Preventative Maintenance & Repair Services for Bruker Avance III under Request for Quote FDA-RFQ-25Q1285494

Notice of Intent to Sole Source to: Bruker

Pursuant to the authority of 41 USC 3304(a)(1), as implemented by Federal Acquisition Regulation (FAR) Subpart 6.302-1, (there is only one responsible source and no other supplies or services will satisfy agency requirements), the Food and Drug Administration (FDA) intends to award a Sole Source Fixed-Price contract to Bruker located at:

Bruker

15 Fortune Drive

Billerica MA 01821

Tel 805-967-1400

FDA has a requirement to procure Preventative Maintenance & Repair Services for Physical Testing Instruments under Request for Quote FDA-RFQ-25Q1285494 as a sole source acquisition.

Bruker is the sole manufacturer and the only source which provides the maintenance and repair services for the Bruker Avance III.

Bruker provided a letter stating” Bruker BioSpin Corporation and its employees are the sole source for the software, parts, repair and service of all Bruker BioSpin instruments in the United States. Software, parts specific to our instruments and services are only available through Bruker BioSpin Corp. As the original manufacturer of Bruker NMR spectrometers, Bruker BioSpin is the only source for factory

reconditioned parts, as well as new parts. Only Bruker BioSpin engineers are factory trained and certified to repair and service Bruker BioSpin equipment and to perform planned maintenance and operation

qualification. Bruker BioSpin does not outsource (3rd party service providers or contractors in the USA) to perform repairs or other service activities on the Bruker BioSpin equipment.

The NAICS Code for this procurement is: 541990- All Other Professional, Scientific, and Technical Services

This notice is not a request for competitive proposals. However, any party that believes it can meet this requirement as stated herein may submit a written capability statement that clearly supports and demonstrates their ability to perform the requirement. Capability statements must be received by the response date and time of this notice. Submissions will be reviewed to determine if they can meet the requirement. A determination by the Government to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government.

It is anticipated that an award will be issued to Bruker within approximately fifteen (15) days after the closing date of this notice unless the Government determines that any other organization has the capacity to meet this requirement.

Response Date: 10:00 a.m. EST 8/14/2024. Please email responses to Warren Jackson at warren.jackson@fda.hhs.gov