2019-02-27_Waters_Brand_Name_Justification.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION –

BRAND NAME SOLE SOURCE

1. Identification of the Agency/Project/Sponsor

The requirements of this procurement will be used by the Agricultural Marketing Service (AMS).

Procuring Activity: USDA, AMS, Science & Technology, LATD, National Science Laboratory (NSL) Gastonia, NC

2. Nature of Action Being Taken

This is a sole source justification recommendation to purchase unique technical support & preventative maintenance from Waters Corporation for the full service business hours covering all Waters equipment housed at the NSL in Gastonia, NC.

3. Supplies or Services Required

The comprehensive agreement includes the Empower BASIC Personal Software Plan along with the Performance Maintenance Plan with one PM for the HPLC instrument located at the USDA-AMS-S&T-LATD-NSL Gastonia, NC location for the period of April 1, 2019 – March 31, 2020 along with option years.

4. Statutory Authority FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Supporting Rationale for Authority Cited

The USDA National Science Laboratory has a large financial investment in Waters Corporation instrumentation and equipment purchased for use in the Chemistry Section of the laboratory. The laboratory utilizes this instrumentation to analyzes samples for the food industry.

The purchase of the Performance Maintenance Plan (PMP) offered includes one PM visit per 6 month period for all Waters equipment where a Waters factory trained engineer will replace all parts subject to wear as defined in the product specific PM checklist. All parts are guaranteed Waters quality parts, and are included in a comprehensive PM parts kit which is provided for each and every PM visit. The thoroughness of Waters PMP ensures both maximum reliability and maximum performance. No competitor offers a more comprehensive PM program. The PMP also includes a discount on any additional service required during the contract period. Additionally, charges for corrective maintenance visits are capped on a per instrument per event basis, limiting our liability for emergency repairs.

Only Waters provides Waters instrument and equipment trained and certified engineers.

6. Efforts to Secure Competition

Only Waters Corporation offers certified engineers to work on their own instruments and equipment. To use an outside company would compromise the integrity of our laboratory results provided to our customers.

7. Fair and Reasonable Cost

The cost offered by Waters Corporation is considered fair and reasonable based on the equipment’s unique and complex abilities..

8. Market Research See Block 6

9. Other Supporting Facts N/A

10. Other Interested Sources

N/A

11. Actions to Overcome Barriers to Competition in the Future

Due to the uniqueness of the instrument and support required and that Waters is the manufacturer of the instrument and only manufacturer-certified engineers can perform repairs and maintenance.

12. Program Official: I do hereby certify that the information provided in this justification recommendation is accurate and complete to the best of my knowledge and belief.

Name and Title Date

12. Contracting Officer: I do hereby certify that the information provided in this justification recommendation is accurate and complete to the best of my knowledge and belief.

Name and Title Date

Laboratory Supervisor