A02_Brand-Name-Determ_TA-Instruments_2021Aug09 Signed.pdf

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

BRAND NAME DETERMINATION

1. Agency and Contracting Activity: The agency entity making this acquisition is the U.S.

Army Corps of Engineers (USACE) Engineer Research and Development Center (ERDC) Geotechnical and Structures Laboratory (GSL), and the contracting office is the ERDC Contracting Office (ECO) located at the U.S. Army Engineer Research and Development Center (ERDC), 3909 Halls Ferry Road, Vicksburg, MS 39180-6199.

2. Description of Action: This determination seeks approval to award a firm fixed price contract on a brand name basis pursuant to procedures at Federal Acquisition Regulation (FAR) 13.106-1(b) for the servicing of TA Instruments’ equipment.

3. Description of Supplies/Services: The contractor will be required to provide maintenance and repair services upon request of the Government for the dynamic hybrid rheometer-2 (DHR-

2) with environmental test chamber (ETC), Thermogravimetric Analyzer (TGA), Simultaneous DSC/TGA (SDT), and Isothermal Calorimeter (ITC) that are held at ERDC/GSL facilities and that were produced by TA Instruments-Waters, LLC, the original equipment manufacturer.

4. Authority Cited: FAR 13.106-1(b), Soliciting from a single source (1) For purchases not exceeding the simplified acquisition threshold (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Reason for Authority Cited:

Background: The Concrete and Materials Branch (CMB) is need of a service contract of instruments that are vital for direct funded and reimbursable projects. These systems are needed in order to continue to understand the thermal and rheological properties of structural materials used for military construction and protection. TA Instruments is the manufacturer of the instruments.

Rationale: Market research was conducted, and TA Instruments is the only manufacturer that could provide services on the equipment with specialized attachments and capabilities. A single vendor responded to a notice of intent posted to SAM.gov, asserting that they could contract with TA Instruments-Waters LLC to provide services to ERDC. TA Instruments-Waters, LLC certified to ERDC in a letter dated April 19, 2021 that TA Instruments-Waters, LLC is the only organization authorized to service products for which TA Instruments is the OEM supplier. The letter maintains that: (1) TA Instruments has proprietary knowledge and components required to calibrate and to service such apparatus, and (2) there are no other OEM-approved US vendors of such service, ISO 17025 Accredited or otherwise. The Government has decided to compete this requirement on a brand name basis procuring TA Instrument services.

(Source Selection information - See FAR 2.101 and 3.104-4)

6. Actions to Increase Competition: In accordance with FAR 5.201(b)(1)(i) and 5.207(c)(15), a notice of intent to award this requirement on a sole source basis to TA Services – Waters LLC was posted to the government-wide point entry (GPE) at www.SAM.gov on 12 July 2021 under North American Industrial Classification System Code (NAICS) code 334516 - Analytical Laboratory Instrument Manufacturing with a small business standard of 1000 employees. All interested, responsible sources were informed that they could submit a capability statement demonstrating their ability to provide the requirement for consideration by the ERDC. To date, only one vendor responded to this notice. That response of the single vendor Remi, along with clarifications requested by the contracting office, led to the decision to compete the action with a brand name determination.

7. Fair and Reasonable Cost Determination: The program office’s government estimate, catalog prices, and the laboratory’s technical representative’s knowledge of the industry will be used to determine if the quoted price is fair and reasonable.

8. Market Research: Market research has been conducted for this acquisition utilizing historical acquisition information, review of Government and commercial sources for relevant information, and review of other internet sources. The resulting market research found that the products required to meet the Government’s need are commercial services and parts that can only be supplied by the original equipment manufacturer TA Instruments-Waters, LLC but for which a vendor has stated they can perform the work by being a reseller of TA Services-Waters LLC service and parts supply contracts.

9. Interested Sources: To date, besides the vendor Remi, no other sources have written to express an interest. The notices required by FAR 5.201 shall be published, and any bids or proposals received shall be considered.

10. Other Facts: N/A.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the services required: N/A

12. Contracting Officer Determination: I hereby determine that a brand name requirement is necessary to meet the Government need. Based on the foregoing justification, I hereby approve the procurement of TA Instruments’ equipment maintenance services pursuant to the authority of FAR 13.106-1(b)(1), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

ALLISON HUDSON

Contracting Officer