A02.08 JA Updated (FAR 13.5) - Redacted_Redacted.pdf

CUI

Control Number: ERDC-25-3237

CUI

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

1 AUG 2022

Justification Review Document for Sole Source and Brand Name Justification for Simplified Acquisitions - FAR Part 13

Program/Equipment: Empyrean XRD and Epsilon 4 XRF Service

Authority: 41 USC 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1) Sole Source and Brand name acquisitions of commercial supplies or services obtained using simplified procedures as applied in FAR Part 12.

Amount:

Controlled by: Army Controlled by: USACE - CEERD CUI Category: General Procurement and Acquisition Distribution/Limited Dissemination Control:

FEDCON

POC: Jon-Vincent Holden 601-634-7269

CUI

Requirement: Empyrean XRD and Epsilon 4 XRF Service Location: Vicksburg, MS Control Number: ERDC 25-3237

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

AUG 2022

Justification and Approval for Sole Source and Brand Name Justification for Simplified Acquisitions – FAR Part 13

1. Contracting Activity: The United States Army Corps of Engineers (USACE) Engineer Research and Development Center (ERDC) Contracting Officer located at 3909 Halls Ferry Rd, Vicksburg, MS 39180-6190.

2. Description of Action : This is an annual requirement for a Small Acquisition Purchase.

3. Description of Supplies/Services: The GSL requires annual service and maintenance for the Empyrean X-ray Diffractometer and Epsilon X-ray Fluorescence equipment currently housed at CMB. Estimated total value is

4. Authority Cited: 41 USC 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1) Sole Source or Brand name acquisitions of commercial supplies or services obtained using simplified procedures as applied in FAR Part 12.

5. Reason for Authority Cited: The instruments must be serviced by manufacturer, Malvern Panalytical, only. Should anyone other than Malvern Panalytical’s factory trained customer support engineers service their equipment, all warranties will be voided. They do not have authorized service providers.

6. Efforts to Obtain Competition: A Notice to of Intent to Sole Source will be posted on SAM.gov.

7. Actions to Increase Competition: This action is not available for competition as market research has shown that Malvern Panalytical Inc is the only company to handle this service.

8. Market Research: Market research was performed initially by ensuring that the manufacturer could provide the services needed to properly maintain technically acceptable operation for both instruments. Discussions with Malvern Panalytical confirmed both instruments use proprietary circuit boards, software, and technical support which cannot be provided by any other entity.

Internet searches, review of sources, and experience of GSL personnel concluded that no other service provider can provide maintenance to these instruments.

9. Interested Sources: MALVERN PANALYTICAL INC

Unique Entity: IDYYDEKQG2AR67

CAGE/NCAGE: 68830

Large Business