A02- Sole Source Justification_Redacted.pdf

CUI Control Number: FY25 0240

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

NOV 2024

4. Authority:

� FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold, only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

Or

� FAR 8.405-6(a)(1)(A) Urgent and compelling need exists, and following the procedures would result in unacceptable delays.

FAR 8.405-6(a)(1)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

� FAR 8.405-6(a)(1)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.

� FAR 8.405-6(b)(1) Items peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

Or

� Or FAR 16.505(a)(4) Items Peculiar to One Manufacturer � FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

� FAR 16.505(b)(2)(i)(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

� FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

� FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

5. Reason for Authority Cited:

a. Original Equipment Manufacturer (OEM) Expertise: Waters Technologies Corporation is the original equipment manufacturer of the UPC2 system. As the OEM, they possess exclusive in-depth knowledge of the systems' design, engineering, and operational nuances. This expertise is critical for accurate diagnostics, effective repairs, and preventative maintenance procedures that adhere to OEM specifications.

b. OEM Certified Personnel: All maintenance and repair services must be performed by personnel who are OEM certified. This requirement is essential to ensure that technicians possess the specialized training and knowledge necessary to properly service the complex UPC2 system. Only Waters Technologies Corporation can guarantee that its personnel have received the comprehensive OEM certification required to perform these services. Utilizing non-certified personnel could result in improper repairs, system damage, voiding of warranties, and compromised data integrity.

c. Proprietary Knowledge and Technology: The UPC2 system incorporated proprietary technology and software specific to Waters Technologies Corporation. Access to this proprietary information, including software updates, firmware patches, and detailed technical documentation, is essential for effective maintenance and repair. Only Waters Technologies Corporation can provide this access and ensure that the systems are maintained and repaired according to the latest OEM specifications. Tasks such as software updates and patches, and maintenance and repairs being performed in accordance with OEM specifications, require proprietary knowledge only Waters can provide.

d. Parts Availability and Warranty Protection: As the OEM, Waters Technologies

Corporation has exclusive access to genuine OEM parts specifically designed for the UPC2 system. The use of OEM parts for repair services is required to ensure optimal system performance and longevity. Additionally, all repairs must be performed in a manner that does not void the original manufacturer's warranty. Utilizing non-OEM parts or services from unauthorized vendors could jeopardize the warranty and potentially lead to costly future repairs.

e. Response Times and Minimizing Downtime: Specific response time requirements for both telephone support and onsite services are required. Specifically, USAMRICD requires telephone support with 48 hours or initial request, and subsequently onsite service with 5 business days of initial request. Waters Technologies Corporation, as the OEM, is best positioned to meet these critical response times. Their established infrastructure, access to trained technicians, and readily available OEM parts network allows for quicker diagnosis, faster repairs, and reduced system downtime compared to third-party service providers. Delayed response times from non-OEM providers could significantly disrupt operations and negatively impact productivity. The required response times are essential to minimize disruption of operations.

f. System Integrity and Data Reliability: The UPC2 system is critical for generating reliable and accurate data. Improper maintenance or repairs can compromise system integrity and lead to inaccurate results, which can have significant consequences. By contracting with Waters Technologies Corporation, we can ensure that the system is maintained and repaired to the highest standards, minimizing the risk of data errors and maintaining the integrity of our operations.

g. Existing Investment and Technological Currency: USAMRICD currently owns and operates the Waters UPC2 system, which is current with the latest technology updates and is fully functional. Therefore, there are no financial, research advancement, or productivity advantages to procuring a new instrument. Replacing the existing system would represent a significant and unnecessary expenditure, with no demonstrable improvement in capabilities.

h. Research Continuity: All previous and ongoing research projects at USAMRICD have utilized this specific Waters UPC2 system. Switching to a different instrument, even a newer model, would require re-validation of methods, re-establishment of baselines, and could potentially compromise the integrity and comparability of existing and future research data. Maintaining the current system ensures the continuity and reliability of USAMRICD's research efforts.

6. Market Research: Market research indicates the service falls within the commercial items definition as it is a service customarily used by the public and has been sold, leased, or licensed to the public. Market research via multiple government sources (Ability One, Federal Prison Industries, Federal Supply Schedules) as well as Strategic Sourcing Initiatives, and determined that no companies, other than the manufacturer, are capable of meeting the Government’s requirement. A search on GSA Advantage found Waters Technologies Corporation has a GSA Contract# GS-07F-0559X for the required services.

A Notice of Intent (NOI) was posted on SAM.gov with a published date of 29 May 2025 and a due date of 13 June 2025 at 11:00AM EDT. Two email response were received from Bramovix LLC and Arcabel Solutions LLC which, included capabilities statements. Upon review of the capability statements, it was determined neither company could meet the requirement. Neither vendor could provide the OEM parts, certified engineers, nor meet the timelines required for repair services.

7. Other Facts:

� Procurement History:

(1) Is this a new requirement? Yes

(2) If 7.a.(1) is No, was the action just prior to this one competed? Not applicable.

(3) If 7.a.(2) is Yes, what has changed where this action cannot be competed?

� Additional Information: Waters is the only OEM parts source for repair parts for the equipment listed, and Waters has the only factory trained/certified engineers to provide equipment maintenance service. The timelines required for repairs cannot be met by a third-party. Therefore, in the sole source environment, the Government’s leverage is limited, as there is only a single source that meets our requirements and normal downward pressure on price provided by competition is not present.