BRAND NAME JA_Redacted.pdf

Control No:

Apr 2021

Memorandum for Record – Brand Name Limiting Competition at or below the Simplified Acquisition Threshold

1. Requiring Activity: The Department of Civil & Environmental Engineering (D/C&EE) at the United States Military Academy (USMA) at West Point, NY.

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2. Contracting Activity: U.S. Army Mission and Installation Contracting Command – West Point (MICC-WP),

3. Description of Action: The Department of Civil & Environmental Engineering (D/C&EE) at the United States Military Academy (USMA) requires a brand name Instron 1500HDX Universal Testing Machine(UTM).

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _____________ Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________ Order #_______ against a single award IDC Contract Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2026

Brand Name Buy: Yes No

4. Description of Services or Supplies: The Department of Civil & Environmental Engineering (D/C&EE) at the United States Military Academy (USMA) requires a brand name Instron 1500HDX Universal Testing Machine(UTM). The UTM is a hydraulic experimental testing machine comprised of multiple components including but not limited to a hydraulic pump, actuators, digital controller, and testing fixtures to support civil engineering laboratories. This requirement includes delivery and assembly services of the UTM.

5. Authority: Select the appropriate authority below:

FAR 12.102(a) - For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

6. Reasons for Authority Cited:

a. The purchase of a brand name Instron high-capacity universal testing machine is necessary for the structural engineering courses and research capabilities within the civil engineering program. This particular machine will be used to test both large and small-scale materials and structures made of concrete, steel, and other infrastructure materials. Acquiring the Instron machine of this capacity will directly support the Department of Civil & Environmental Engineering’s mission of educating and inspiring Army Leaders of Character prepared to engineer resilient and sustainable solutions to the Nation’s toughest challenges and vision to be the world’s preeminent undergraduate Department of Civil and Environmental Engineering department.

b. Market research has been done on alternative brands of other Universal Testing Machines (UTMs). The 1500HDX UTM is a hydraulic testing machine. This brand is unique in that it offers specifications that other hydraulic UTMs offer.

has a wider range than the Instron 1500HDX UTM, however compared to Test Space Design Capability, the Instron has dual test space compared to single test space, showing that Instron gives labs the ability to frequently switch between tension and compression tests. This provides efficient workflow necessary to D/C&EE. The department does not require the machine to have a force capacity more than 1500 kN in its specifications. The Instron also has a Dual Crosshead Design versus This provides easier access for loading heavy or large specimens from the side making workflow more efficient when handling heftier samples. When compared to the

, both machines are hydraulic lines designed for high-force static testing.

Instron is superior to the in terms of force capacity, test space design, and ergonomics and loading capabilities. Instron has designed the HDX series to solve the biggest pain points that will be seen within the department of engineering’s testing lab:

the time wasted swapping heavy fixtures and the difficulty of loading large specimens.

The dual test space and open-face crosshead directly mitigate these problems, prioritizing speed and ease of use in the solutions the department requires.

c. Instron offers a wide variety of testing systems to evaluate the mechanical properties of materials and structures using tensile, compression, flexural, fatigue, impact, dynamic, torsional, and multi-axial loading. They provide detailed local service of all their machines including calibration, verification, installation, training, and technical support. These machines are incredibly valuable for engineering education and scholarly research to ensure that students can understand the performance and behavior of different materials. Instron’s 1500 HDX is a high-capacity, quasi-static testing machine capable of testing materials in both tension and compression up to a maximum capacity of 337,500 lbs. This capability is incredibly important for the structural engineering thread of the civil engineering program at USMA.

d. Without acquiring the brand name Instron Model 1500HDX Universal Testing Machine, the D/C&EE wouldn’t able to fulfill all of its curriculum and research requirements. This would hinder the engineering students’ progress and quality of education they receive in the engineering department at USMA.

7. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at FAR

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A) unless:

Action is NOT a brand name restriction and is under $250K, no posting required.

Action is a brand name restriction, under $25K, no posting required.

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to the following exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(ii)(A) FAR 8.405-6(b)(3)(ii)(B) FAR 8.405-6(b)(3)(ii)(C) FAR 16.505(a)(4)(iii)(C)

8. Market Research:

Based on the market research and prior procurement of this machine from the government, this product is available on the commercial marketplace. This product should be procured as a brand name buy. There are no expectations that two or small businesses can meet this requirement. Therefore, market research recommends this requirement to be competed on a full and open basis and to be brand named IAW FAR 12.102(a).

9. Other Facts: N/A

10. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The basis for the determination will be based on the use of one or more of the price analysis techniques listed in FAR Part 13.106-3(a)2(i) thru (vii). As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.