Brand Name Justification_Redacted.pdf

CUI

ERDC Control No:

Justification Review Document

For Limited Source Justification (Brand Name) FAR Part 8

1. Contracting Activity: The ERDC Contracting Office (ECO) is 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 new Firm Fixed Price (FFP) contract on a brand name basis pursuant to procedures at Federal Acquisition Regulation (FAR) 8.405-6(b) to procure a new Malvern Advance Series Blue Label Zetasizer manufactured exclusively by Malvern Panalytical, Inc.

3. The GSL requires a Malvern Advance Series Blue Label Zetasizer manufactured exclusively by Malvern Panalytical, Inc. The particle size analysis provided solely by Malvern Panalytical, Inc. provide un-matched material characterization and processing capabilities. The instrument should be able to characterize polymeric materials up to 120 °C for particle size analysis and zeta potential measurements.

Installation, training, and computer capable of running the software should be included. The capabilities and equipment required to successfully meet the need are listed in the description of requirement (DOR).

Software package allowing for adaptive correlation, polydispersity, and

Capability to measure particles from 1 nm to 10 µm

Zeta potential measurements with dip cell

Low volume disposable sizing cell kit

Shipping shall be FOB destination and associated costs included in the quote.

4. Authority Cited: 41 United States Code (USC) § 251 as implemented in Federal Acquisition Regulation (FAR) 8.405-6(b), Items Peculiar to One Manufacturer (Brand Name)

5. Reason for Authority Cited:

Background: The Concrete and Materials Branch (CMB) is engaged in an ongoing force protection research and development programs and efforts on novel additives and polymer synthesis. To accomplish this, GSL has the need to acquire a dynamic light scattering capability to understand particle size and charge. This instrument will be used to understand particle size distributions, surface charge, and stability. This capability will help support ongoing research in material development. The ability to understand particle stability, charge, and size effects are important to ensure reliable performance for polymers and building materials for applications

ERDC Control No:

CUI

ranging from force protection to infrastructure materials. Impacts of bad stability would cause settling of materials, incomplete mixing, and ultimately, poor properties hampering performance.

Justification: The required Malvern Advance Series Blue Label Zetasizer uses multi-angle dynamic light scattering measurements to analyze samples of particle size larger than 500nm. The use of methods solely provided by Malvern Panalytical, Inc. are able to capture effects of electrode interactions that occur during zeta potential measurements. The specific advantages of the Malvern systems are the multi-angle dynamic light scattering measurements (MADLS) and advanced software methods that provide better resolution on particle size distributions and shape that other instruments cannot. Instruments provided by other manufacturers have to assume perfect spheres, whereas the Malvern can handle a range of shapes. As a result, the brand provided by Malvern Panalytical, Inc. is the only known brand Zetasizer that can meet the governments requirement.

6. Efforts to Obtain Competition:

a. Effective Competition: This brand name justification will be provided with the solicitation as required by FAR 8.405-6(b). An internet search reveals multiple vendors who are resellers and capable of providing the required instrument. However, one vendor, Samyak Solutions, Inc. is located on GSAadvantage, Samyak Solutions, Inc. (CAGE: 5WXG1 / UEI:

WYU3YN2K79X5), that is capable of providing the instrument.

Reference FAR 8.002(a)(1)(v), Priorities for the Use of Mandatory Government Sources:

(a) Except as required by 8.003, agencies shall satisfy requirements for supplies from or through the mandatory government sources and publications:

(1) Supplies

(v) Wholesale supply sources, such as stock programs of the General Services Administration (GSA) (see 41 CFR 101-26.3)

b. Subcontracting Competition: This requirement does not meet the threshold for a subcontracting plan.

7. Actions to Increase Competition: There is potential competition on SAM from the open market, therefore it is believed competition on future requirements is feasible.

8. Market Research: Market research was conducted in accordance with FAR Part 10. Market research was performed principally through the use of internet searches, review of sources in industry, discussions with potential vendors, prior contracts and experience of GSL personnel in researching these types of systems. Below is a list of resources used:

https://www.fpds.gov/fpdsng_cms/index.php/en/ https://sam.gov/content/home https:/malvern.com

, Subject Matter Expert