BRAND NAME JUSTIFICATION-_Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

8/18/2021

Navy Drug Screening Laboratory Jacksonville

I. BACKGROUND:

The service or material listed on N6885021RC00220 for competition is precluded for the reasons indicated below on this justification for other than full and open competition, in accordance with:

FAR 13.106-1(b)(1)(i): states for purchases not exceeding the simplified acquisition threshold, 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 FAR 13.106-3(b)(3)(i): this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold)

II. DESCRIPTION OF ITEM OR SERVICE:

Manufacturer Details:

Provide original manufacturer’s name (if a sole source manufacturer distributes via dealers, include dealer information as well).

Name: HAMILTON COMPANY

POC: BRADLEY KUEBLER

Phone Number: (336) 403‐6316 E-mail: Bradley.Kuebler@hamiltoncompany.co

Manufacturer’s Dealer/Rep Details (if applicable):

Name: TESTMART

POC: MATTHEW MCMAHON

Phone Number: (888) 665‐2765 X3706 E-mail: matthew@testmart.com

PROVIDE A DESCRIPTION OF THE ITEM OR SERVICE REQUIRED: (include its intended use and the required delivery date/period of performance.)

Estimated Cost: RDD/POP: 30 SEPTEMBER 2021 Description:

Three (3) Liquid Verification Kits (LVK) to use with government-owned system. LVK is a software that has been developed by Hamilton Company to interface directly with their pipetting systems.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select one):

☐ ONLY ONE RESPONSIBLE SOURCE (example: OEM technical representative) ☐ LIMITED SOURCE (example: multiple OEM authorized technical representatives) ☒ BRAND NAME SOLE SOURCE (example: OEM replacement part) ☐ BRAND NAME LIMITED SOURCE (example: multiple OEM authorized part distributors)

☐ UNUSUAL AND COMPELLING URGENCY (example: Urgent Requirement, work stoppage, mission critical)

IV. SUMMARY OF MARKET RESEARCH TECHNIQUES UTILIZED:

SECTION A:

☐ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required

☐ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

N/A

Market research was conducted utilizing multiple techniques. All mandatory sources were screened yielding zero (0) results. A search on ECAT and Medical Master Catalog revealed zero (0) results. A search on GSA Advantage revealed one (1) small business source, Technical Communities, Inc.

An email was sent to Hamilton Robotics Company inquiring about any authorized distributors. The rep replied stating that they can provide and quote, and the only Government friendly distributor is Technical Communities.

☐ FORM, FIT AND FUNCTION. The required items are direct replacement parts/components for existing equipment and must be compatible in terms of form, fit and function with existing equipment/ configurations.

Provide the following information:

1. Make and Model Number:

2. Explanation of how direct replacement parts/components must be compatible with existing equipment (i.e. reagents & analyzers, electrical system of medical equipment, etc.):

☐ UNIQUE FEATURES. Similar products lack features that are necessary to meet the Government's minimum needs (i.e. Beckman WA-96 Plus analyzer vs. Becton Phoenix M50 analyzer). Provide the following information:

☐ OTHER REASONS. Other reason not identified above.

SECTION B:

☒ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

Item required must be a brand name product because the software will only work with the government-owned Hamilton’s systems. The software has been designed to integrate with their existing Hamilton pipetting system platform, and to be used with existing Hamilton deck hardware to perform the verification tasks to provide detailed reports. The user interface has been designed for users already familiar with their systems.

SECTION C:

☐ UNUSUAL AND COMPELLING URGENCY.

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent Requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

Section 1: Department Representative / Technical Reviewer complete the following:

Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Section 2: Contracting Officer (KO) complete the following:

Requirements Certification: I certify that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

Justification is disapproved on the following basis: