Brand Name Limited Source Justification Redacted_Redacted.pdf

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

7/1/2021

NEPMU 2/CIHL EAST

I. BACKGROUND:

The service or material listed on PR 00201 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) FAR 8.405-6(a)(1)(i)(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(b)(1): Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

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:

POC:

Phone Number: E-mail:

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

Name:

POC:

Phone Number: E-mail:

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:

Description:

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:

The proposed acquisition is for two (2) gas chromatographs for the Comprehensive Industrial Hygiene Laboratory (CIHL) Norfolk. The system shall be capable performing National Institute of Occupational Safety and Health (NIOSH) and Occupational Safety and Health Administration (OSHA) testing to ensure workplace safety. The system shall be capable of detecting and quantifying volatile and semi-volatile organic compounds simultaneously in multiple solvents including water, carbon disulfide, and benzene to name a few.

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.

The market research conducted included research conducted by the internet, and review of product literature. The internet search was done using Google. It was found that Agilent can provide a GC system which meets the minimum requirements (See #3). In addition, Agilent includes in the cost four years of service agreements, which will help protect the government’s investment. Other manufacturers also provide GC systems, but these systems do not meet the requirements.

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: Agilent 7693A

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:

SECTION B:

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

l of our current gas are Agilents our current consumables are compatible new consumables be procured which increase costs significantly over time. different manufacturer will in

The instruments being are purchased are replacing two of five currently operated in-house Agilent gas chromatographs (GCs). The purchase of Agilent GCs is justified so that laboratory standard operating procedures will continue to function for all instruments, so that analysts only need to maintain training on the use of one instrument design, and so that all service, parts, consumables and contracts can be coordinated for the instruments.

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.

Signature:

7/1/2021

Print Nam

Phone Nu Date:

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