Brand Name_Mettler-Toledo.pdf

Brand Name Determination Project and Location: Service Contract for Mettler-Toledo SPSx-1µ Dynamic Vapor Sorption Analyzer / ERDC-GSL-CMB Proposed Product/Service: Service Contract for Mettler-Toledo SPSx-1µ Dynamic Vapor Sorption Analyzer

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) 13.106-1(b) to procure services of a Mettler-Toledo SPSx-1µ dynamic vapor sorption analyzer.

3. Description of the product required to meet the agency’s needs: The Concrete and

Materials Branch (CMB) at the Geotechnical and Structures Laboratory (GSL) of the U.S. Army Engineer Research and Development Center (ERDC) at Waterways Experiment Station requires annual maintenance and repair coverage for their Mettler- Toledo SPSx-1µ dynamic vapor sorption analyzer (DVS).

4. Authority Cited: FAR 13.106-1(b), Soliciting from a single source (1) For purchases not exceeding the simplified acquisition threshold (i) 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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Reason for Authority Cited: In accordance with FAR 13.106-1(b)(1) For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source (e.g. brand name) reasonably available.

A service contract is needed covering a Mettler-Toledo SPSx-1µ Dynamic Vapor Sorption Analyzer. Additional instrumentation components include an SPS imaging system, an SPS permeation kit, and a RAMAN PhAT probe. The base instrumentation and components are used to study the response of materials to changes in relative humidity. This is needed to keep instrumentation functioning properly to support both direct-funded and reimbursable projects.

Mettler-Toledo is the manufacturer of the instruments.

6. Efforts to Obtain Competition: A response was received for the Notice of Intent (NOI), W912HZ21N8313, posted on Sam.gov on 30 July 2021. Therefore, in the best interest of the Government, this contract will be competed.

7. Determination that costs will be fair and reasonable: The independent government estimate, catalog prices, price competition, and the laboratory’s technical representative’s knowledge of the industry will be used to determine if the quoted price is fair and reasonable.

8. Description of Market Research: Market research was conducted, and Mettler-Toledo was identified as the only known provider that could provide services on the equipment with specialized attachments and capabilities. Mettler-Toledo products are not offered for purchase by third party sellers. The company sells its products directly. However, a response was received from the NOI, therefore, this contract will be competed.

9. Contracting Officer Determination: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Allison B. Hudson

Contracting Officer