Brand Name Only Justification.pdf

This is a Memorandum for Record (MFR) documenting a sole source justification for a brand name acquisition at or below the Simplified Acquisition Threshold.

The contracting activity is the Army Contracting Command – Aberdeen Proving Ground, Tobyhanna Division, located in Tobyhanna, Pennsylvania. The requirement, issued in Fiscal Year 2025, is for NALCO 7396 Water Stabilization and Corrosion Control in 55-gallon drums. The contractor is NALCO WATER ECOLAB Company, located in Naperville, Illinois. The acquisition is a new requirement for three 55-gallon drums, with a firm fixed price contract type, and material must have a minimum shelf life of ten months upon delivery to post. The total contract value is redacted in the document.

The justification for sole source procurement under FAR 13.106-1(b)(1) is based on brand name restrictions. The contracting officer determined that NALCO 7396 is required specifically by Tobyhanna Army Depot's Pennsylvania Department of Environmental Protection public water supply permit as a corrosion control inhibitor for the drinking water system. Alternative products are explicitly prohibited by the permit requirements. The MFR notes that using non-compliant products could jeopardize the facility's water supply permit, affecting 32 residents off-post, and introducing alternative products presents safety hazards due to potential chemical incompatibilities. Market research confirmed that no other source could provide this material at the time of the requisition. This action qualifies as a brand name restriction under the $25,000 threshold and therefore requires no public posting. Both the Lead Chemist and Contracting Officer certified approval of this justification on November 24, 2025.