DnF for OTFOC for Redaction 22Q0087.doc

DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: Maintenance Service Contract for TA Instruments Thermogravimetric analysis - Mass Spectrometry (TGA-MS), and Differential Scanning Calorimetry (DSC) scientific equipment

2. PROPOSED CONTRACTOR/MANUFACTURER:

TA Instruments - Waters L.L.C.

159 Lukens Dr.

New Castle, DE 19720-2765

Unique Entity ID: SV5VEP8C43D8

CAGE: 0MSJ5

Business Size: Large

3. ESTIMATED TOTAL VALUE: Basic contract: [REDACTED] (12 months) Option #1: [REDACTED] (12 months) Option #2: [REDACTED] (10 months)

TOTAL: [REDACTED]

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION: The statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i):

X Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE:

The item(s) listed in section one above is available from only one source and competition is precluded for reasons indicated below. There are no substitutes available.

X Compatibility: The item(s) must be compatible in all aspects (form, fit, and function) with existing systems presently installed. Describe the equipment you have now and how the new item/service must coordinate, connect, or interface with the existing system:

The [REDACTED] Army Research Laboratory (ARL) requires a Maintenance Service Contract of one (1) twelve (12) months base year, one (1) twelve (12) months optional performance period, and one (1) ten (10) months optional performance period maintenance of the Government-owned TA Instruments Thermogravimetric analysis - Mass Spectrometry (TGA-MS) and Differential Scanning Calorimetry (DSC) scientific equipment. The maintenance service contract shall include full-service coverage on an annual basis, to include all original equipment manufacturer (OEM) parts, labor, travel, emergency repairs and technical support per OEM specifications and one (1) preventive maintenance service per year on each for the TGA-MS and DSC at ARL. The TA Instruments TGA-MS and DSCs scientific equipment is used for [REDACTED] programs. TA Instruments is the only vendor with the unique expertise and knowledge capable of providing service for the Government-owned TA Instruments TGA-MS and DSCs equipment. While ARL has successfully contracted with [REDACTED], for such service over the past seven (7) years (currently under contract number W911QX- 21-F-0206). They were unable to provide a quote for the required service due [REDACTED]. The OEM is the only option able to provide maintenance and repair service that allows the equipment to meet the performance specifications from the original procurement. The parts the OEM manufactures are only compatible with TA Instruments equipment, and the parts manufactured by competitors are not interchangeable with the OEM parts.

Failure to procure a maintenance contract for the TA Instruments TGA-MS and DSCs scientific equipment will result in the need to call for service on an as-needed basis and result in significant delays in customer and mission programs that could cost ARL upwards of [REDACTED] per instrument per call.

Market Research was conducted by [REDACTED]. [REDACTED] conducted market research by utilizing numerous marketing research techniques, such as, contacting knowledgeable people or subject matter experts within Government and industry. [REDACTED] consulted with [REDACTED] ([REDACTED] ARL), who also searched for options for the requested service over past year, finding that the OEM was the only option. [REDACTED] also reviewed market research efforts conducted for similar or identical items (reference contracts W911QX-21-F-0206). Based on the aforementioned, TA Instruments is the only vendor capable of meeting the Government’s requirement.

6. FAIR AND REASONABLE PRICE DETERMINATION:

It has been determined that the anticipated cost to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief.

Template last updated 4/23/2018