Justification FAR Part 13 under SAT Chroma_Redacted.pdf

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Attached to
Chromium Analysis Systems
Solicitation number
HT941024P0290
Issued by

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This document is a Justification for Other Than Full and Open Competition under the Simplified Acquisition Threshold (SAT). It describes the sole-source award of a fixed-price contract to NISHIKAWA KEISOKU CO., LTD. for two chromatography systems, one for Chromium 6 analysis and the other for anion analysis. The key requirements are that the systems must have an auto-dilution function program, a 120-sample tray, and conductive and electric detectors. The justification cites the OEM's exclusive licensing agreements as the basis for the sole-source determination. The contract was awarded by the Defense Health Agency for $136,088.05 on September 28, 2024 under solicitation number HT941024P0290.

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Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. 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 (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Two chromatography systems, one for Chromium 6 analysis and the other for anion analysis.

The minimum characteristics are: - Must have auto dilution function program - Must have 120 samples (1.5mL vial) tray - Must have conductive detector and electric detector - Source Considerations - 100 Volts of nominal - Frequency: 50/60Hz. This is an FFP type contract for a supply and installation. The Government awarded purchase order HT941024P0290 for $136,088.05.

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

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

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

2. ___ 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.

3. ___ OTHER REASONS.

B. __ BRAND NAME

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

File details come from the government source that posted it. Updated .