PR 1301212251 Sole Source Justification_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

MEMORANDUM FOR FILE

FROM:

CODE: 617

TO: Code 02 SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

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.

2. As required by 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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address) This requirement is for the purchase of a new TA Instruments Discovery TGA5500 thermogravimetric analyzer, installation, and training.

MANUFACTURER: TA Instruments Waters L.L.C ADDRESS: 159 Lukens Dr., New Castle, DE 19720

Estimated Total Price (including options if applicable):

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

Through online research is was discovered that TA Instruments Waters L.L.C. was the sole vendor of the Discovery TGA 5500, will provide Code 6170 with the one TGA 5500 and on-site installation and training.

This instrument was used to support various projects over the years, we need to purchase a TGA with the same capabilities as the one we currently have and one that can open and analyze the files we currently have saved from the Q500. The Discovery TGA 5500 is equipped with Trios software that is compatible with the Q500 files, so we will be able to use this new software without losing access to the old files, and it meets the minimum requirements needed to replace our current Q500.

A. BRAND NAME:

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

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 4 Template Effective November 2023

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.

3. Other Reasons:

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights,

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.

Manufacturer (OEM). TA Instruments - Waters L.L.C. is the OEM and sole provider of this product and the only source for the installation and training required. Therefore, in accordance with FAR 13.106-1(b) the contracting officer has determined that the circumstances of this contract action deems only one manufacturer to be reasonably available

C. LIMITED SOURCE (FAR 8.405-6):

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

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights,

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).