Sole Source REDACTED.docx

MEMORANDUM FOR FILE

FROM:

CODE:

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) TA Instruments – Waters L.L.C., the sole vendor of the Discovery DSC 2500, will provide Code with the one DSC 2500, one RCS 90, one gas dryer, and on-site installation and training. The Discovery DSC 2500 meets the minimum requirements needed to replace the DSC Q2000 (no longer supported by manufacturer in 2024) currently used and avoid loss in historical DSC file compatibility and provide continued support for various projects and research and development. As the sole vendor for the Discovery DSC 2500, they are also the only licensed service providers that will install and calibrate the instrument in the lab space to ensure everything is working properly and provide hands-on training to the team. They ship the order within 30 days of receipt of formal purchase order. Once Code receives the instrument, TA Instruments will be required to schedule a visit to NSWCCD and perform the service (install and training). The installation (except DMA) will include calibration with a traceable standard and a certificate of calibration. Basic Operational Training is also provided on the equipment after it is installed in the laboratory.

MANUFACTURER: TA Instruments – Waters L.L.C ADDRESS: 159 Lukens Dr., New Castle, DE 19720 PHONE: 302-229-1923 POC: David Krause, DAVID_KRAUSE@WATERS.COM

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

Through extensive online research is was discovered that TA Instruments – Waters L.L.C. was the sole vendor of the Discovery DSC 2500, will provide Code with the one DSC 2500, one RCS 90, one gas dryer, and on-site installation and training. The Q2000 DSC, that we are trying to replace, is from the same vendor as the Discovery DSC 2500. In CY24 , TA Instruments – Waters L.L.C. is no longer providing support or replacement parts for the Q2000, which will also include the old software (Universal Analysis) no longer being updated. This instrument was used to support various projects over the years, we need to purchase a DSC 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 Q2000. The Discovery DSC 2500 is equipped with trios software that is compatible with the Q2000 files, so we will be able to use this new software without losing access to the old files, and it meets the minimum

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Effective February 2022 requirements needed to replace our current Q2000. In addition, we purchased a Discovery DMA 850 last year that also uses the TRIOS Software so we will not need to purchase new software for this DSC 2500 and will be able to keep our suite of thermal analysis instruments on the same software and computer. Everything is cross compatible and minimizing the type of software that needs to be purchased and number of computers needed within that lab space. As the sole vendor for the Discovery DSC 2500, they are also the only licensed service providers that will install and calibrate the instrument in the lab space to ensure everything is working properly and provide hands-on training to the team.

· A. BRAND NAME:

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, 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).

· 3. Other Reasons: N/A

☒ B. SOLE 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.

The minimum requirements document requires their patented Tzero Heat Flow technology (US Patents: 6,488,406, 6,431,747 and 6,561,692; Additional Patent Nos. EP 1136802, JP 4074441, 3936846, 3,936,847).

From the market research, TA instruments was the sole vendor and requires any other suppliers to show proof of long-term product viability that does not conflict with the instrument’s patent [6,561,692 “Differential Scanning Calorimeter”, May 13, 2003.]. Other available DSC options do not provide the T-zero Heat flow technology according to their website and brochures and cannot incorporate the technology based on the patents mentioned above. TA Instruments was the manufacture of our current DSC Q2000 instrument and confirms TRIOS and Universal Analysis files are cross-compatible so older files can be further used using the new software that is not available from other suppliers. The details laid out in the minimum requirements/PWS document is the primary driver in pursuing TA Instruments – Waters LLC, because the DSC 2500 provides the minimum specifications needed to continue testing using similar conditions to the Q2000, conditions needed for specific project support, and to maintain access to Q2000 DSC files.

☒ 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.

From the market research, all other Discovery DSC 2500 found from other suppliers were being sourced from TA Instruments directly and were routing costumers directly to the TA Instrument’s website for quotes and procurement.

· 3. Other Reasons: N/A

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.