SSJ TA Instrument Preventative_Redacted.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 2 Template Effective February 2022

MEMORANDUM FOR FILE

FROM:

CODE:

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) TA Instruments – Waters L.L.C., the sole vendor and OEM of the Discovery DMA 850, will provide Code 6170 with 3-year loyalty support plan (LSP) for their Discovery DMA 850 (S/N 0850-01143). This is an extension of the instruments 1 year warranty from the purchase date and includes Annual Preventative Maintenance/Calibration Visits (PMV). The LSP will also include coverage of the DMA furnace and gas cooling accessory (GCA) and free access to the latest version of their proprietary software, TRIOS. A factory-trained Service Engineer will upgrade TRIOS software and firmware as appropriate and provide a thorough cleaning, inspection, and calibration of the hardware and replace worn items as necessary. As part of the LSP, priority response is key to minimize instrument downtime and project delays.

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

PHONE:

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

Through extensive online research and confirmation with the OEM of the Discovery DMA 850, it was discovered that TA Instruments – Waters L.L.C. was the sole vendor of the LSP for the Discovery DMA 850, furnace, and GCA. As the sole vendor for the Discovery DMA 850, they are also the only licensed service providers that will issue an extended warranty such as the LSP and include Annual Preventative Maintenance/Calibration Visits

(PMV).

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 PWS and minimum requirements document requires their licensed service provider(s) to provide upgrades to TRIOS software and firmware as appropriate and provide a thorough cleaning, inspection, and calibration of the hardware and replace worn items as necessary. The instrument has patented technology and contains unique design features such as the air suspension of the material suspension shaft and proprietary control software.

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, there are no other Discovery DMA 850 suppliers nor do they provide extended warranties (i.e., LSP). Through searches it was found that 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.

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date

MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Digitally signed by MCDONALD-

JOHNSON.SYDNEY.MELVINA.1408165845

Date: 2024.03.12 15:47:53 -04'00'