TA_Instruments_LSJ_10_SEP_2019_(Legal_Reviewed).docx

Department of the Army Sole Source Justification for Purchases under the SAT (Using FAR Part 13)

Purchase Request #: 11386382

1. Contracting Activity: The Army Contracting Command-Warren, MI is the procuring activity for this action.

2. Description of the Supply or Service Purchased: This action is for the procurement of preventative maintenance and calibration services for four pieces of scientific equipment located in the Elastomer Lab in building 215 at the Detroit Arsenal in Warren, MI. TA Instruments is the Original Equipment Manufacturer (OEM) for the four pieces of scientific equipment located in building 215.

TA Instruments – Waters L.L.C., (CAGE 0MJS5) is the only OEM authorized maintainers and calibrators of the TA Instrument equipment and devices located at 159 Lukens Drive, New Castle, DE 19720-2765.

3. Dollar Amount: The estimated total purchase price is $33,592.00. The type of funds to be used Fiscal Year 2019 RDT&E.

4. Authority Cited: The statutory authority permitting other than full and open competition is Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and 41 U.S.C. 253(c), as implemented by FAR 13.106-1(b)(1)(i), “Soliciting from a Single Source, 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.”

5. Reason for Authority Cited: According to the terms of the agreements for the equipment:

“Service and repair of the Equipment will be provided by an authorized TA Service Representative. IAW TA policy one or more of the following service options to replace or repair Equipment are: (a) dispatch an authorized TA service representative to the customer's facility or (b) provide for repair or replacement of the Equipment at a TA repair facility.” In keeping with the terms of this agreement, the government needs to contract with TA to perform these services. The contracting officer representative (COR) noted that switching to another non-authorized provider would require purchasing brand new pieces of scientific equipment in the amount of $528,000 as discovered on the Government Service Administration (GSA) Advantage website. A quote was obtained from the GSA website for the purchase of the thermo analyzers that would have to be replaced if preventive maintenance was performed by a non-authorixed contractor (see attached).

It is not prudent for the Government to have other contractors provide maintenance and calibration services from non-authorized vendors who may be required to obtain certification or training to maintain and calibrate TA instruments due to schedule delays. Also, TA Instruments does not certify other companies other than those aligned with TA Instruments.

TA Instruments calibrates and services only products of its own manufacturer and is a general calibration service organization for its own scientific equipment. TA Instruments is the only company who is authorized to maintain and calibrate their scientific equipment. There is no authorized third party or calibrator that can calibrate TA Instruments equipment. They have engineers that have been trained to calibrate the equipment as per TA Instruments’ specification. There is no third party who can purchase replacement parts from TA Instruments. They have professional engineers who install parts only manufactured for TA Instruments equipment. Specifically, TA Instruments has proprietary knowledge and components required to calibrate and to service such apparatus. There are no other OEM-approved vendors of such service, A2LA Accredited or otherwise.

6. Market Research: Market research was conducted in July 2019 by Michael Foley, Materials engineer in a form of an online search for contractors who could maintain or calibrate TA Instrument scientific equipment, which confirmed that there are no other contractors permitted or aurthorized by TA Instruments to maintain or calibrate the TA Instrument equipment, except authorized TA Instrument service providers. No other company can maintain or calibrate TA Instrument scientific equipment. (certification of sole manufacturer attached). TA Instruments – Waters L.L.C., (CAGE 0MJS5) is the only OEM authorized maintainer and calibrator of the TA Instrument equipment and devices.

7. The POC for this action is Michael Foley, michael.j.foley7.civ@mail.mil, 586-282-2280.

8. Technical Certification: I certify this justification is accurate and complete to the best of my knowledge and belief.

Name: Michael J. Foley Title: Materials Engineer Signature: //s// Date: 9/30/2019

9. Contracting Officer Certification: I certify this justification is accurate and complete to the best of my knowledge and belief.

Date 9/30/2019 Jeffrey B. Yeager //s// Contracting Officer

ACC-WRN FT 4293, 03 MAY 2018 Previous Edition is Obsolete Page 2 of 2

ElastomerLabEquipmentReplace.pdf

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NOTES:

F-2 Item is FOB ORIGIN -the price of the item does not include cost of transportation from the vendor to your shipping location.

Additional charges for transportation will be added by the vendor.

EPACT-3

This item has not been designated as EPACT compliant. Section 104 of the Energy Policy Act (EPACT) of 2005 requires agencies to purchase only Energy Star qualified or FEMP-designated products within specific product categories. You may continue shopping.

Notes WECSYS LLC (GS-06F-0049S) Get a Quote

(eBuy)

PUNCH & DIE

(KNOCKOUT)

293-0108BD

Mfr: GLOBAL

SOURCE

Direct Delivery 15 days delivered

ARO

Qty 1

$13,530.35 BD

[reduce price] $13,530.35

Sub Total: $13,530.35

Notes CENTRAL AIR COMPRESSOR COMPANY (GS-07F-0353T)

F-2 AIR DRYER;

REFRIGERATION; CYCLING

RDS3750WATER/COOLED

Mfr: CURTIS

60 days

$68,152.65 EA

$68,152.65

Sub Total: $68,152.65

Notes FRANKLIN YOUNG INTERNATIONAL, INC (GS-07F-0636W)

EPACT-3 CALORIMETERS

30319178

Mfr: METTLER TOLEDO INC

21 days shipped

$82,136.62 EA

$82,136.62

EPACT-3 THERMOGRAVIMETRIC

ANALYZERS

30319254

21 days

$76,580.96 EA

$76,580.96

Cart Summary

Total:$582,130.78

Notes

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Price

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Mfr: METTLER TOLEDO INC shipped

STRATUM PTC PURGE &

TRAP CONCENTRATOR

N6351000

Mfr: PERKIN ELMER

7 days

$21,640.06 EA

$21,640.06

EPACT-3 THERMOGRAVIMETRIC

ANALYZERS

30319252

Mfr: METTLER TOLEDO INC

21 days

$64,707.10 EA

$64,707.10

Sub Total: $245,064.74

Notes GOVERNMENT SCIENTIFIC SOURCE, INC. (GS-07F-5934R)

SWITCHSENSE ANALYZER

DRX2

A-02-96-DRX2

Mfr: DYNAMIC

BIOSENSORS

30 days

$199,294.71 EA

$199,294.71

TMA-60

THERMOMECHANICAL

ANALYZER

347-65000-92

Mfr: SHIMADZU

30 days

$36,675.26 EA

$36,675.26

Sub Total: $235,969.97

Notes SEVA TECHNICAL SERVICES (GS-21F-089BA)

LEESON

MOTORS

3-PHASE

SEVERE DUTY...

30587622

Mfr: GRAINGER

7 days

$19,413.07 EA

$19,413.07

Sub Total: $19,413.07

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