A02.05_Max_Cube_KO_Det_Brand_Name_ERDC-19-1516.pdf

ERDC-19-1516

Contracting Officers Determination

Brand Name

The U.S. Army Corps of Engineer (USACE), Engineer Research and Development Center (ERDC) Contracting Office (ECO) intends to make contract award pursuant to the authority of FAR 13.106-1(b)(1)(i), Soliciting from a Single Source, for the purposes of providing written consent and approval to purchase a brand name Elementar Vario Max Cube.

The Environmental Lab has a requirement to procure an instrument for the detection of carbon, nitrogen, hydrogen, sulfur (CNS) analysis and total organic carbon (TOC) analysis in organic and inorganic solid samples and liquid extracts of those materials (soils, plants, environmental samples).

In accordance with FAR 13.106-1(b), Soliciting from a Single Source (1) for purchases not exceeding the simplified acquisition threshold (i) 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).

Specific characteristics of the Vario Max Cube CNS with TOC and Sulfur upgrade that limits the availability to a name brand is that it is the only system found that is fully automatic with an autosampler and automatic ash removal and can simultaneously analyze for Carbon, Nitrogen, Sulfur, and TOC.

Based on the above and in accordance with FAR 13.106-1(b), it is hereby determined that the Brand Name Elementar Vario Max Cube is the only product that will meet the government’s requirements, and therefore in the best interest of the Government.

Chelsea Whitten Contracting Officer