KO_Det_Brand_Name_TOC_ERDC-19-1694..pdf

ERDC-19-1694

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 Shimadzu Total Organic Carbon (TOC) Analyzer.

The Environmental Lab has a requirement to procure a total organic carbon (TOC) analyzer with a total nitrogen module (TNM) that can simultaneously measure carbon and nitrogen in one aqueous sample by combustion using catalytic oxidation for TOC detection followed by catalytic decomposition/chemiluminescence for total nitrogen (TN) detection.

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 TOC analyzer that limits the availability to a name brand is that it is the only instrument found that can simultaneously measure carbon and nitrogen in one aqueous sample. The Shimadzu analyzer is the only known instrument that meets these requirements.

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

Chelsea Whitten Contracting Officer