A02.14 Sole Source Justification__Redacted FINAL.pdf

CUI

ERDC Control No: 23-2754

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $250K)

1. Agency/Contracting Activity: Engineer Research and Development Center – Construction Engineering Research Laboratory (ERDC – CERL)

2. Description of Action:

Nature: New Requirement Follow-On Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time and Materials

Funds: 21x2040 Research Development Test and Evaluation, Army

3. Description of Supplies/Services:

a. Equipment is sought for the analysis of wastewater samples to determine effluent water quality, specifically the toxicity of the samples. The analysis of wastewater samples will support efforts to expand water reuse across military installations. The major requirements include:

Portable instrument for bringing to the field An instrument that detects pathogens and toxic chemicals through acute toxicity and ATP detection Quick sample analysis <30 mins

b. The total estimated dollar value of the proposed action is

4. Authority: FAR 13.106-1(b) (1): For purchases not exceeding the simplified acquisition threshold (SAT), 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).

5. Reason for Authority Cited: The portable microtox manufactured by Modern Water is the only portable microtox unit that meets the requirements of the Federal Government. There are two manufacturers of microtox analysis equipment based on market research. Modern Water is the only company that manufactures a portable microtox, which is needed for our research.

6. Actions to Increase Competition: Based on information provided above, competition for this action is not feasible. A notice of intent to sole source was placed on the SAM website on 4 May 2023 in accordance with FAR Part 5.2. No responses were received by the 11 May 2023 closing date. Future requirements will be evaluated for competition and procured in a manner befitting the circumstances.

7. Market Research:

ERDC Control No: 23-2754

13. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Basis for the determination: price analysis techniques.

Contacting Officer

14. Contracting Officer’s Approval: I hereby certify that this Justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Contacting Officer