J--Brand Name Determination - RFQ 68HE0826Q0053

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RFQ 68HE0826Q0053 - Maintenance and Service Plan, Skalar Formacs HT TOC/TN Analyzer
1.
Authority
RFO 12.102(a) (decision to restrict competition, including brand-name without “equal,” at or below the SAT) and RFO 11.204(a) (brand-name requirement: essential, supported by market research, documented in the file, posted for acquisitions over $25,000).
2.
Acquisition and requirement
Commercial service, RFO 12.201-1: firm-fixed price under purchase order, 12-month base plus three 12-month options. The value of the acquisition, including all options, exceeds $25,000 (RFO 1.107(c)(1)). Service must be performed by Skalar, Inc. or a Skalar-authorized provider using genuine Skalar parts; no “equal” parts. The RFQ was posted publicly on September 22, 2026, so that any authorized provider could quote.
3.
Why the brand-name requirement is essential (RFO 11.204(a)(1))
•
Skalar support plans are governed by the Velaris Support and Maintenance Plans (2026). Section 7.1.1 voids coverage if the instrument is serviced by a non-authorized provider; section 7.1.5 requires genuine parts. Service from an unauthorized provider, or with non-genuine parts, would leave the Government without manufacturer coverage.
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Formacs HT is a proprietary analyzer. Its service procedures, calibration routines and preventative-maintenance kits are specific to the instrument and available only through the manufacturer and its authorized network.
4.
Market research
The manufacturer and two other potential sources were considered: a national equipment-maintenance reseller that would place the work with the manufacturer and could not commit to the required site visits, and a third-party laboratory service firm with no established Skalar authorization or access to genuine parts. No source other than the manufacturer and its authorized providers was found. Details are in the market research report in the contract file.
5.
Posting and determination
Posted to SAM.gov on September 24, 2026, with notice 68HE0826Q0053 (RFO 11.204(a)(3)). Manufacturer or manufacturer-authorized service using genuine Skalar parts is essential to the Government’s requirement; market research shows that other companies’ similar services, and services lacking the feature, do not meet and cannot be modified to meet the agency’s minimum needs; and the requirement is limited to the extent necessary (RFO 11.102(a)(1)(ii). The brand-name requirement is justified under RFO 12.102(a) and 11.204(a).

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