22. N0017323P3104 J&A_SIGNED_redacted.pdf

U.S. Department of Navy Naval Research Laboratory - Small Purchase Branch

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD – (exceeding $10,000 - $250,000)

Purchase Request No.

Estimated Cost (including options, if any)

FAR 13.106-1(b)(1)(i) states 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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

As required by FAR 13.106-3(b)(3)(i), this justification explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

DESCRIPTION OF ITEM OR SERVICE: (Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.)

Fluorimeter to replace aging 12 year old FluoroMax 4 fluorimeter that is failing and which is no longer accurate or reliable. This instrument supports multiple programs on a routine basis and is essential and required for fluorescent research. In summary, fluorimeters operate by exciting samples with incident light and collecting the fluorescence being emitted in an orthogonal path with single wavelength resolution and this provides critical information about how molecules interact with energy.

e have invested substantial resources in equipping our current FluoroMax 4 with an OptistatDN cryostat system and a Pfeiffer Turbo-Drag OVC pump. This is to perform fluorescent experiments on samples cooled to either liquid nitrogen or liquid helium temperatures. The OptistatDN cryostat system has multiple custom manufactured and custom-machined parts to allow it to interface with the FluoroMax 4. The OptistatDN cryostat system and all its custom parts interface with a FluoroMax Plus-C fluorimeter and not any fluorimeters sourced from other manufacturers. Service must be performed by a manufacturer trained and certified technician. All parts used in service must be manufacturer certified.

We intend to purchase the FluoroMax Plus-C from HORIBA Instruments Inc. the sole manufacturer of the system which is compatible with our cryostat.

We require the FluoroMax Plus-C with the following specifications:

The instrument will be housed in a building and laboratory with constantly varying temperatures and humidity changes which are quite detrimental to its performance and the reliability of its parts. We thus require a 4 year Fluorescence Basic System Performance Maintenance Agreement which will allow us to operate the instrument in a reliable manner for the 1st years of its usable lifetime. Without constant professional readjustment due to the effects of temperature and humidity, the instrument will rapidly loose its capabilities.

Water Raman Sensitivity Specification of >10,000:1 FSD.

The system must have all reflective optics, to allow for achromatic illumination of sample and emission collection and precise illumination of micro or reduced volume samples.

Mechanical monochromator resolution (wavelength drive step size) .0625nm Use of plane-ruled gratings in the monochromator as opposed to cheaper holographic ones, because ruled gratings are much less dependent on polarization. This ensures the highest possible dynamic range and sensitivity when making anisotropy/polarization measurements.

Optical Resolution of 0.3 nm FWHM.

Detector, electronics and software integration time of integration time from 1 millisecond to 160 seconds.

Steady state kinetics minimum acquisition time of 1 millisecond to allow for fast reaction kinetics measurements.

Polarization accessory: L-format fully automated dual Glan-Thompson polarizers (>250nm) polarizers. Located at the entrance and exit of the sample compartment for optimum extinction ratio and sensitivity. Software automatically selects polarization angles and also removes polarizers from optical path when not in use.

A continuous 150W ozone-free xenon source delivering excitation light from 230nm to the NIR.

Two single Czerny Turner spectrometers with 1200g/mm ruled gratings, blazed at 330 nm at the excitation for the optimization of the excitation intensity in the UV-VIS range, and blazed at 500 nm at the emission channel for the optimization of the fluorescence signal in the VIS-NIR range.

12. Both monochromators have continuously adjustable entrance and exit slits operated under computer control for the selection of the bandpasses in the range 0-30 nm.

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. __X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required. (Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.)

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM. (Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM).

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. __ _ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. (Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.)

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: (Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.).

4. If appropriate, include any additional pertinent information.

ACQUISITION INITIATOR - Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

SIGNATURE(Requestor) (Print name/title) CODE PHONE DATE

July 6th, 2022

CONTRACTING OFFICER (Procurement Office use Only)

On the basis of the justification, I hereby approve the use of an other than full and open competition proposed contractual action in accordance with FAR 13.106-1(b)(1) Soliciting Competition from a Single Source.

SIGNATURE (Print name/title) CODE PHONE DATE

Print name/title)

Digitally signed by

TAWIAH.CANDICE.A

Date: 2022.10.13 18:10:29 -04'00'