A02.13-Brand Name Justification REDACTED.pdf

CONTROLLED UNCLASSIFIED INFORMATION (CUI) ERDC Control No. 22-2530

CONTROLLED UNCLASSIFIED INFORMATION (CUI)

BRAND NAME JUSTIFICATION

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

1. Agency/Contracting Activity: Engineer Research and Development Center – Construction and 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: Other Funds:

3. Description of Supplies/Services: ERDC-CERL’s Center of Expertise for Paint and Coatings Technology has a brand name requirement for one (1) elemental analyzer attachment that is manufactured by Keyence Corporation of America. This elemental Analyzer must be able to interface with the Keyence 7000 microscope and perform elemental analysis of various materials without the need for pre-processing or vacuum sealing. The analyzer must have the following specifications:

Compatible with the Keyence 7000 scanning 3D profiling microscope equipment One click function shift from magnification to elemental analysis Nondestructive, alternation free for the target/sample Does not require sample conductivity treatment Does not require vacuum AI function for recommended identification, auto recognition of elements Identifies H1 to U92 elements LIBS based analysis platform with Class 1 laser at 355 nm Provides both magnification and elemental analysis in real-time Conforms to ISO 16232/VDA 19 Multilayer analysis through laser irradiation to drill through top surfaces Image system sensor min 3.19-megapixel CMOS Min max frame rate of 50 fps Coaxial and ring light source Powered through VHX Series Controller existing in the Paint Lab Magnification range 300x to 1000x

Delivery: FOB Destination to ERDC-CERL Champaign, Illinois 61826-9005

The total estimated dollar value of the proposed action is $

Controlled By: ARMY

Controlled By: USACE ERDC

CUI Category: General Procurement and Acquisition

Distribution/Dissemination Control: FED ONLY

POC: Lisa Bernard (217) 373-4425

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: Keyence Corp of America provides the only elemental analyzer that can integrate into CERL’s existing Keyence 7000 microscope. The existing 3D profiling microscope is capable to of rendering highly detailed images. While the images provide a great deal of measurable data, it doesn’t provide the ability to identify the elemental analysis of the sample. To accomplish elemental analysis, an elemental analyzer is needed, and full interoperability is required to perform elemental analysis of various materials without the need for pre-processing or vacuum sealing. The Keyence Elemental Analyzer is the only brand producing an item that, if procured, would avoid the excessive cost associated with testing new products which would create substantial duplication of cost to the Government and cause unacceptable delays in fulfilling the agency requirements.

6. Actions to Increase Competition: A combined synopsis/solicitation will be posted on SAM.gov to promote competition to the maximum extent practicable. This action will be competed amongst distributors of Keyence Corporation of America products that are small business concerns.

7. Market Research: Market research was performed as prescribed by FAR 10.00l(a). Market research conducted by CRREL technical representatives, and the contracts office were unable to identify any additional brands capable of fulfilling the Government's need. Keyence Corporation of America is the proprietor and manufacturer of their Elemental Analyzers. Market research indicates there are distributors of Keyence equipment, which is why this procurement is being restricted to the brand name items and not sole source to the manufacturer in accordance with FAR 13-106-1 (b)(1). The contracts office identified two (2) distributors as follows:

Tevet, LLC - CAGE Code 34SR4 – Greenville, TN - Small Business

Government Scientific Sources, INC. - CAGE Code 0S908 – Reston, VA - Small Business

There is a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery. However, there is not a reasonable expectation of receiving competitive quotes from at least two (2) or more small businesses that are either 8(a), HUBZone, Service- Disabled Veteran-Owned, Woman-Owned, or Economically Disadvantaged Woman-Owned. This requirement will be set aside for small business concerns in accordance with FAR 19.502-2. A combined synopsis/solicitation will be posted to SAM.gov The solicitation will be issued as a total small business set-aside in accordance with FAR 19.502-2.

8. Procurement History:

Previous Purchase Orders(s) or Contract(s): Yes No Purchase order or contract number:

Was action competed? Yes No

9. Additional information to support the justification: N/A

10. Technical/Requirements Certification: I certify that the supporting data under my cognizance which is included in the abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted by:

Position Title:

Email Address:

11. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that this order will represent a fair and reasonable price to the Government in accordance with FAR 13.106-3(a). Basis for the determination: price analysis techniques.

12. 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 brand name justification subject to availability of funds, and provided that the supplies herein described have otherwise been authorized for acquisition.

Type Name:

Title: Contracting Officer Signature: