A03_-_DnF_for_OTFOC_under_ 150K_ClarkMXR_2.doc

JUSTIFICATION FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS $150,000 AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: Three (3) year maintenance contract on the Clark-MXR CPA-2110 Compact ultra-short pulse laser.

2. PROPOSED CONTRACTOR/MANUFACTURER:

CLARK-MXR, INC.

7300 W HURON RIVER DR

DEXTER, MI, 48130-1065 ,

UNITED STATES

DUNS: 784386179

CAGE Code: 0SXV4

3. ESTIMATED TOTAL VALUE: Basic contract:

$18,950.00 Option #1:

$18,002.50 Option #2:

$18,002.50

TOTAL:

$54,955.00

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION: The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1), implemented by FAR Part 13.106-1(b)(1)(i) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE:

The justification of FAR Part 13.106-1(b)(1)(i) is cited due to the fact that Clark-MXR is the manufacturer of this product, CPA-2110 Compact ultra-short pulse laser, which uses proprietary technology and parts. This laser by Clark-MXR was developed by the Department of Commerce SBIR, Contract 50-DKNB-5-00123 W911QX-13-C-0008 for use by DOD "Ultrafast Compact Laser Source for Non-Linear Optical Diagnostics". Their design has numerous patents (patent numbers 5,530,582; 5,572,358; 5,592,327; 5,594,256) and includes the fiber seed oscillator design, not available from other femtosecond laser manufacturers, that eliminates one pump laser and has the additional benefit of a more stable seed source. It is the only fully integrated kilohertz titanium: sapphire femtosecond laser system available on the market. Clark-MXR has not authorized any other company to perform maintenance on this machine and therefore is the only company authorized to service their proprietary fully integrated kilohertz titanium: sapphire femtosecond laser system. The cost of developing a new laser system from another manufacuter would result in substanical duplication of costs which would not be recovered when compared to servicing the already developed laser system.

6. MARKET RESEARCH CONDUCTED/EFFORTS TO OBTAIN COMPETITION:

Market research was conducted by Dr. Tomoko Sano Materials Engineer, Lightweight Specialty Metals Branch, eight (8) years as a materials characterization expert. AbilityOne, government contracting databse, and GSA vendors were queried. In addition, Dr. Brian Schuster, laser machining and micromechanical testing expert, ARL, was also contacted for information on possible laser vendors able to conduct the service maintenance.

7. FAIR AND REASONABLE PRICE DETERMINATION:

It has been determined that the anticipated price to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief.

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