A03_-_Redacted_Simplified_Acquisition_Sole_Source_Justification_over_ 150K.pdf

Control No. 15-51

Simplified Acquisition Sole Source Justification Review Document

Program/Equipment: One (1) [REDACTED] Horizontal Ball Milling Apparatus

Authority: 41 USC 3304(a) per FAR 13.501(a)(1) Amount: $331,335.50

Prepared By:

Typed Name: DSN:

Title: Date: 02 April 2015

Procuring Contracting Officer:

Typed Name: Phillip Amador DSN: 258-3523

Date Reviewed: 13 August 2015

Technical Representative:

Title: Date Reviewed: 02 April 2015

Requirements Representative:

Title: Date Reviewed: 02 April 2015

Legal Review: I have reviewed this justification and find it adequate to support other than full and open competition.

DSN:

joseph.m.dellinger Cross-Out

Simplified Acquisition Sole Source Justification Using Simplified Acquisition Procedures

1.a. Contracting Agency U.S. Army Contracting Command - Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division, 2800 Powder Mill RD, Adelphi, MD 20783

1.b. Requiring Agency U.S. Army Research Laboratory, Weapons and Materials Research and Development (WMRD), Lightweight and Specialty Metals Branch, RDRL-WMM- F, Aberdeen Proving Ground (APG), Building 4600, Aberdeen Proving Ground, MD 21005

2. Description of Action Approval is requested to solicit for a new firm-fixed price (FFP) contract on an Other Than Full and Open Competition basis for one (1) [REDACTED] Horizontal Ball Milling Apparatus from [REDACTED]. This will be a onetime purchase using Fiscal Year (FY) 2015 Research Development Test and Evaluation (RDTE) funding.

3. Description of Supplies/Services The proposed acquisition consists of one (1) [REDACTED] Horizontal Ball Milling Apparatus [REDACTED]that must meet the following Army Research Laboratory (ARL) minimum requirements:

1. Apparatus shall include a carrier gas discharge unit

2. Apparatus shall include all connection assemblies

3. Apparatus shall include a functional vacuum system

4. Apparatus shall include add-ons for low and high temperature operations

5. Apparatus shall include a sound absorption cabinet

6. Apparatus shall include auxiliary equipment for overpressure conditions

7. Apparatus shall include spare parts kit

8. Apparatus shall include milling jars for high-energy milling of soft and refractory metal as well as ceramic powders

The estimated total dollar value for this procurement is $331,335.50.

4. Authority Cited:

The statutory authority permitting other than full and open competition is 41 USC 3304(a), implemented by FAR 13.501(a), using the specific authority selected below:

X (1) The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;

(2) The executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;

(3) It is necessary to award the contract to a particular source—

(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;

(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;

(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or

(D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;

(4) The terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for that government, have the effect of requiring the use of procedures other than competitive procedures;

(5) Subject to section 3105 of this title, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial item for authorized resale;

(6) The disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or

(7) The head of the executive agency (who may not delegate the authority under this paragraph)—

(A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned; and http://www.law.cornell.edu/uscode/text/41/3105

(B) notifies Congress in writing of that determination not less than 30 days before the award of the contract.

CITING APPROPRIATE AUTHORITY - If you can’t decide which authority is most appropriate, additional guidance can be found at FAR 13.5, FAR 6.302-1(b), and AFARS 6.302-1(b).

5. Reason for Authority Cited:

The U.S. ARL is engaged in lightweight metal and alloy research wherein it has been shown that the reduction of the materials’ grain size to the nanoscale is beneficial in dramatically increasing its strength without compromising its other properties. In turn, the increase in strength translates into greater flexibility in the utilization of parts made from nanostructure metals or alloys. In order to support this research, it is important to be able to generate volumes of nanostructure powders, which then can be consolidated into bulk parts.

Typically, nanostructure powders are generated using high energy milling processes, wherein the grain size of a small amount of powder is refined. This is satisfactory on a small proof-of-concept scale, however, there exists a need for larger milling apparatuses that can do the same but producing larger quantities.

Significant quantities of powders would allow for the production of bulk parts that, in turn, could be tested at a relevant size scale appropriate for ballistic impact testing.

On a small five-ten gram scale, the energy imparted to a coarse powder may be achieved with relative ease in a small-scale research laboratory shaker mill.

Typically, such shaker milling units are small bench-scale size. The process of breakdown of the coarser particles to finer scales, entails the continuous high impact velocity bombardment of these particles by a large number of steel or ceramic ball bearings. The translational energy imparted by the balls causes the breakdown of the particles resulting in an ultrafine grained powder mass. The scaling of this methodology from gram size to kilogram (kg) (1000 grams(g)) batches entails the dimensional scaling of the milling jars and associated apparatus, which is complex because, at the same time, the imparted energy needs to be scaled as well.

Of the various milling apparatuses [REDACTED], only the latter two (2) methods have the required energy-impact relationship necessary for the required grain-size reduction to the nanoscale. Additionally, only at these processing energies is it possible to create the unique nano-scale sub structural features (e.g., short and long range ordered structures, point defects, atomic clusters, stacking faults, precipitates, dispersions, amorphous features) that impart these materials with the dramatic improvement in properties in an acceptable time frame with minimal contamination. In particular, [REDACTED] mills are equipped to allow control over milling temperature (low and high) and can be run under vacuum or in over pressure mode (utilizing various types of cover gas) allowing for a processing flexibility not attained by other mill types (e.g. capable drum/ball mill, attritor, planetary and spex) and required by the Government. This eliminates the “spex” milling apparatus, which leaves only the [REDACTED] provides the quantity of nano- structured powder with the appropriate atomic-level refinement required by the Government. Therefore, no other entity is capable of fulfilling the requirements of the Government. Due to the aforementioned, [REDACTED] is the sole vendor that is capable of satisfying the Government’s requirement.

6. Efforts to Obtain Competition:

Based on the market research performed by the Technical Point of Contact (TPOC) (See section 8) no other vendors other than [REDACTED] were found to be able to fulfill the Government’s minimum requirement of providing a milling apparatus that can provide the quantity of nano-structured powder with the appropriate atomic-level refinement. The Government will continue to perform market research to identify new manufacturers and seek opportunities for competition for future milling apparatus’ requirements.

7. Actions to Increase Competition:

Based on information provided in section five (5) above, competition for this action was not feasible. However, ARL will continue to search the marketplace to increase competition by attending conferences/exhibitions, reviewing trade journals, World Wide Web (WWW) research and through open discussion with industry and academia experts. Until a capable and qualified vendor is identified that can fulfill the Government’s minimum requirements for this onetime purchase, only new product development would increase competition. To date, no other vendor has been identified that manufactures a Large-Scale Milling Apparatus other than [REDACTED].

8. Market Research:

[REDACTED] conducted market research during the period of 02 February 2015 to 26 March 2015 by telephone consultations, literature surveys conducted via internet searches, and review of other market research efforts conducted for similar or identical items [REDACTED]. The level of flexibility in scaling that was required for the powder processing effort was not met by other intermediate energy powder milling apparatus suppliers.

9. Interested Sources: A FedBizOpps synopsis notice [REDACTED] required by FAR 5.201 was published to the Army Single Face to Industry (ASFI) on 08/12/2015 and closes on 08/28/2015. To date, no other sources have written to express interest. In accordance with FAR 5.201, should any other bids or proposals be received in response to the notice, their information will be forwarded to the approving official for consideration.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several awards. [REDACTED]

(2) Competitive status of these actions. Other than full and open competition, sole source.

(3) Authority previously used for less than full and open competition. FAR 6.302-1, One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

Summary: ARL will continue to search the marketplace to increase competition by attending conference/exhibition, trade journals, World Wide Web research and through open discussion with industry and academia experts. Until a capable and qualified vendor is identified that can fulfill the Government’s minimum requirements for this onetime purchase, only new product development would increase competition. To date, no contender has been identified that manufactures a Large-Scale Milling Apparatus.

Results: Based on the market research performed by the TPOC (See section 8) no other vendors other than [REDACTED] were found to be able to fulfill the Government’s minimum requirement of providing a milling apparatus that can provide the quantity of nano-structured powder with the appropriate atomic-level refinement.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. Not Applicable

(6) An explanation of any unusual patterns which may be revealed by the history; e.g., several consecutive, urgent buys. Not Applicable

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. The circumstances justifying the previous procurement on a sole source basis is the same as this action, no other source provides the type of milling apparatus that can provide the quantity of nano-structured powder with the appropriate atomic-level refinement required to fulfill the Government’s requirement. Market research has determined that the market place has not changed and [REDACTED] remains the only source that offers a milling apparatus that can provide the quantity of nano-structured powder with the appropriate atomic-level refinement.

b. Acquisition Data Availability. The [REDACTED] is available to the public which describes the product that meets the government’s requirements.

c. Unusual and Compelling Urgency. Not Applicable

d. Subcontracting Competition. Not Applicable

e. Follow-on Contracts. Not Applicable

11. Technical Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Materials Engineer

12. Requirements Certification:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Acting Team Leader

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Actions anticipated to ensure cost/price reasonableness will be accomplished in accordance with procedures and criteria contained in the Federal Acquisition Regulation (FAR) and justification will be disclosed in the official contract file to include a published price list if available, and comparison of the proposed price with prices found reasonable on previous purchases. Cost or Pricing data is not required, in accordance with the threshold at FAR 15.403-4(a)(1).

X Phillip J. Amador

9/8/2015

Con tractin g Officer (KO)

Sign ed by: AMADOR.PHILLIP.J.1178373494

14. Procuring Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of [REDACTED] on an other than full and open competition basis pursuant to the authority of 41 USC 1901, implemented by FAR 13.501(a)(1),, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.