B08_Attachment_1_Redacted_J_A_Redacted_2.pdf

Requisition # 0040608890

JUSTIFICATION AND APPROVAL

Justification for Other Than Full and Open Competition (FAR 6.3)

1. Contracting Agency and Activity. The Department of the Interior, United States Geological Survey, Geology, Energy and Minerals Science Center, Reston Acquisition Branch plans to contract by means other than full and open competition. This document sets forth the justification and approval for use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984.

2. Nature of Action Being Approved. The Geology, Energy and Minerals Science Center (GEMSC) requests a new firm fixed-price contract with JEOL USA Inc., to purchase a new Field Emission Electron Microprobe Analyzer (FE-EMPA) to replace our existing obsolete JEOL 8900 Superprobe.

3. Description of Supplies or Services. An Electron Microprobe Analyzer (EMPA) system is an electron beam instrument that allows for non-destructive submicrometer-scale chemical analyses and has detection limits necessary to characterize geologic materials of interest for trace elements and the identification of critical minerals.

4. Estimated Dollar Value. base year – total estimated cost for all five years is

5. Statutory Authority. The proposed action may be awarded without full and open competition under 41 U.S.C. 253(c)(1) as implemented in FAR 6.302-1.

6. Rationale Supporting Use of Citation in No. 5.

The justification for acquiring a JEOL field emission electron microprobe (JXA-iHP200F) as a sole source purchase is three-fold.

1. Purchase of a JEOL FE-EMPA is required to maintain continuity of research in ongoing projects across the USGS. The USGS Denver and USGS Menlo Park laboratories each have JEOL FE-EMPAs. Purchase of a JEOL in Reston will provide continuity of equipment across centers facilitating interlaboratory comparisons and application of uniform QA/QC metrics in the USGS-wide Quality Management System. As important, the USGS Denver laboratory is slated to be moved from the Denver Federal Center to a new facility at the Colorado School of Mines in FY2023. It is estimated that their facility including their EMPA will be down for ~1 year during the move. For current Denver work to continue unencumbered it is critical that the Reston facility be able to do these analyses using the same analytical setups currently used in Denver, such that apples can be compared to apples to maintain the long-term data set without bias. JEOL USA, Inc. is the sole manufacture of the system and holds proprietary rights to the software, hardware, electronic upgrades.

2. JEOL is the only vendor that offers an electron microprobe with a field emission electron source. Current and emerging research at the USGS is heavily focused on critical minerals research and characterization. Many of the mineral phases that house critical elements are commonly < 1 micron in size. A field emission electron source is required to accurately determine the chemistry of these small phases by electron microprobe quantitative analysis. Only with a field emission source operating at relatively low accelerating voltage can the electron beam spot size and its interaction volume be made sufficiently small (<1 micron) so that the analytical volume is totally within the phase of interest. In as much as critical minerals are an agency priority and a major driver of this purchase, a field emission source is a non-negotiable criterion. JEOL is the sole manufacture of the system and holds proprietary rights to the software, hardware, electronic upgrades.

3. JEOL is the only vendor that offers an electron microprobe with an integrated hyperspectral cathodoluminescence detector that allows for simultaneous detection of the cathodoluminescence (CL), wavelength dispersive spectroscopy (WDS), and energy dispersive spectroscopy signals (EDS). In addition to generating characteristic x-rays, many geologic samples also emit visible and infrared light when excited by an electron beam. This photon signals can be sensitive indicators of trace element concentrations (especially Rare Earth Elements (REE)) and defect structures that are not possible to interrogate by other methods.

Again, this capability is critical for critical minerals research—and especially the subtopic of REE research. The JEOL electron microprobes offer the “XClent system” which is a fully integrated cathodoluminescence system for hyperspectral mapping and spectroscopy (xCLent V) that allows for simultaneous collection of X-rays from the WDS and EDS systems as well as secondary and backscatter electron imaging. No other vendors offer a CL solution for EMPA to meet the Government’s needs.

7. Other Information. N/A

8. The Efforts to Identify Additional Sources Including the Market Research Conducted.

The end user has investigated review of industry publications, commercial directories, Government source lists, contacted other potential commercial or Governmental customers to identify sources known to them. A Sources Sought Notice was posted on SAM.gov and no responses were received. JEOL USA, Inc. is the only authorized distributor of these instruments.

JEOL can meet the Government’s needs as described in paragraph 6, including continuity of data and compatibility with existing equipment in Government inventory. JEOL has no authorized resellers among whom competition can be obtained.

9. Future Plans to Permit Competition. Future acquisitions of this nature are not anticipated at this time; however, any future requirements will be competed at the maximum extent practical.

10. Recommendation and Certification from Program Office

Based on the above, I recommend this acquisition be conducted on the basis of other than full and open competition. I certify that technical data which form a basis for this justification that are the responsibility of technical or requirements personnel are complete and accurate.

11. Certifications from the Contracting Officer:

a. Pricing will be compared to published price lists and previous awards to determine that the cost to the Government will be fair and reasonable.

b. All of the requirements of the Competition in Contracting Act, (41 U.S.C. 253), as implemented in the Federal and Interior Acquisition Regulations, have been considered in preparing this justification. This justification is accurate and complete to the best of my knowledge and belief.