(D1) LIBS Sole Source Justification Signed.pdf

SSBA M4226/1 (01-17)

JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR AN ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND

1. 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).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum 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 (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE

The Supervisor of Shipbuilding in Bath, ME (SSBA) has a technical requirement for an inspection tool to determine the elemental makeup of metals used in shipbuilding to determine whether the proper alloy or metal type was used in a particular application and whether the proper weld metal was used. This request is for a handheld Laser Induced Breakdown Spectroscopy (LIBS) analyzer with the capability of detecting at minimum the following elements; C, Al, Si, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Se, Nb, Ta, and R with a sampling range that can measure the elemental makeup of steel and other metals. The LIBS analyzer must be capable of detecting the full range of elements found in shipbuilding metals, along with potential contamination by an undetermined detrimental element, which requires an enhanced sampling range. An argon-purge system is required in order to clear moisture and oxygen away from the sampling area to increase precision and accuracy of measurements. All data must be stored internally when the instrument is in field use and then reexamined when back in the office. The instrument must have a warranty period of at least 1-year, and access to replaceable components in the event of normal wear as well as rapid heat dissipation technology. An additional requirement for the LIBS analyzer is access to ongoing training and to qualified technicians in the case that troubleshooting is required. SSBA will procure a SciAps Z 902C+ Premium Analyzer for elemental analysis of metal alloys. The requested analyzer features an integrated, user-replaceable argon purge technology for improved precision, a high resolution spectrometer, an integrated camera which allows for easy viewing of tests by operators, and a macro camera to provide photo documentation of materials being tested. The unit includes Apps that detect the elements in carbon steels, stainless steels, aluminum, copper base, nickel base, titanium base and cobalt base materials which are some of the materials in use at the shipyards under SSBA cognizance.

III. 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.

2. _X_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.

This is a highly specialized field with the few major manufactures identified and evaluated.

Market research was performed by SSBA that revealed the major vendors of handheld LIBS Analyzers are SciAps, Hitachi-Hightech, Verichek, BWTEK, and Thermo Fisher. The only company found that meets the requirements outlined in the prior section was SciAps. SSBA market research identified only one other company that could provide a LIBS analyzer that had the argon-purge capability, Thermo Fisher Scientific’s Niton Apollo LIBS analyzer, but this instrument lacked the capabilities of detecting the large range of elements required. Two other LIBS manufacturers, StellarNet Inc. and Hitachi High-Tech Analytical Science, did not have the argon-purge capability, and in both cases the range of elements was deficient for this requirement. The unit is easy to use and does not require any special training or certifications which may be difficult or impossible to obtain, putting the ability to apply the unit to our immediate need at jeopardy.

Efforts to obtain maximum competition is the primary goal of this office; however, this item is manufactured and sold only through SciAps Inc., competing this requirement is not an option as no authorized resellers are able to meet competition efforts. The Government has concluded award to only one source capable of meeting and fulfilling this requirement.

SciAps Inc. is identified as a small business.

3. __OTHER REASONS

B. __BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. __URGENT AND COMPELLING. 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.

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS

A. 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 Name (Printed) / Phone #

Date

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

Signature Name (Printed) / Phone #

Date