J and A TESCAN FESEM SIGNED.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

J&A No.: J&A13.501-24-MR23

Estimated Cost: $691,036.00

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain

Commercial Items In Accordance With Federal Acquisition Regulation (FAR) 13.5

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a sole source proposed contractual action pursuant to the authority of: ☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The Naval Research Laboratory Contracting Division proposes to enter into a Brand Name Sole

Source contract with TESCAN USA under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved: Brand Name Sole Source under procedures for certain commercial items in accordance with FAR 13.5.

This Justification and Approval (J&A) requests authority to issue a Firm Fixed Price Brand Name

Sole Source contract to TESCAN USA located in Warrendale PA for the procurement of a TESCAN

CLARA Ultra-High Resolution (UHR) Schottky Field Emission Scanning Electron Microscope (FE

SEM) with installation, training, and maintenance.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

The Materials Science and Technology Division (Code 6300) at the Naval Research Laboratory

(NRL) has a requirement for a high-resolution, variable pressure Shottky Field Emission Scanning

Electron Microscope (FE SEM) capable of automated operation, including an automated sample loading/unloading load-lock system. The FE SEM system will be used to conduct critical research by multidisciplinary teams of materials scientists, physicists, chemists, and engineers. These efforts lead to significant advances and developments in Navy technologies and defense capabilities. The

FE SEM system must be compatible with the existing Application Programming Interface used at

NRL, and NRL’s custom designed sample automation pucks. It must meet all specifications outlined in Attachment 1-FESEM Requirements V2. Installation, onsite training and maintenance must be performed by manufacturer’s certified personnel. The estimated total cost for this acquisition is anticipated to be $691,036.00.

TESCAN FESEM J&A No.: J&A13.501-24-MR23

4. The statutory authority permitting sole source.

The authority for permitting other than full and open competition is 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a).

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

TESCAN USA was determined to be the only manufacturer of a FE SEM system capable of properly interfacing with the current software programming and customized algorithms in use at

NRL, and has demonstrated compatibility with NRL’s custom designed sample automation pucks.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in the

Government Point of Entry (GPE) (as required by FAR 5.2) and, if not, which exception under

5.202 applies.

Market Research was conducted to identify appropriate FE SEM system capabilities and sources to support ongoing research projects at NRL. The Technical Representative reviewed online catalogs, product literature, price lists and similar procurements. A market survey of possible sources indicates other manufacturers’ similar products lack the particular features outlined in Attachment 1-

FESEM Requirements V2 do not meet, or cannot be modified to meet the Government’s requirement. It was determined that TESCAN USA manufactures the only FE SEM system that would properly interface with the current software programming and customized algorithms in use at

NRL. Other vendors cannot replicate this API, and the trial of another API would significantly delay deployment of the system, and would represent significant risks for NRL. Additionally, only

TESCAN USA has demonstrated compatibility with NRL’s custom designed sample automation pucks.

The Contracting Office conducted similar Market Research. In addition, a Sources Sought Notice

(N00173-24-RFI-MR24) was published on SAM.gov from 02 August 2024 - 19 August 2024. The intent of the SSN was to gauge industry interest, and search for potential sources capable of fulfilling the requirement. The SSN included the Government’s minimum technical requirements and specifications. One response was received from TESCAN USA. TESCAN USA’s response was evaluated by the Technical team and found to meet the Government’s needs.

Following the closing of the SSN and completion of the response evaluation by the Technical team, a Notice of Intent (NOI) to Sole Source to TESCAN USA was published on SAM.gov in accordance with FAR Subpart 5.2. The NOI, N00173-24-Q-MR23, was published from 9 September 2024 - 20

September 2024. Vendors were given an opportunity to provide brand name or equal solutions that meet or exceed the salient physical, functional, and/or performance characteristics of the FE SEM system outlined above to be acceptable for award. Zero inquiries or challenges to the NOI were receive at the time of closing.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The anticipated cost to the government for this action is $691,036.00. The Contracting Officer will determine price reasonableness in accordance with FAR 13.106-3(a)(2) through the use of market research to find comparable pricing for similar items and comparison to proposed prices to previous similar purchases.

8. A description of the market research conducted and the results or the reason market research was not conducted.

As noted above in Section 6, Market Research was conducted in accordance with FAR 10.001 to determine if sources capable of satisfying the subject requirement exist and determine whether the requirement is regularly offered in the commercial marketplace. Additionally, market research was conducted to determine if either an 8(a) firm or a small business have the capability to meet the

Government’s requirement and support the development of an appropriate acquisition strategy.

Based on the above market research, the determination was made that NRL’s FE SEM system requirement can be met by TESCAN USA’s TESCAN CLARA Ultra-High Resolution (UHR)

Schottky Field Emission Scanning Electron Microscope (FE SEM). This system is capable of interfacing with the existing software and custom sample automation pucks currently in use at NRL.

TESCAN USA is also able to provide installation, training and maintenance by certified personnel.

9. Any other facts supporting the use of sole source.

As mentioned in Section 6, other manufacturers’ similar products lack the particular features outlined in the specification, do not meet, or cannot be modified to meet the Government’s requirement.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

TESCAN USA

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

While existing sources could develop supplies, services, and obtain the certifications required to satisfy this acquisition, this would be a major undertaking requiring both extensive time and funds, possibly delaying critical research work at NRL.

NRL is not aware of any specific procedural barriers to competition. NRL has no plans at this time to procure future items for the type of supplies covered by this document. If another potential source emerges or new technology is developed which advances the state of the art and provides the capabilities NRL requires, NRL will assess whether competition for future requirements is feasible.

In accordance with FAR 13.501(a)(iii) this J&A will be made publicly available on www.SAM.gov within 14 days after contract award.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

David Rowenhorst Date Telephone No.

LEGAL SUFFICIENCY REVIEW

I have determined that this Justification is legally sufficient.

Legal Counsel

Name:

Date Telephone No.

CONTRACTING OFFICER CERTIFICATION

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

Ryan Wheelock, Contracting Officer Date Telephone No.

COMPETITION ADVOCATE APPROVAL

Craig S. Barton, Chief of the Contracting Office Date Telephone No.

http://www.sam.gov/