JA__PR_56-9104-19__Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain Commercial Items In Accordance With Federal Acquisition Regulation (FAR)

13.5

PURCHASE REQUEST NO.

56-9104-19

J&A NO: J&A13.501-19-AR01

Estimated Cost:

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 U.S. Department of Navy; Naval Research Laboratory Contracting Division proposes to enter into a sole source contract with TA Instruments – Waters LLC , under simplified procedures for commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

This new action under FAR 13.5 is for the procurement of a TA Instruments’ Thermal Analysis Suite of equipment from TA Instruments – Waters LLC. This suite of equipment will be purchased via a firm fixed price contract.

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 Thermal Analysis Suite is a system of analytical components designed to perform an extensive interrogation into the thermal properties of glass and polymer materials. The system is comprised of several modules, each of which gathers specific information on the thermal properties of the material under investigation, and which collectively give insight into the complete thermal behavior and thus the nature of the material.

We are currently in the midst of several programs that rely on the characterization of newly developed materials, including polymers, glasses, crystalline materials and composites. Our current thermal analysis system is quite old, and several components are either not working or require repeated runs to obtain useful data. It is time critical that we implement the new system ASAP so we may continue with the materials development as required by our current program timelines. In addition, the implementation of the new thermal analysis capabilities is critical in addressing pressing and upcoming Navy needs for new optical materials development.

The estimated dollar value of the entire system is and the delivery and training will be completed within 75 days of the contract award date.

pg. 2

4. The statutory authority permitting sole source. ☒☒ 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.

Due to legacy data compatibility and interoperability requirements, it is necessary to have a suite of components controlled by a single computer. TA Instruments is the only vendor that can combine all the required analytical components into a single system, controlled by a single computer. The suite of equipment must include a standalone differential scanning calorimeter (DSC), a standalone thermogravimetric analyzer (TGA), a combined DSC/TGA for high temperature measurements (SDT), a thermomechanical analyzer (TMA), a dynamic mechanical analyzer (DMA), and an optical dilatometer capable of contact-free dilatometry and fleximetry, with heated microscopy capability. While some of these components are available through other competitors as a single unit or some combinations of units, there is no other vendor that can supply a complete thermal analysis system that is capable of all the required measurements while being controlled by a single computer. Software compatibility and interoperability difficulties would prevent us from being able to inter-connect TA equipment to that of other vendors.

Purchasing a combination of components from different vendors would increase the scientific, administrative, and monetary burden upon the government.

TA Instruments is the only vendor that can meet the Government’s requirement of providing an optical dilatometer integrated into a Thermal Analysis Suite. Traditional pushrod dilatometers use a contact probe (pushrod) at a point on a stationary sample, and the movement of the probe is measured as the sample heats up. Optical dilatometry is a recent technology that measures the volume changes of the sample optically, with no contact, and thus no external forces are exerted on the sample during the measurement. A key capability for all of the projects is the ability to observe the samples during the measurement. This technique will allow us to measure and observe samples as they are heated up to and beyond the dilatometric softening points, and conduct sintering studies, which is needed in several programs. Optical dilatometers eliminate the need for lengthy sample preparation since there is no longer a requirement for flat and parallel samples (as needed for pushrod dilatometry).

The Government required fleximeter is necessary to the study the interface stresses of our layered composites, as well as studying the physical behavior of our glass and composite samples without contact bending, giving a more accurate characterization of our evaluated materials. The optical dilatometry with heated microscopy stage will allow us to simultaneously measure and view the samples while undergoing physical changes through the softening point and sintering ranges of our materials which include polymers, crystalline materials, glasses and composites in odd shaped and powder forms. The research needs of the Government dictate that any Thermal Analysis Suite contain a non-contact optical dilatometer with fleximeter and heated stage microscopy. TA Instruments is the only vendor that can meet this need.

The configuration of the requested thermal suite was based on the current combined program needs of the scientists within our branch, which covers a wide range of materials and analysis temperatures. Due to the anticipated use of the standalone TGA, the standalone DSC and the combined TGA/DSC unit, we require specific performances for each component. For example, the high resolution and precision requirements of the standalone DSC are required to resolve the very small differences in the glass transition temperature of layered polymers under development, and to accurately measure and determine the precise temperature required for hot pressing of

pg. 3 stacked component polymers. The TGA specifications for heating range and heating rate were determined based on the needs of our radiation sensitive glass and polymer development programs, and the vacuum requirement is necessary for atmosphere sensitive studies and evolved gas analysis of composite materials currently under investigation.

TA Instruments offers a standalone DSC module that can satisfy the high performance levels as specified in our requirements, and they can supply a standalone TGA module capable of the required vacuum capability, heating range and heating rates. In addition, they have an Optical Dilatometer Platform that offers contact-free optical dilatometry, fleximetry, and heated stage microscopy. These additional capabilities provided by TA suite of equipment are necessary components of the Government requirement, and TA is the only vendor that can provide this necessary functionality.

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 FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

Sources Sought Notification issued on 12/13/2018 in FEDBIZOPPS.

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 dollar value for the proposed acquisition is

In accordance with FAR 15.402, the Contracting Officer shall ensure that the services under this contract are procured at a fair and reasonable . The Contracting Officer will perform a cost analysis in accordance with FAR 15.404( ) to determine whether the overall price is fair and reasonable.

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

Of critical importance in the procurement of the system from TA instruments is the continuity of legacy data. Several ongoing NRL programs currently rely on measurements taken on the existing, older TA Instruments Thermal Analysis system, and it is vital that this data be accessible and comparable to any new data. The current TA Suite uses a much older version software system from TA Instruments, which will be recognized with the new TA instruments software, but will not be with any competitor’s software. If NRL were to procure a thermal analysis system from another vendor, the current repository of NRL test data would be inaccessible by the new system software. While it may be possible to export the TA data files into a format readable by the new software, the transferred files would most likely be missing critical test data regarding experimental setup, test parameters, and evaluation data. Re-measuring the thermal properties of older samples that are under development in current programs – which would be a necessary task in order to utilize and compare the thermal behavior of materials developed prior to the procurement of the new system – would place unnecessary cost and time burdens upon the Government, and create risk to fulfilling the Navy mission.

pg. 4

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

NETZSCH Instruments responded to the Sources Sought notification. After review and analysis of NETZSCH’s offer, it was determined to be non-responsive for the following reasons: the dilatometer that NETZSCH currently offers is a conventional pushrod dilatometer, and not an optical dilatometer, and therefore is not able to perform contact-free measurements; additionally the proposal does not offer fleximetry measurements as required in the Governments’ salient characteristics, and the heating microscopy mode is not currently available from NETZSCH. In addition, the Netzsch standalone TGA component falls short of vacuum capability; likewise the standalone DSC equipment falls short of the required performance levels for heat flow resolution, temperature accuracy, temperature precision, and enthalpy precision.

NETZSCHs response to the optical dilatometer is the DIL 402 Expedis, which was quoted in their response as becoming available on an optical platform in 2019 and with heated microscopy available in 2020. The technical brochure on this equipment describes this dilatometer as a pushrod dilatometer, in contrast to the required optical dilatometer. There is no other documentation on NETZSCH’s site pertaining to an optical dilatometer or fleximeter, and it is not clear when documentation for this offering will become available. When asked for details verbally, the NETZSCH representative described the system as a pushrod dilatometer that would be configured on an optical stage with optical viewing capability. Regardless, this configuration as described will not allow the analysis of materials as explained above (#5), and therefore this NETZSCH dilatometer does not meet the fundamental specifications of the optical dilatometer with fleximetry mode as requested by NRL.

Even if the dilatometer could meet the Government requirement, the Netzsch standalone DSC falls short of the required performance levels for heat flow resolution, temperature accuracy, temperature precision and enthalpy precision as listed in our salient requirements, and the NETZSCH standalone TGA falls short of the salient requirements for heating range, heating rates and vacuum capability. As such, the NETZSCH system was found to not meet the Government requirement.

10. 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.

Due to the unique requirements of the measurements, it is not clear that an alternative source will be able to provide equipment that meets the materials’ interrogation needs of the researchers. In addition, the continuity of data conservation from one generation of equipment to the next is of prime importance. However, a market research study will be conducted to determine if another vendor is able to supply the components as required in a subsequent acquisition.

pg. 5

CERTIFICATION AND APPROVAL

REQUIREMENTS COGNIZANCE

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate. I understand that the processing of this justification precludes full and open competition.

SIGNATURE(Requestor) (Print name/title) CODE PHONE DATE

LEGAL SUFFICIENCY REVIEW

On the basis of the justification, I determined that it is legally sufficient.

SIGNATURE(Legal) (Print name/title) CODE PHONE DATE

CONTRACTING OFFICER (IF > $150,000 AND <700,000): (Procurement Office use Only)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. On the basis of the justification, I 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

SIGNATURE(Contracting Officer) (Print name/title)

CODE PHONE DATE

ACTIVITY ADVOCATE FOR COMPETITION APPROVAL (IF > $700,000 AND <

$13,500,000):

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $13.5 million, this review serves as approval.

SIGNATURE(Competition Advocate) (Print name/title)

CODE PHONE DATE

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO THE

CONTRACTING OFFICER IDENTIFIED ABOVE.

Not Applicable

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