Redacted Brand Name DnF for OTFOC.pdf

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BRAND NAME DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: The Government requires the following:

Quantity Description Product Code

One (1)

DIADEM IR-10 Laser, a femtosecond Laser with 1030 nm (nanometer), 10μJ (microjoule), 1MHz (megahertz), 400ps (picosecond), Single shot to 1 MHz (megahertz) Linear

DIADEM IR-10

One (1) Shipping Aberdeen Proving Grounds (APG), MD 21005 Not Applicable

2. PROPOSED CONTRACTOR/MANUFACTURER:

Proposed Manufacturer Information:

Spark-Lasers Technopole Bordeaux Montesquieu 12 Rue Isaac Newton, 33650 Martillac, France Foreign-Owned Business

Proposed Reseller Information:

[Redacted]

[Redacted] CAGE Code: [Redacted] DUNS: [Redacted] Business Size: Small

[Redacted] CAGE Code: [Redacted] DUNS: [Redacted] Business Size: Small

3. ESTIMATED TOTAL VALUE: [Redacted]

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR

FULL AND OPEN COMPETITION: The statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i):

X Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements ___ Unusual and Compelling Urgency

___ Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

___ International Agreement ___ Authorized or Required by Statute ___ National Security ___ Public Interest

5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE:

The item(s) listed in section one above is available from only one source and competition is precluded for reasons indicated below. There are no substitutes available.

___ Compatibility: The item(s) must be compatible in all aspects (form, fit, and function) with existing systems presently installed. Describe the equipment you have now and how the new item/service must coordinate, connect, or interface with the existing system:

___ Proprietary: A patent, copyright, or proprietary data limits competition. The proprietary data are described as follows:

___ Experimental Continuity: The item(s) must be consistent with prior materials in order to ensure experimental continuity. Describe the conditions that necessitate the use of experimental continuity:

___ Warranty: Purchasing item(s) from another manufacturer/provider would void existing warranty. Provide a brief explanation for the use of this reason and the impact that would occur if the item was purchased from another manufacturer/provider:

___ Direct Replacement: These are “direct replacement” parts/components for existing equipment and no substitutes exist.

X Other reasoning to support a sole-source buy:

[Redacted] requires one (1) DIADEM IR-10 Laser. [Redacted] The [Redacted] requires this DIADEM IR-10 Laser in order to [Redacted]. The DIADEM IR-10 Laser is used to [Redacted].

The Government specifically requires the DIADEM IR-10 Laser in order to [Redacted]. In order to achieve this capability, the DIADEM IR-10 Laser must operate at 1030 nm (nanometers) and 10μJ (microjoules). At 1MHz (megahertz), 400ps (picosecond) and Single shot to 1 MHz (megahertz) [Redacted]. Spark Laser is the only manufacturer that can provide a commercially available laser that can meet these requirements.

Any other type of lasers that exceeds the energy specification would cause [Redacted].

[Redacted] Failure to procure the item as described will have a negative impact on the U.S.

Army programs. Without this device, the [Redacted] will be unable to [Redacted], thus failing to support the [Redacted] and causing mission failure. The overall cost for the programs exceeds [Redacted] per year. The [Redacted]. Hence, the DIADEM IR-10 Laser is the only laser found in the market research that meets the Government’s requirements, and it is in the best interest of the government to solicit this requirement as a sole source. If this procurement isn’t made, the [Redacted] program will not able to complete its technical objectives. The Government will suffer significant setup in developing the next generation of [Redacted].

Foreign adversaries would surpass the US Army’s offensive capabilities.

The Technical Point of Contact (TPOC), [Redacted], performed market research between 01 March 2021 through 01 April 2021 by Querying Government-wide databases of contracts and other procurement instruments, searching on the General Supply Schedule (GSA) website, contacting knowledgeable people or subject matter experts within Government and industry, and through internet searches. It was determined that the Spark-Laser manufactured DIADEM IR-10 Laser is the only commercially available femtosecond Laser with 1030 nm (nanometer), 10μJ (microjoule), 400ps (picosecond), Single shot to 1 MHz (megahertz) Linear that [Redacted]. This requirement is available from two (2) small business authorized resellers.

6. FAIR AND REASONABLE PRICE DETERMINATION:

It has been determined that the anticipated cost to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief.

X Contracting Officer (KO)