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BRAND NAME

DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

1. DESCRIPTION OF PROPOSED PROCUREMENT: The Army Research Lab requires the procurement of one (1) Horiba iHR550 Imaging Spectrometer (550 mm) with a back-illuminated charged-coupled device (BI-CCD) and accompanying accessories and software.

2. PROPOSED CONTRACTOR/MANUFACTURER:

Manufacturer:

HORIBA Instruments Inc.

20 Knightsbridge Rd

Piscataway, NJ 08854

DUNS: 081354254

CAGE Code: 66421 Large Business

Reseller:

MCS Universal

322 Boerne Stage Airfield

Boerne, TX, 78006

DUNS: 968937073

CAGE: 6H6J3

Small Business

3. ESTIMATED TOTAL VALUE: [REDACTED]

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION: Title Ill of the Federal Property and Administrative Services Act of 1949 (41U.S.C. 251, et. Seq) and Title 40 U.S.C 501, Services for Executive Agencies, as implemented by FAR 8.405-6 and substantiated by the following:

FAR 8.405-6(b)(1). Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government's requirements, and market research indicates other companies' similar products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs.

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:

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

The [REDACTED] of the Army Research Laboratory (ARL) requires the procurement one (1) Horiba iHR550 Imaging Spectrometer (550 mm) with back-illuminated UV-charged-coupled device (BI-CCD) and supporting equipment. The [REDACTED]has been conducting research on wide band gap semiconductors for development of optoelectronic devices for use in Army systems and requires the Spectrometer with BI-CCD for efficient, high-throughput spectroscopy of new ultra-wide band gap materials (200-250 nm) relevant to identified Army needs in assured communication and efficient, on-demand power distribution.

The required Spectrometer must be capable of having a minimum focal length of 500 mm with aperture f/6.5 or faster at a 200nm input, have Aluminum toroidal mirrors, one (1) entrance port with a software controlled slit, have two (2) exit ports (one (1) with a software controlled slit and one (1) with mounting for the CCD Camera), one (1) triple grating turret with 600, 1200 and 2400 grooves/mm gratings optimized for the UV and a software controlled shutter on the entrance port. The BI-CCD camera must have a minimum of 25 mm x 6 mm area with a minimum 1024 x 256 pixel density, a quantum efficiency greater than 35-55 % across the UV spectrum from 200-400 nm and be thermoelectrically cooled to – 75 degrees Celsius with dark current 20 e-/pixel/hour or less. Software will be provided to control the spectrometer and camera over a USB connection, capable of running on a MS Windows 10 platform. Software will be capable of exporting acquired spectral data in a non-proprietary format that can be imported by other software.

During Market research conducted in November 2021 by [REDACTED], a research scientist with 18 years’ experience, it was determined that the Horiba iHR550 Imaging Spectrometer (550 mm) with a UV-charged-coupled device (UV-CCD) is the only system available that can meet the Governments minimum requirements due to proprietary rights. Horiba Instruments Incorporated has proprietary rights under U.S Patent Number 5,767,965 entitled “Apparatus and Method for Driving Diffraction Gratings” which will allow for the Spectrometer to have a grating turret design to allow for the required on axis grating rotation. This on axis grating rotation is required to provide significant boost to the optical throughout in the ultraviolet while maintaining the spectral resolution of at least a 500mm class spectrometer. Other companies were found that can make a similar camera such as the PIX-2KBUV manufactured by Teledyne Digital Imaging US and the Newton DU920P manufactured by Oxford Instruments but their spectrometers cannot operate at in the UV Spectrum required with better or equivalent specifications due to lack of the patented grating turret design. Additionally, a source sought notice was posted on beta.SAM.gov from 21 January 2022 until 28 January 2022 to see if any other manufacturer could meet the requirements. No responses were received.

Based on the aforementioned, Horiba Instruments Incorporated is the only source that will satisfy the Government’s minimum requirements, however, the Government was able to identify one (1) authorized resellers of the product beyond the manufacturer, MCS Universal. As such, it is in the best interest of the Government to solicit the requirement while pursuing a brand name sole source procurement strategy for the required Spectrometer. This will ensure that the Government’s minimum requirements are met and current experimental procedures can continue so that mission research is not critically delayed.

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.

Other reasoning to support a sole-source buy:

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.

Template last updated 4/23/2018