(Redacted) Simplified Acquisition Sole Source Justification (FAR 13.5).docx

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: The Materials Development and Transition Branch of CCDC ARL Purchasing one (1) Surface Optics SOC 100 Reflectometer and one (1) Surface Optics SOC

Authority: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $350,227.94

Prepared by: [REDACTED]

Technical: [REDACTED]

Requirements: [REDACTED]

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

[REDACTED]

Control No: JA-21-Adel-159 Contractor: Surface Optics Corporation Supply/Service: Surface Optics SOC 100 Reflectometer

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command-APG, Adelphi Contracting Division. CCAP-SCA, 2800 Powder Mill Road, Adelphi, MD 20783-1197.

2. Description of Action: The Materials Development and Transition Branch of Combat Capabilities Development Command (CCDC) Army Research Laboratory (ARL) requests a Firm-Fixed-Price contract with Surface Optics Corporation, 11555 Rancho Bernardo Rd., San Diego, CA 92127. The Government projects award for May 2021 and fiscal year 2020/2021, Army Research, Development, Test and Evaluation (RDT&E) funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services:

Period of Performance: Estimated delivery is six (6) to eight (8) weeks after contract award (ACA)

Total Value: $350,227.94

4. Authority Cited: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: ARL-WMRD requires one (1) Surface Optics SOC 100 reflectometer and one (1) Surface Optics SOC 410 reflectometer. Surface Optics Corporation is the only known source that makes a hemispherical directional reflectometer (HDR) as well as a handheld version of the HDR. The Surface Optics HDR offers unique features that are required for military and defense research at ARL and is specific to the need of the US. Army and the development of related technologies. Only the Surface Optics SOC 100 Reflectometer and the Surface Optics SOC 410 has the capability to make HDR measurements as a function of incident angle (8° to 80° from normal) vs. competitors who are restricted to near-normal incidence. The Surface Optics HDR measures IR utilizing the SOC100 gold plated hemi-ellipse vs. competitors who utilize diffuse integrating spheres. This allows the Surface Optics HDR measurements to be made far into the IR (out to 100um) as opposed to 12-15 microns from sources using solely integrating spheres. The Surface Optics HDR measurements can also be partitioned into Diffuse (DDR) and Specular (SDR) components without altering the test set-up. Competitor reflectometers must be set up for measuring each component separately, if they can measure them at all. The Surface Optics HDR transmittance measurements (either Ts or Tc) can be made from normal incidence out to 60° from normal while competitor reflectometers can only make normal incidence T measurements.

There are no other sources capable of making hemispherical directional reflectometers (HDR). Directional reflectometers are produced by another source, Perkin Elmer, however they are not capable of HDR measurements nor are they complete systems. Perkin Elmer’s reflectometer would require the Government to construct an unsupportable HDR system from pieces of non-HDR systems which would ultimately not meet the minimum specifications. Only the original equipment manufacturer (OEM), Surface Optics Corporation, can supply the required HDR.

Surface Optics Corporation is the only source capable of meeting the aforementioned specifications described above. The unique features of theSurface Optics HDR described herein bears real impact to US Army and Department of Defense programs. If this justification is not approved, the Materials Development and Transition Branch will be unable to fulfill its obligations to provide qualification measurements for military coating systems and conduct advanced coating research. Using lesser equipment from sources that do not meet the Government’s minimum requirements will result in inability to gather needed information resulting in the failure of the Army to develop related defense materials here at ARL, which in turn could lead to our near-peer adversaries gaining significant overmatch over the US in terms of camouflage development.

6. Efforts to Obtain Competition: A Synopsis notice required by FAR 5.201 was posted to Beta.SAM.gov under reference W911QX21R0021 for fifteen (15) days from 03/17/2021 to 04/01/2021. The notice announced the Government’s intent to solicit one source, Surface Optics Corp, for this requirement. One source other than Surface Optics responded to the synopsis posting, however they cannot meet the Government’s minimum requirements as detailed in section 9 below. Therefore, effective competition is not anticipated. Subcontracting opportunities are not expected for this effort as Surface Optics Corp is the only authorized distributor of the SOC-100 required by the Government.

7. Actions to Increase Competition: This requirement is for the one-time purchase of one (1) Surface Optics SOC 100 Reflectometer and one (1) Surface Optics SOC-410 Handheld Reflectometer. It is not anticipated that this will be a recurring requirement. However, ARL will continue to pursue internet searches and hold discussions among the optics community to help locate other sources that can provide items that are capable of meeting the requrements as discussed in section 5 above. Any known sources that can provide the necessary components and experimental conditions will be sought after for competitive interest in the future. Until such potential sources are revealed, Surface Optics Corp will provide the required Surface Optics components and accessories. Any known source that can provide the requirement will be sought for competitive interest.

8. Market Research: Market research was completed between 1 January 2020 through 30 September 2020 by [REDACTED], Materials Engineer, CCDC ARL with 15 years of expierence in the field, and by [REDACTED], the team lead of Camouflauge, Coatings and Corrosion Team, and Chemical Agent Resistant Coating Commodities Item Manager, CCDC ARL with 35 years of expierence in the field. These researchers from CCDC ARL reached out to knowledgeable subject matter experts at other agencies and contractors NAVAIR, AFRL, NASA, Acktar to determine what instrumentation they use to achieve the data required. In all cases they use the SOC 100 or sent samples to collaborators that had access to the SOC 100. Several internet searches were performed and the only instrument referenced in articles and reports describing similar data collection utilized the SOC 100. No other comparable instrument exist that meet the Government’s minimum requirements. Therefore this procurement will be pursued as other than full and open competition.

9. Interested Sources: A Notice of Intent to Sole Source was posted on Beta.SAM.gov (Contract Opportunities) from 03/17/2021 to 04/01/2021 under W911QX21R0021 by the Contracting Officer required by FAR 5.201. During that posting period, B&H International LLC submitted a response to the posted Synipsis on Beta.SAM.gov. The Technical Point of Contact (TPOC) stated that this contractor cannot provide an annual support plan or the specific desktop computer and software to be able to run the equipment, therefore the contractor would have no means to be able to provide annual support for their system. Because of this, B&H International LLC cannot meet the Governmnet’s minimum requirements and is considered not technically acceptable. No other sources have challenged the sole source or expressed interest in fulfilling the requirement. Based on the aforementioned, Surface Optics Corp is the only responsible source capable of providing the required HDR that meets the Government’s minimum requirements.

10. Other Facts:

a. Procurement History : No previous procurement history

b. Class Justification: N/A – no class justification prepared.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Materials Engineer

[REDACTED]

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: Chemical Engineer

[REDACTED]

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

__ Cost analysis _X_ Price analysis __ Should-cost

_X_ IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

__ will be required.

_X_ will not be required and the following exception applies (FAR 15.403):

_X_ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

_X_ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

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

Approval Based on the foregoing justification, I hereby approve the procurement of one (1) Surface Optics SOC 100 Reflectometer and one (1) Surface Optics SOC-410 Handheld Reflectometer, for an estimate $350,227.94, and for an estimated delivery of six (6) to eight (8) weeks after contract award on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

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