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

Control No:

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

Programs/Equipment: Two (2) Tribometers

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:

Prepared by:

Mechanical Engineer Date: 05/29/2024 Email:

Phone

Contracting Officer: Christopher Moy Contracting Officer Date: 05/30/2024 Email: christopher.r.moy.civ@army.mil

Phone: 520-673-0241

Technical:

Mechanical Engineer Date: 05/30/2024

Phone:

Requirements:

Materials Engineer Branch Chief Date: 05/30/2024

Phone:

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: U.S. Army Contracting Command – Aberdeen Proving Ground, Adelphi Contracting Division, (ACC-APG), Adelphi Contracting Division, (CCAP-MDI), 2800 Powder Mill RD, Adelphi, MD 20783.

2. Description of Action: The U.S. Army Combat Capabilities Development Command (DEVCOM) Army Research Laboratory (ARL) [redacted] requests a firm fixed price (FFP) type contract with RTEC-Instruments Inc., 1810 Oakland Rd Ste B, San Jose, CA 95131-3216 (CAGE 6RYD8). The Government projects award for July 2024 and fiscal year 2021, 2022, and 2025 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:

The DEVCOM ARL [redacted] requires two (2) tribometers in support of [redacted].

Anticipated Contract Line Item Number (CLIN) Structure (subject to change by the Government):

CLIN 0001: Quantity Two (2) – Tribometer – Each

Delivery Date: Within 16 weeks after contract award (ACA) Delivery Location: APG, MD Total Value:

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:

The DEVCOM ARL [redacted] requires two (2) tribometers to meet the following five (5) critical requirements in combination:

1) Requirement 1: Each tribometer must be modular in design and all modules must be interchangeable and compatible between, and with, the two (2) tribometers.

The purpose of this requirement is to provide the flexibility in experimental set-up necessary to meet [redacted] requirements for ARL. ARL must be able to perform a wide range of experiments, requiring multiple configurations of specimens. Additionally, ARL has a constraint on available laboratory space (See Requirement 2 below). If ARL acquires tribometers with a non-modular design, ARL will not be able to meet laboratory space requirements and not be able to seamlessly transition between tribology experiments requiring different type of material contact geometries within one (1) system. A non-modular design would prevent ARL from being able to quickly change to a new experimental set-up and to vary test parameters to replicate different operation conditions, negatively impacting or delaying research by a minimum of [redacted].

2) Requirement 2: Each tribometer, fully assembled with modules, shall be able to fit within a space (Length (L) x Width (W) x Height (H)) of 30 inches (in) L x 36in W x 72in H. The Government requires the above dimensions because there is limited laboratory space to house the tribometers at ARL.

3) Requirement 3: The Government requires a 2000 Newtons (N) load module. One

(1) of ARL’s [redacted] objectives within the [redacted] is to [redacted]. The Government requires the 2000N load module to simulate the 2000N in applied force [redacted]. Without the 2000N load module or with a load module with lower capability, ARL will be incapable of performing critical experiments within the required load range of 2000N.

4) Requirement 4: Piezo-electric force transducer modules for the tribometers must be capable of measuring the friction force (perpendicular to the normal force) with a frequency response of at least 2000Hz in reciprocating tribology experiments.

The Government requires a piezo-electric force transducer module instead of alternative technologies such as strain gauges that are limited to a frequency response of approximately 60Hz. One (1) specific [redacted] requirement of ARL is to perform the American Society for Testing and Materials (ASTM) D6079 test (Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High- Frequency Reciprocating Rig (HFRR)). This test requires approximately 1 kilohertz (kHz) frequency response in order to resolve the force measurement across a single cycle. Therefore, without the above piezo-electric transducer or with alternative technologies, ARL will not be able to perform high-frequency reciprocating experiments measuring the friction force (perpendicular to the normal force) with a frequency response of at least 2000Hz, such as the ASTM D6079 test.

5) Requirement 5: Each tribometer shall have a module for confocal optical surface topography measurement, also known as a confocal surface profiler. The Government requires confocal surface profilers to enable ARL to perform in-situ surface topography measurements, which allows researchers to measure specimen wear without having to remove the specimen from the test instrument.

This is one of the only methods to measure the rate of change in the wear rate of materials and in-situ measurements are generally recognized in the field of tribology as being more representative of the real system than ex-situ measurements. Alternative methods such as a stand-alone confocal surface profiler system would prevent ARL from performing in-situ surface topography measurements because measurement would be performed outside (ex-situ) of the tribometer. This alternative method complicates experimentation by adding time [redacted] per experiment to account for the complex procedures related to removing and replacing the specimens between the two (2) systems. Without the confocal surface profiler modules or with alternative methods, ARL will not be able to perform the required in-situ surface topography measurements.

Based upon the market research performed in Section 8 below, and the Intent to Sole Source Synopsis Request for Information (RFI) findings outlined below, no source other than RTEC-Instruments Inc. can provide two (2) tribometers that meet the five (5) critical requirements in combination outlined above. Therefore, RTEC-Instruments is the only responsible source found, and no other supplies or services will satisfy agency requirements.

6. Efforts to Obtain Competition:

In accordance with FAR 5.201 and DFARS 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance, and Information (PGI) 206.302-1(d), an Intent to Sole Source Synopsis-RFI was posted on SAM.gov on 25 April 2024 and closed on 10 May 2024. To date, no source other than RTEC-Instruments Inc has written to express interest in this requirement via the Notice of Intent to Sole Source-RFI posting.

Additionally, no other source has challenged the Government’s intent to sole source this requirement to RTEC-Instruments Inc.

a) Effective competition. Effective competition is not anticipated for this procurement based upon the Government’s market research and Intent to Sole Source Synopsis-RFI findings which failed to identify any alternative manufacturer to RTEC-Instruments Inc. that can satisfy ARL minimum requirements outlined in Section 5 above. Overall, market research identified six (6) potential sources for the required tribometers: RTEC-Instruments Inc.; Bruker Scientific LLC; Nanovea, Inc., Anton Parr, PSC Instruments, and GFS Supply & Services.

b) Subcontracting competition. A Subcontracting Plan is not required as this is a commercial purchase under $750,000.00.

7. Actions to Increase Competition:

DEVCOM ARL [redacted] will continue to monitor the tribometer market for other potential sources to increase future competition for this requirement and any associated parts and repairs. DEVCOM ARL [redacted] will continue to pursue web searches, consultations with knowledgeable Government, university, and industry personnel, and attend trade shows or web-based communications to help locate alternative manufacturers that can provide the required tribometers. The Government could not compete this requirement to other sources as only RTEC-Instruments Inc. could meet ARL’s requirement for tribometers that met the five (5) critical requirements outlined in Section 5 above. The Government will also continue to evaluate opportunities to promote competition by considering the feasibility of pulling out portions of future sole source requirements for competition. Additionally, the Government cannot obtain technical data package (TDP) rights as the required items are highly specialized commercial items and the associated TDP rights are proprietary to RTEC-Instruments Inc.

8. Market Research:

Market research was conducted from December 2023 to April 2024 by a mechanical engineer at ARL for the required tribometer technology via the following methods:

consultations with subject matter experts (SMEs) within the Government; survey of the General Services Administration (GSA); review of market research completed under previous Government contracts. Market research also included web searches for “universal” and/or “modular” tribometers to determine whether new technical capabilities have been developed/offered by known tribometer manufacturers or whether new/unknown tribometer manufacturers with tribometers meeting ARL’s requirements have come onto the market.

Furthermore, the Government posted a Sources Sought notice to SAM.gov with detailed specifications for the required tribometers from 9 April 2024 to 16 April 2024. No responses were received.

Overall, market research identified the following potential sources for ARL’s tribometer requirement: RTEC-Instruments Inc.; Bruker Scientific LLC; Nanovea, Inc.; Anton Parr;

PSC Instruments; and GFS Supply & Services. Upon evaluation of each identified potential source, the Government determined that tribometers from all sources other than RTEC-Instruments Inc. cannot meet each of the five (5) critical requirements in combination outlined in Section 5 above.

Specifically, an evaluation of all six (6) aforementioned potential sources resulted in the following findings:

Requirement 1: RTEC-Instruments Inc., Bruker Scientific LLC, and Nanovea, Inc. can meet the tribometer modular design requirement. Anton Parr, PCS Instruments and GFS Supply & Services can only provide tribometers with a single configuration. As Anton Parr, PSC Instruments, and GFS Supply & Services cannot meet this critical requirement, the Government did not proceed to evaluate these sources on Requirements 2 through 5.

Requirement 2: RTEC-Instruments Inc., Bruker Scientific LLC, and Nanovea, Inc. can meet the tribometer size and laboratory space requirement of 30in L x 36in W x 72 in H.

However, Nanovea, Inc can only meet this requirement via their T100 model, which does not meet Requirement 3 below. Nanovea, Inc. can only meet Requirement 2 or Requirement 3 rather than both together.

Requirement 3: RTEC-Instruments Inc., Bruker Scientific LLC, and Nanovea, Inc. can meet the 2000N load module requirement. However, Nanovea, Inc. can only meet this requirement via their T2000 model with dimensions of 39.7in x 39.7in x 74in, which does not meet Requirement 2 above. Nanovea, Inc. can only meet Requirement 2 or Requirement 3 rather than both together.

Requirement 4: Only RTEC-Instruments Inc. and Bruker Scientific LLC can meet the piezo-electric force transducer modules capable of measuring the friction force (perpendicular to the normal force) with a frequency response of at least 2000Hz requirement. Nanovea, Inc.’s tribometers use strain gauges that are limited to a frequency response of approximately 60Hz, which does not meet the requirement.

Requirement 5: Only RTEC-Instruments Inc. and Nanovea, Inc. can meet the confocal surface profiler modules requirement. Bruker Scientific LLC initially indicated they could meet this requirement, but, upon further consultations with the Government, Bruker Scientific LLC confirmed that they could not meet this requirement and asked to be removed from consideration. Bruker Scientific LLC could only provide a stand-alone confocal surface profiler system, which does not meet the requirement.

Due to the aforementioned, RTEC-Instruments is the only responsible source found, and no other supplies or services will satisfy ARL’s requirement for two (2) tribometers that meet all five (5) critical requirements in combination.

9. Interested Sources: See Section 6 above for the synopsis information. To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

(1) Contract & Award Date: W911QX21C0050 awarded 24 September 2021

(2) Competitive status of this action: Competitive – Total Small Business Set-Aside

(3) W911QX21C0050 was solicited as a total small business under solicitation number W911QX21R0045. Ducom Instruments (USA) Inc. (CAGE 7GDG4) and RTEC- Instruments Inc. (CAGE 6RYD8) were identified as sources capable of meeting the requirement for two (2) tribometers systems. Bids were received from the following small business sources: RTEC-Instruments Inc., Nanovea Inc. (CAGE 5LHN5), Ducom Instruments (USA) Inc., and GFS Supply & Services (CAGE 7NNQ5). Ducom Instruments (USA) Inc. won the award after Nanovea, Inc. and GFS Supply & Services were found technically unacceptable, and Ducom Instruments (USA) Inc. was determined to be the best value to the Government. However, as noted under Section 10b. below, the Government ultimately terminated contract W911QX21C0050 with Ducom Instruments (USA) Inc.

Based upon the extensive market research outlined in Section 8 above as well as Ducom Instruments (USA) Inc.’s recent termination for cause outlined in Section 10b.

below, the Government found that RTEC-Instruments is the only responsible source capable of meeting ARL’s requirement for two (2) tribometers after Ducom Instruments (USA) Inc.

b. Other Facts:

This current proposed requirement for two (2) tribometers is a direct result of the termination for cause of contract W911QX21C0050 with Ducom Instruments (USA) Inc., which negatively impacted ARL’s ability to fulfill DEVCOM ARL [redacted] objectives.

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: Mechanical Engineer

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: Materials Engineer Branch Chief, Vehicle Power and Propulsion

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):

__ 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 two (2) tribometers, for an estimated value of [redacted] and a delivery within 16 weeks after contract award, on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.