Redacted_Simplified Acquisition Sole Source Justification (FAR 13.5).pdf

Control No: [REDACTED] Contractor: Carl Zeiss Microscopy, LLC

Supply/Service: Zeiss Zernike Phase Contrast 810U field upgrade and one (1) Zeiss Xradia 520-to-620 Versa Field Conversion

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: The U.S. Army Combat Capabilities Development Command Army Research Laboratory (DEVCOM ARL) requires one (1) Zeiss Zernike Phase Contrast 810U field upgrade with installation and one (1) Zeiss Xradia 520-to-620 Versa Field Conversion with installation

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: [REDACTED]

Prepared by: [REDACTED]

Contracting Officer: Richard Baisden DSN: 290-672-9577 Contracting Officer Date: 4/26/24 Email: richard.c.baisden2.civ@army.mil

Technical: [REDACTED]

Requirements: [REDACTED]

Controlled by: US Army

Controlled by: ACC-APG CUI Category: General Procurement & Acquisition

Distribution/Dissemination Control: FEDCON

POC: [REDACTED]

mailto:richard.c.baisden2.civ@army.mil

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

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

[REDACTED]

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground

(ACC-APG), Adelphi Contracting Division, CCAP-MDI, 2800 Powder Mill Road, Adelphi, MD 20783

2. Description of Action: DEVCOM ARL requests a firm-fixed-price (FFP) contract with Carl Zeiss Microscopy, LLC located at 1 North Broadway Suite 1501, White Plains, New York 10601-2335 (CAGE Code: 325W6; Large Business). The Government projects award for June 2024 and fiscal year (FY) 2023-2024, Army, Research and 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 Government requires an upgrade to one (1) Zeiss Zernike Phase Contrast X810U system to add additional capabilities, a conversion of one (1) Zeiss Xradia 520 to a Zeiss Xradia 620 Versa system, and installation of both at the Army Research Laboratory (ARL), Aberdeen Proving Ground (APG), MD. The Zernike phase contrast tomography is an upgrade of the existing Zeiss Xradia 810 Ultra nano computed tomography (nanoCT). This instrument is used for scanning materials of interest to the Army such as armor ceramics and aluminum powders. The upgrade will enable the ability to scan lower density, polymeric materials such as carbon fiber or ultra-high molecular weight polyethylene.

This Zeiss Xradia 810 Ultra nano computed tomography field upgrade will include the following:

• Zernike phase contrast

• Software updates to allow new tomography options

• Zernike phase contrast optics with automatic mode switching

• Onsite installation of all components

This Zeiss Xradia 520 to 620 Versa Conversion will include the following:

• New high power (25 watts) x-ray source

• New digital high voltage power supply

• Improved optics

• High performance accusation controller and reconstruction system

• Latest Scout-and-Scan control softwareone

• Zeiss SmartShield

• One (1) day basic training with the latest system enhancements

• One (1) year limited warranty on upgraded parts

• Onsite installation of all components

The requirements stated above will enable extended measuring capabilities involving high-power x-rays and the latest reconstruction software for a range in programs in

DEVCOM ARL.

Below outlines the descriptions and quantities for delivery to the Army Research Lab 6300 Rodman Road Suite B4600, Aberdeen Proving Ground, MD 21005:

Product Number Description Quantity Unit Price Price 345360-0000-085 Zernike Phase

Contrast, X810U One (1) [REDACTED] [REDACTED]

345362-0000-050 Installation Field Upgrade - M

One (1) [REDACTED] [REDACTED]

Freight Freight for 345360- 0000-085

[REDACTED] [REDACTED]

345360-1004-786 520-to-620 Versa Field Conversion

One (1) [REDACTED] [REDACTED]

345362-0000-019 Installation 520-to-620 Versa Conversion

One (1) [REDACTED] [REDACTED]

Freight Freight for 345360- 1004-786

[REDACTED] [REDACTED]

Total: [REDACTED]

Required Delivery Date: 30 July 2024 Total Value: [REDACTED]

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:

As described in Section 3, the required Zernike Phase Contrast x810U Upgrade and the Zeiss Xradia 520 to 620 Versa Conversion require upgrades to provide enhanced capabilities. As outlined in the following paragraphs, Carl Zeiss Microscopy LLC is the only vendor capable of meeting the Government’s minimum technical requirements.

The currently owned Zeiss Xradia 810 Ultra x-ray computed tomography (CT) system lacks the ability to measure low density materials. The Zernike phase contrast is an optional technique for scanning low density-high transmission materials such as polymers, composites, and single fibers. The required upgrade would provide a new method for measuring materials of high interest to DEVCOM ARL to support ongoing research efforts. ARL requires the installation of new specialized x-ray optics, allowing phase contrast imaging necessary for this technique providing higher quality imaging of the low density materials increasing capabilities of the system.

The currently owned Zeiss Xradia 520 Versa x-ray CT system is outdated compared to currently available x-ray CT systems. This upgrade would provide the latest acquisition and reconstruction software, which are not available on the current system. It will also provide a new high power x-ray source with more than double the power capacity. This will allow throughput to be increased and allow higher quality images to be captured.

New optics will also be installed providing higher spacial resolution and would increase the high resolution capabilities of the system.

Since the Government currently already owns the Zeiss Xradia 810 Ultra x-ray CT system and the Zeiss Xradia 520 Versa x-ray CT system, the Government could either fulfill its requirement by purchasing two (2) brand new systems or by upgrading the systems it already owns.

While there are other systems available in the market with similar capabilities, the cost of replacement would far exceed the anticipated cost of this requirement. Specifically, the purchase of either a similarly capable or new replacement for the Zeiss Xradia 810 Ultra x-ray CT system with all required capabilities would cost the Government an estimated [REDACTED] and the purchase of a new replacement for the Zeiss Xradia 520/620 x-ray CT system with all required capabilities would exceed [REDACTED], resulting in an estimated, substantial [REDACTED] duplication of costs for the Government.

Therefore, the Government can realize substantial cost savings by upgrading and converting its currently owned systems for this requirement, and the duplicative costs associated with procuring new systems are not expected to be recouped through a competitive acquisition.

Carl Zeiss Microscopy, LLC is the original equipment manufacturer (OEM) of these systems. As such, it is the only vendor capable of not only upgrading and converting the Zeiss systems owned by the Government but also installing each of these systems at the Government’s facility. Only the Contractor’s field service technicians have the necessary skills and knowledge of OEM equipment and processes to replace system components as well as perform the calibration of the tool as would be required in the field. No other service is available for such field work. As such only Zeiss can provide field upgrades to the CT system.

The upgrade of these two (2) systems will enable enhanced capabilities and be used in a range of DEVCOM ARL programs, including the [REDACTED]. While the current instruments are heavily used, their inability to analyze high transmission materials limits the variety of samples that can be characterized, severely restricting productivity.

Negative impacts without the procurement of Zernike phase contrast upgrade include a significant reduction of capability to characterize materials critical to the Army priority research areas.

Carl Zeiss Microscopy, LLC has no authorized third-party resellers. Due to this, the substantial cost savings associated with upgrading systems currently owned by the Government, and the fact that only the OEM can perform the replacement of parts/installation, it is the sole vendor capable of fulfilling this requirement.

6. Efforts to Obtain Competition:

Because this is a sole source action, effective competition is not applicable. The upgrade to the existing system may only be performed by a single vendor, Carl Zeiss Microscopy, LLC. However, the Contracting Officer published a formal synopsis on 7 May 2024 with a closing date of 14 May 2024. No offers from interested vendors were received in response to this posting.

7. Actions to Increase Competition:

The Government will continue to perform market research to locate any other sources with the capability to provide either similar systems or system upgrades for x-ray CT systems. The Government will also continue to assess the commercial marketplace to determine if any Carl Zeiss Microscopy, LLC authorized third-party resellers become available in the future.

8. Market Research:

Market research was conducted in March 2024 by the Technical Point of Contact (TPOC) at ARL, who possesses over 12 years of experience as a Materials Engineer.

Market Research efforts included contacting knowledgeable subject matter experts within Government and industry, including a Materials Research Engineer with the Air Force Research Laboratory; reviewing other market research efforts conducted for similar requirements, specifically those completed for contract number [REDACTED];

and conducting internet searches of the following websites:

• https://www.zeiss.com/microscopy/en/products/x-ray-microscopy/xradia-ultra.html

• https://imaging.rigaku.com/products

• https://assets.thermofisher.com/TFS-Assets/MSD/Datasheets/heliscan-microct-datasheet-oil-gas.pdf

• https://avoniximaging.com/wp-content/uploads/2021/10/xt-v-series-en.pdf

• https://www.sigray.net/

While the TPOC identified other similar x-ray CT systems during market research, such as those manufactured by Sigray, Thermofisher, Nikon, and Rigaku, the results confirmed that only Carl Zeiss Microscopy, LLC is able to upgrade current systems, and this approach has been determined to be the most advantageous, cost-efficient strategy for this requirement.

9. Interested Sources:

To date Carl Zeiss Microscopy, LLC. has been the only source to express an interest in this requirement. However, as required by FAR 5.201, a synopsis was posted to the government wide point of entry, SAM.gov. However, the Government did not receive any responses from interested vendors.

10. Other Facts:

a. Procurement History

On 6 January 2021, contract number W911QX21P0015 was awarded to Carl Zeiss Microscopy, LLC in the amount of $2,222,263.00 for one (1) Xradia 810 Ultra Nanoscale 3D x-ray system.

1. Contract: W911QX21P0015

2. Competitive Status: Awarded under “Other than Full and Open Competition”

3. 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.

4. Prior Justification: The Xradia 810 Ultra Nanoscale 3D x-ray system was the only product that met all Government requirements.

5. Prior Full and Open Status: Awarded under “Other than Full and Open Competition”

6. Unusual Patterns: Not Applicable, no unusual patterns

7. Justification Changes: Not Applicable, no changes in authority

On 24 August 2015, contract number W911QX15P0327 was awarded to Carl Zeiss Microscopy, LLC in the amount of $1,078,985.52 for one (1) Zeiss Xradia 520 system.

1. Contract: W911QX15P0327

2. Competitive Status: Awarded under “Other than Full and Open Competition”

3. 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.

4. Prior Justification: The Zeiss Xradia 520 system x-ray system was the only product that met all Government requirements.

5. Prior Full and Open Status: Awarded under “Other than Full and Open Competition”

6. Unusual Patterns: Not Applicable, no unusual patterns

7. Justification Changes: Not Applicable, no changes in authority

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: [REDACTED]

X Technical Certifier (Tech)

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: [REDACTED]

Requirements Certifier

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. The basis for this determination will be made using the Independent Government Estimate (IGE) and Price Analysis techniques.

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.

Contracting Officer (KO)

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

Contracting Officer (KO)

Approval

Based on the foregoing justification, I hereby approve the procurement of one (1) Zeiss Zernike Phase Contrast 810U field upgrade with installation and one (1) Zeiss Xradia 520-to-620 Versa Field Conversion with installation, for an estimate of [REDACTED] and estimated delivery and installation date of 30 June 2024, 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.

Lane M. Gary Command Advocate for Competition

(End of Justification)