Tergeo_Redacted J and A.pdf

U.S. Department of Navy Naval Research Laboratory - Small Purchase Branch

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD – (exceeding $10,000 - $250,000)

Purchase Request No.

Estimated Cost (including options, if any)

FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

As required by FAR 13.106-3(b)(3)(i), this justification explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

DESCRIPTION OF ITEM OR SERVICE: (Provide a description of the item or service required, to include its intended use, the name of the required source or brand name, and the required delivery date/period of performance.)

NRL code 6392 requires a plasma cleaner to be used in multiple research programs. This equipment is crucial to cleaning various micro/nanostructured material surfaces in processing steps/chemical functionalization for biomolecular detection and interfacing with living cells. Ultimately, these surfaces are delicate and must be routinely and reproducibly cleaned to a pristine (e.g. atomic) level for single molecule detection. The referenced quote is for a complete Tergeo Plasma Cleaner + accessories needed to create a fully functional system meeting the requirements of our research programs.

In order to prevent a work stoppage, we require this purchase on or before 6/1/2023.

THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required. (Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.)

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM. (Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM).

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. _X__ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

(Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.)

We conducted a market survey of similar bench top plasma cleaner products from Yamato, Samco, and Harrick Plasma. We found that only the Tergeo Plasma Cleaner system outlined in quote TG23030901 meets the stringent requirements of the unique needs of Code 6392’s ongoing and future research programs. Specifically:

1. On-board plasma intensity sensor with quantitative readouts crucial for reproducibility of our research platforms and ability to transition technologies.

2. High frequency (greater than 10MHz) RF (radio frequency) power, as plasma in the less than ~1MHz RF range is known to cause ion-sputtering damage and metal contamination for sensitive surfaces.

3. An integrated remote plasma source that eliminates energetic ion sputtering that occurs in immersion of a direct plasma source, reduces sample damage due to excessive heating, charging and ion bombardment ideal for delicate sample surfaces.

4. External RF electrode design applies a uniform plasma across the chamber, ensuring batch/sample consistency.

5. High purity quartz chamber/sample holder – many alternative brands utilize aluminum or some metal for the chamber/sample holder, which inhibits uniform plasma across the chamber and introduces possible sources of contamination.

6. The ability to apply either continuous or pulsed plasma at 1 watt intervals, ranging from 40-150 watts, crucial for reliably applying weak plasma for our delicate nanostructured surfaces.

7. Water vapor plasma capability to generate high-density O.H.* hydroxyl functional groups on our surfaces.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: (Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.).

4. If appropriate, include any additional pertinent information.

ACQUISITION INITIATOR - Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

SIGNATURE(Requestor) (Print name/title) CODE PHONE DATE

CONTRACTING OFFICER (Procurement Office use Only)

On the basis of the justification, I hereby approve the use of an other than full and open competition proposed contractual action in accordance with FAR 13.106-1(b)(1) Soliciting Competition from a Single Source.

SIGNATURE (Print name/title) CODE PHONE DATE