A03-RedactedJustification-15-P-0064.pdf

Control No._______14-65______

Justification Review Document For Other than Full and Open Competition

Program/Equipment: Surface Forces Apparatus

Authority: 41 U.S.C. 1901 (e)(1) as implemented by FAR 13.501(a)

Amount: [redacted]

Prepared By:

Typed Name: [redacted] DSN: [redacted]

Title: Research Chemist Date: 22 September 2014

Procuring Contracting Officer:

Typed Name: Daniel Balizan DSN: 258-4349

Date Reviewed: 22 September 2014

Technical Representative:

Title: Research Chemist Date Reviewed: 22 September 2014

Requirements Representative:

Title: Branch Chief Date Reviewed: 22 September 2014

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

[redacted] [redacted] [redacted]

Justification and Approval

For Other Than Full and Open Competition

1.a. Contracting Agency:

U.S. Army Contracting Command – Aberdeen Proving Ground, Adelphi Contracting Division, (ACC-APG-CCAP- SCA), 2800 Powder Mill Road, Adelphi, Maryland 20783.

1.b. Requiring Agency – U.S. Army Research Laboratory (ARL) [redacted] Aberdeen Proving Ground, MD 21005-

2. Description of Action - Approval is requested to solicit for a new firm fixed-price (FFP) contract to purchase a surface forces apparatus [redacted]U.S. Army Research Laboratory (ARL). The sole source vendor is SurForce, LLC, 270 Storke Road, Suite 4, Goleta, CA 93117-2971, CAGE#72YS2. This will be a one-time purchase using Fiscal Year (FY) [redacted] funding. .

3. Description of Supplies/Services - This subject procurement is for equipment to perform a variety of surface forces measurements. This equipment has a required delivery date of June 1, 2015 and has a lead time of 240 days.

The proposed acquisition consists of the following:

• SFA 2000 Basic System,

• 1D-Friction Device,

• 3D Acutator-Sensor,

• EC-SFA Modification to Piezoelectric Upper Disk Mount,

• Short Working Distance Top Mount,

• 2D Extended Bimorph Slider,

• Bimorph Vibrator,

• Variable Normal Force Translation Stage,

• High Speed Rotating Disk Bottom Mount,

• Mica Cutting Stage & Miniature Hot Plate,

• SFA Peripherals required for complete system,

• Discount,

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 (e)(1) as implemented by FAR 13.501(a)(1) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”

5. Reason for Authority Cited: [redacted]at the US Army Research Laboratory (ARL) require an instrument to measure: (i) forces between two (2) surfaces, (ii) separation distance between the two (2) surfaces, (iii) the exact contact area between the two (2) surfaces, (iv) the refractive index of the material in the gap between the surfaces,

(v) friction forces between the surfaces, (vi) vibrations induced in one (1) surface from vibrations of the opposite surface. This instrument is necessary for the development and testing of [redacted]. SurForce LLC, manufactures an instrument called the SFA2000 that fulfills all of these requirements. Furthermore, various aspects of the SFA2000 are protected under currently maintained patents (U.S. Patent Numbers: 5,861,954, 6,194,813, and 6,578,410 all by J. Israelachvili). SurForce LLC has not licensed these patents to any other vendor ,and is the only company that has both the expertise and experience to supply the required equipment. In-house development of such techniques is not feasible within ARL in a timely or cost-effective manner. Furthermore, given the patent protection position of SurForce LLC, attempts to duplicate their design would constitute patent rights infringement.

Alternative instruments like atomic force microscopes or nanoindenters are unsuitable for this application because they cannot be used to measure the absolute contact area between the two (2) surfaces or the refractive index between the two (2) surfaces. Delaying the delivery of the required surface forces apparatus has the potential to [redacted]

6. Efforts to Obtain Competition: Based on market research performed by the Technical Point of Contact (TPOC) (see section 8) no other vendors other than SurForce, LLC. were found to be able to fulfill the government’s requirement. Additionally, there are no authorized distributors or resellers of the items required other than SurForce, LLC. which was confirmed through internet searches. In addition a synopsis will be posted to FedBizOpps to ensure competition requirements have been fulfilled. Upon the closing of the synopsis, all proposals received will be evaluated by the technical point of contact (TPOC). At this time, effective competition is not anticipated for this procurement.

7. Actions to Increase Competition: Competition for this action is determined to not be feasible as detailed in paragraph 5 above. The Government will continue to survey the marketplace to identify other sources that can provide an instrument that can measure all of the required variables (particularly contact area and refractive index between surfaces) but until that is known the Government will continue to use the existing known source SurForce LLC. Any known sources that can provide equipment that can function with the current technology will be sought for competitive interest.

8. Market Research: Extensive market research was conducted from 31 December 2013 to 10 March [redacted] a chemist with twelve (12) years of experience in the field of melt extrusion processing. Internet-based searches were performed on surface forces apparatus, measuring contact area and refractive index did not yield any other companies except SurForce LLCbeing the only source capable of meeting the instrumentation requirements..

9. Interested Sources:

In accordance with and as required by FAR 5.201 a pre-solicitation synopsis was posted to the Federal Business Opportunities (FBO) website on 06 August 2014 with a closing date of 12 August 2014. To date no responses were received and no other sources other than Surforce LLC have written to express interest.

10. Other Facts:

a. Procurement history.

N/A – no prior contract history.

b. Acquisition Data Availability. This is a commercial product. Acquisition of adequate information to develop an alternate source is not cost effective. As detailed above, SurForce LLC’s data, drawings, specifications, etc. are proprietary, copyrighted and available only from SurForce LLC. Therefore, the equipment required by the Government is not available from another source. Full and open competition does not apply in this situation as no purchase description can be developed since the data required is proprietary.

c. Unusual and Compelling Urgency. Not Applicable

d. Subcontracting Competition. This procurement effort intends to procure the equipment directly from the proprietary owner; therefore it is anticipated that there will be no subcontracting competition available. If it should be later determined, however, that the contractor intends to subcontract any portion of this acquisition, the clause found at FAR 52.244-2 – Subcontracts will be included and will require that the contractor receive written consent from the Contracting Officer before placing any possible subcontracting opportunities.

e. Follow-on Contracts - Not Applicable

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]

[redacted] [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: [redacted]

[redacted] [redacted] [redacted] [redacted]

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The price will be determined fair and reasonable in accordance with FAR Part 13.106(a)(2)(vi) “Comparison to an independent Government estimate.”

14. Procuring 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) Surfaces Forces Apparatus and components on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 (e)(1) as implemented by FAR 13.501(a)(1)(ii); test program subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 (e)(1) as implemented by FAR 13.501(a)(1) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”