RedactedSoleSource.pdf

Control No. 15-21

Simplified Acquisition Sole Source Justification Review Document

Program/Equipment: Two (2) Resodyn Acoustic Mixers (RAMs)

Authority: FAR 13.501(a)(1)(ii).

Amount: [redacted]

Prepared By:

Typed Name: [redacted] DSN: [redacted]

Title: Physical Science Technician Date: 12/30/2014

Procuring Contracting Officer:

Typed Name: Catherine Abbott DSN: [redacted]

Title: Contracting Officer Date Reviewed: 3/11/2015

Technical Representative:

Title: Team Leader Date Reviewed: 3/25/2015

Ingredient, Formulation & Processing Team

Requirements Representative:

Title: Chief, Energetic Technology Branch Date Reviewed: 3/25/2015

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

DSN: [redacted]

X

Legal Advisor

Simplified Acquisition Sole Source Justification

Using Simplified Acquisition Procedures

1. a. Contracting Agency:

U.S. Army Contracting Command (ACC) – Aberdeen Proving Ground (APG);

Adelphi Division

CCAP-SCA

2800 Powder Mill Road

Adelphi, MD 20783

1. b. Requiring Agency:

U.S. Army Research Laboratory (ARL)

Weapons & Materials Research Directorate (WMRD), Lethality Division/Energetic Technology Branch

Aberdeen Proving Ground (APG)

Aberdeen Proving Ground, MD 21005

2. Description of Action: Approval is requested to solicit for a new contract in support of ARL on the basis of other than full and open competition. A firm fixed-price (FFP) completion form contract is contemplated to purchase two (2) Acoustic Mixers, in support of the Lethality Division/Energetic

Technology Branch, within WMRD at ARL. The suggested sole source vendor is Resodyn Acoustic

Mixers, Incorporated, 130 N. Main Street, Suite 630, Butte, MT 59701-934, Cage Code 5GK13, a Veteran

Owned Small Business, who owns the patent license of Resodyn acoustic mixers. This will be a one (1) time purchase using Fiscal Year (FY) 2015 Research and Development (R&D) funds.

3. Description of Supplies/Services: This contract action will result in the procurement of two (2) acoustic mixers and has an estimated delivery time of three (3) months after receipt of order (ARO). The proposed acquisition consists of the following:

LabRAM Acoustic Mixer, Part Number 902201, one (1) each, [redacted]

Vacuum package, Part Number 900622, one (1) each, [redacted]

Serial over Ethernet Kit, Part Number 900621, one (1) each, [redacted]

Jacketed Vessel System, Part Number 900612, one (1) each, [redacted]

RAMWARE II Software (included at no charge)

Total Shipping freight on board (FOB) destination charges to APG, MD, one (1) each, [redacted]

LabRAM II H Acoustic Mixer, Part Number 903000, one (1) each, [redacted]

External Remote Control Panel, Part Number 903029, one (1) each, [redacted]

Vacuum System (Hazardous, Class 1, Division 1), Part Number 903014, one (1) each, [redacted]

Vacuum Pump (Hazardous, Class 1, Division 1), Part Number 903304, one (1) each, [redacted]

16 ounce (oz.) Jacketed Vessel Assembly (16 ounce with vessel heating and cooling), Part

Number 900663, one (1) each, [redacted]

Total Shipping freight on board (FOB) destination charges to APG, MD, one (1) each, [redacted]

Grand Total: [redacted]

4. Authority Cited: Identify the statutory authority permitting other than full and open competition, followed by the FAR citation and FAR citation title.

The statutory authority permitting other than full and open competition is 41 USC 3304(a), implemented by FAR 13.501(a)(1)(ii), using the specific authority stated below:

X 1) The property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency;

____(2) The executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals;

____(3) It is necessary to award the contract to a particular source—

____(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;

____(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center;

____(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or

____(D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;

____(4) The terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for that government, have the effect of requiring the use of procedures other than competitive procedures;

____(5) Subject to section 3105 of this title, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency’s need is for a brand-name commercial item for authorized resale;

____(6) The disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or

____(7) The head of the executive agency (who may not delegate the authority under this paragraph)—

(A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned; and

(B) notifies Congress in writing of that determination not less than 30 days before the award of the contract.

5. Reason for Authority Cited:

The Lethality Division/Energetic Technology Branch of WMRD requires the purchase of two (2) Resodyn

Acoustic Mixers (RAM) that are necessary at two (2) levels of experiment and testing at ARL and have a required delivery schedule of 90 days after receipt of order (ARO). The first level is a benchtop model for

[redacted] experiments up to 500 grams and the second level is acoustic mixing of ingredients for performance testing up to 1000 grams per batch of high explosive product. The mixing of high explosives is typically done mechanically in high-shear planetary mixers. The acoustic mixing process uses low http://www.law.cornell.edu/uscode/text/41/3105 frequency sound waves to agitate the ingredients. Acoustic mixing of explosives is superior because there is no mechanical agitation between mixing blades and bowl, which may create pinch points (a source of ignition). Moreover, Resodyn is the only acoustic mixing source that accelerates all particles regardless of size or geometry lending itself to a more homogenous mixed product. Their method produces a more homogenous product and results in a higher particle load which creates a higher density that creates superior test performance over standard mechanical mixing. Resodyn Acoustic Mixers, Incorporated has independently developed an innovative and unique approach to materials mixing/coating using their patented Resonant Acoustic® technology that is only available from Resodyn. The use of Resodyn’s acoustic mixing technology enables thorough mixing in combination with being able to employ a higher solids loading of energetic material in the binder system. This high solids loading is not achievable through standard mechanical mixing. The through mixing and coating of the energetic solids with binder achieves better quality and less sensitive formulations. The increased solids loading also enables superior performance formulations. The ARL requires superior explosive test performance and Resodyn’s state-of-the-art acoustic mixing process is the only source capable of safely achieving the highest solids loading, density and quality to meet these requirements. Without the procurement of the acoustic mixers, ARL cannot achieve superior test performance, which would result in the delay of explosive formulation development [redacted]. The procurement of the RAMs will also allow for research continuity [redacted].

The procurement of RAMs at these other locations has already been completed and the benefits are being demonstrated [redacted]. We want to utilize the same equipment because of the successful demonstrations. In order for our research to complement previous efforts and develop new utilizations, we require the same type of proven technology and equipment. Additionally, the RAMs have been authorized for use with energetic materials [redacted] and there has been a significant amount of [redacted] research over the past several years utilizing this particular equipment. The use of other technologies for mixing will require multi-year program efforts, [redacted] to prove out the safe use with sensitive energetic materials. Also, the use of other technologies will negate current and future proposals [redacted] which currently employ Resonant Acoustic® mixing technology. There are no alternative providers to Resodyn that can offer the acoustic mixers suited for the testing and experiment at ARL, as Resodyn holds the patent for the required acoustic mixing process. If not procured, the Government will risk detrimental delays in testing, experiment, and research continuity.

6. Efforts to Obtain Competition: Market research was conducted by querying Government-wide databases of contracts relevant to this acquisition, as well as extensive internet and catalog searches for vendors that sell acoustic mixers. Through internet searches, it was determined that there are no other companies that manufacture the acoustic mixing technology. The Resonant Acoustic® technology is patented by Resodyn Acoustic Mixers, Incorporated and they are the only source capable of providing two

(2) acoustic mixers that meet the Government’s requirements, as detailed in paragraph five (5) above.

There are no alternative providers to Resodyn that offer acoustic mixing technology suited for achieving the highest density for test performance, as they hold the patent and proprietary licensing for this unique mixing technology.

7. Actions to Increase Competition: Based on information provided in paragraph five (5) above, competition for this action was not feasible; however, any future purchase requests will include new market research for similar acoustic mixing technology. The new market research will include all the elements necessary at that time to increase the competition, in accordance with the current Federal Acquisitions

Regulations (FAR), whether it is solicitations for bids or sole source justification. As required by FAR

5.201, any other bids or proposals received during this procurement will be forwarded to the approving official for consideration. The Government will continue to pursue web searches to help locate other potential sources that can provide acoustic mixers that meet the requirement, but until another source is known, the Government will continue to use the existing known source, Resodyn Acoustic Mixers, Incorporated, as they hold the patent and there are no other acoustic mixer manufacturers.

8. Market Research: Extensive market research was conducted on December 10, 2014 [redacted] by a

Physical Science Technician with 15 years of experience within the WMRD, Energetic Technology Branch at ARL. Market Research techniques included querying Government-wide databases of previous contracts and a review of catalogs and internet searches to locate sources that could provide the required RAMs.

After thorough research, it was concluded that there are no alternative providers to Resodyn Acoustic

Mixers, Incorporated and they are the only source that offer acoustic mixers suited for the superior testing and experiments required at ARL. The Resonant Acoustic® technology is currently patented by Resodyn

Acoustic Mixers, Inc. and there are no other companies that can provide an acoustic mixer that meets the

Government’s need for research continuity and future testing. The Government will however, continue to conduct market research in the future to identify any other potential sources.

9. Interested Sources: A Sole Source Synopsis was posted to the Federal Business Opportunities website from 15 April 2015 through 22 April 2015 under the authority of FAR 6.302-1, Only One Responsible

Source based on patents and proprietary licenses. FlackTek, Incorporated expressed interest in this procurement, however after consulting with the Technical Point of Contact (TPOC), it was determined that they offer speed mixers, rather than acoustic mixers, and do not manufacture a product that has the acoustic mixing technology patented by Resodyn Acoustic Mixers, Inc. As mentioned above, Resonant Acoustic® mixing technology uses low-frequency, high-intensity acoustic energy combined with high acceleration to rapidly, thoroughly and accurately mix powders. They also generate very little heat, compared to speed mixers, which can often create a risk of exposure to chemicals, require long mixing times, and are susceptible to variability, as results may be inconsistent due to human element. The acoustic mixing technology patented by Resodyn is required by the Government, in order to further current research and develop new formulations using the acoustic mixing process. Resodyn’s patented mixing technology is the only demonstrated and proven process that achieves adequate mixing/coating with high solids loading that produces safer and higher performing energetic formulations. In addition to offering speed mixers and not the patented Resonant Acoustic® technology, FlackTek, Incorporated cannot offer research continuity. As mentioned above, the RAMs have been already been authorized for use with energetic materials

[redacted], which will allow for further experiment testing and research continuity and mitigates delays in explosive formulation development. The use of other technologies for mixing will require multi-year program efforts, [redacted] to prove out the safe use with sensitive energetic materials. Resodyn Acoustic

Mixers, Incorporated is the only source capable of providing two (2) RAMs that meet the Government’s requirements, as detailed in paragraph five (5) above. As required by FAR 5.201, any other bids or proposals received shall be forwarded to the approving official for consideration.

10. Other Facts:

a. Procurement history: Previous procurement of like items were executed as sole source actions, as detailed below:

(1) Contract numbers and dates of the last several awards:

[redacted]

(2) Competitive Status of these actions:

(3) Authority previously used for less than full and open competition:

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results:

Contract [redacted] was awarded as a sole source action based on the market research conducted, resulting in no other vendor being able to satisfy the Government’s requirement and

Resodyn Acoustic Mixers, Incorporated holding the patent for the unique mixing technology required by the Government. The ARL will continue to pursue internet searches and review catalogs to help located other sources that can provide two (2) acoustic mixers with the ability to achieve the highest density for test performance. Any known sources that can provide similar required technology will be sought after for competitive interest.

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances:

Not applicable

(6) An explanation of any unusual patterns which may be revealed by the history; e.g., several consecutive, urgent buys:

Not applicable - No unusual patterns are present in the history of the previous buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes:

Justification for previous buys have included only one source, Resodyn Acoustic Mixers, Incorporated. Market research was conducted during the most recent buy [redacted] and determined that Resodyn Acoustic Mixers, Incorporated is the only source capable of satisfying the research and test performance needs of the Government. This determination has also been made for this proposed procurement. There have been no significant changes in the procurement approach, technical requirements, or capability of industry to match the capabilities of Resodyn

Acoustic Mixers, Incorporated. The RAMs have been patented by Resodyn [redacted], as detailed in paragraph five (5) above.

b. Other Facts.

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: Team Leader, Ingredient, Formulation & Processing Team

Technical Certifier

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: Chief, Energetic Technology Branch

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. Fair and reasonableness will be determined based upon published price lists and previous invoices provided by the vendor.

14. Procuring 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 two (2) Resodyn Acoustic

Mixers on an other than full and open competition basis pursuant to the authority of 41 USC 3304(a)(FAR

13.501(a)(1)(ii)), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Requirements Certifier