Redacted-Sole-Source.pdf

Control No. 15-24

Justification Review Document for Other Than Full and Open Competition

Program/Equipment: MTS Planar Biaxial Mechanical Testing System with Torque

Authority: FAR 13.501(a) Amount: [redacted]

[redacted]

Title: Research Aerospace Engineer Date: 9 February 2015

Procuring Contracting Officer: [redacted]

Typed Name: Daniel Balizan Date Reviewed:27 April 2015

[redacted] Date Reviewed: 9 February 2015

[redacted] Date Reviewed: 9 February 2015

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

DSN: [redacted]

Justification and Approval for Other Than Full and Open Competition

1.a. Contracting Agency – US Army Contracting Command, Adelphi Contracting Division CCAP-SCA, 2800 Powder Mill Rd., Adelphi, MD 20783-1197

1.b. Requiring Agency – U.S. Army Research Laboratory (ARL), [redacted]. This action is being brought forward by [redacted], Aberdeen Proving Ground, MD 21005.

2. Description of Action - Approval is requested to solicit for a new Firm Fixed Price (FFP) contract for the procurement and installation of one (1) MTS planar biaxial mechanical testing system with torque and associated items, to the Army Research Laboratory’s (ARL’s) [redacted]. Approval is requested on the basis of other than full and open competition. A firm-fixed price completion form contract is contemplated. FY15 [redacted] funds will be utilized with a value of [redacted].

3.Description of Supplies/Services MTS planar biaxial mechanical testing system with torque, 1 each Axial-torsional grips, 1 set, PN 647.10A-11, 1 each Manifold-tee, pressure 97MM,2 IN SAE C61, 1 set, PN 053-924-501 Manifold-tee, return 90MM, 2 IN SAE C61, 1 set, PN053-924-601 Port plug- 2" code 61 with -24 boss port, 2 sets, PN046-839-002 Adapter-boss/tube -24 mboss X -24 tube, 2 sets, PN010-024-112 Adapter-boss/npt -24 mboss X 1 1/2NPT,MA, 1 set, PN 010-023-609 Valve-check,mod poppet 1 1/2 JIC X 1 1/2, 1 set, PN 006-847-910 Valve-check,mod poppet 1 1/2 JIC X 1 ½, 1 set, PN 006-847-928 SAE flange kit w/o-ring 2" C61 hex. hd b, 1 set, PN 052-798-406 Cable assy-adapt, HPS dual cont-sgl pump, 1 set, PN 005-407-801 Misc hardware – local purchase, 1 set Travel charge, 1 set FSE Labor, 8 sets Calibration, 1 set Routine Maintenance, 1 set Fluid Care, 1 set Seal kit- act 370.10&25 100knstep/hydbrg, 1 set, PN 005-407-801 Travel charge, 1 set Additional day zone charge, 1 set FSE Labor, 24 sets

4. Authority Cited:

The statutory authority permitting other than full and open competition is 41 USC 3304(a), implemented by FAR 13.501(a), using the specific USC subsection authority selected 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 [redacted] requires a planal biaxial mechanical testing system with torque having an axial force capacity of 22,000 pounds in both the vertical and horizontal directions and a torque capacity of 10,000 inch-pounds in the horizontal direction. This combination of force and torque is only supplied by MTS Systems Corp. The Government requires a planar biaxial mechanical testing system to meet its mission of conducting basic research into [redacted]With this system the Government will [redacted]. The system will be used to conduct [redacted]. The multi-axial load state requires 22,000 pounds of axial force capacity in two orthogonal directions and 10,000 inch-pounds of torque capacity in one of those two directions. MTS Systems Corp. is the only supplier of this system. If the Government cannot obtain the MTS Systems Corp. system, it will be unable to meet its mission and the research will be delayed until other sources become available. This research is needed to [redacted].

6. Efforts to Obtain Competition: All known companies that manufacture mechanical testing systems were considered for this procurement. In addition, market research was conducted to identify additional companies who make planar biaxial mechanical testing systems that may meet the requirements of this procurement. Based on market research performed by the Technical Point of Contact (TPOC) (see section 8) no other vendors other than MTS Systems Corp were found to be able to fulfill the government’s requirement without spending significant additional funds and losing potentially significant amounts of time.

7. Actions to Increase Competition:

To date, no other vendor has been identified that has the ability to create a system to meet all of the government specifications. Nevertheless, ARL will continually search the marketplace to increase competition by attending conferences/exhibitions, conduct World Wide Web research, and maintain open discussion with industry experts in order to determine if other companies can meet the government’s strict requirements.

8. Market Research: Market Research was conducted from 5 November 2014 to 3 February 2015 by [redacted] with seven (7) years of experience by contacting subject matter experts within the Government [redacted] , and internet searches. The market research returned several manufacturers of planar biaxial mechanical testing systems.

[redacted] manufactures a system with the desired axial force capacity but not the torque capacity. Further, [redacted] system does not have its actuators aligned with the vertical and horizontal directions, as required by the government. [redacted] manufacture systems, but neither meets either the desired force. The [redacted] system’s capacity is 400 newtons, and the [redacted] system’s capacity is 5 kilonewtons; the government requires a force capacity of 100 kilonewtons. MTS Systems Corporation manufactures a system that meets the 100 kilonewtons force and torque capacity requirements which is why they are best source for this action.

9. Interested Sources:

A Synopsis was posted to the Federal Business Opportunities (FBO) website on 04 May 2015for ten (10) days with a closing date of 14 May 2015. To date, no responses have been received and no other sources have written in to express interest. The notices required by FAR 5.201 shall be published and all bids or proposals shall be considered.

10. Other Facts:

a. Procurement history. – N/A

b. Acquisition Data Availability.

The specifications for MTS Systems Corp’s planar biaxial mechanical testing system are not available because they are proprietary information.

c. Unusual and Compelling Urgency. N/A

d. Subcontracting Competition.

The Government is procuring supplies directly from the prime contractor; 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 –5 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

There is no anticipated future need for this capability.

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: Research Aerospace 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: Chief, Mechanics Division

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 proposed cost will be determined fair and reasonable in accordance with FAR Part 15.404-1(b)(2)(ii) “Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.” In addition, Current published price lists/catalogs/invoices for exact or comparable items sold to a different firm or agency will be reviewed, along with a vendor statement.

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) MTS planar biaxial mechanical testing system with torque and associated items on an other than full and open competition basis pursuant to the authority of 41 USC 3304(a) per FAR 13.501 (a) – “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.