REDACTED_Sole_Source_Justification.pdf

Control No. 15-25

Simplified Acquisition Sole Source Justification Review Document

Program/Equipment: Menlo Systems Frequency Comb

Authority: 41 USC 3304(a), implemented by FAR 13.501(a); 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.

Amount: $271,666.86

[REDACTED]

Procuring Contracting Officer:

Typed Name: Daniel Balizan DSN: (575)678-4349 Date Reviewed:

[REDACTED]

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

[REDACTED]

Simplified Acquisition Sole Source Justification Review Document

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] 2800 Powder Mill Rd., Adelphi, MD 20783

2. Description of Action:

Approval is requested to solicit for a new firm fixed price (FFP) contract in support of the ARL’s [REDACTED] on the basis of other than full and open competition pursuant to FAR 13.501(a).

The requested contract is for the purchase of a Frequency Comb with associated accessories. The suggested sole source vendor is Menlo Systems Inc.; 56 Sparta Avenue, Newton, NJ, 07860-2402. Fiscal Year (FY) 2014 Research, Development, Test and Evaluation (RDT&E) Mission funds will be utilized for this effort.

3. Description of Supplies/Services:

Qty One (1) Optical Frequency Synthesizer, [REDACTED] Qty One (1) Electro-optic Phase Modulator, [REDACTED] Qty One (1) Fiber-coupled Beat Detection Unit, [REDACTED] Qty One (1) Custom Opto-Mech, [REDACTED] Qty One (1) Frequency Reference, [REDACTED] Qty One (1) Installation and Two (2) Day Staff Training

4. Authority Cited:

The statutory authority permitting other than full and open competition is 41 USC 1901, implemented by FAR 13.501(a), using the specific 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:

http://www.law.cornell.edu/uscode/text/41/3105

[REDACTED] ARL requires the procurement of a Frequency Comb and associated accessories to support the branch mission. The [REDACTED] Foreign Technology (and Science) Assessment Support (FTAS) program that is managed by the U.S. Army Research, Development, and Engineering Command (RDECOM). The FTAS Program supports the continued identification, acquisition, and integration of foreign technology solutions into mission programs. [REDACTED] Menlo’s Frequency Comb system is the only system in accordance with the FTAS Program requirements [REDACTED] perform the required assessment on.This assessment is the major deliverable to the FTAS program, and [REDACTED] cannot complete this assessment without this specific Frequency Comb.

In order to meet mission requirements, [REDACTED]

6. Efforts to Obtain Competition:

Based on the market research performed for this requirement, there are no vendors other than Menlo Systems that are able to provide the aforementioned Frequency Comb and accessories. This requirement is in support of the FTAS Program. The FTAS program process is as follows:

- Reports on Research and Technology (R&T) deemed as unique, state-of-the-art, and having the potential to meet critical Army needs are identified

- These finds are then formally reported through Technology Information Papers (TIPs) which are submitted through the web-based Global Science and Technology Watch/TIPs On-Line (GSTW/TOL)

- TIPs are assessed for eligibility in to the FTAS Program

- Proponents of proposals from RDECOM will submit their proposals to the

FTAS Chief Global Technology Integration (GTI) Division, Programs and Engineering (P&E) Directorate

- GTI will prepare a memorandum, signed by the Deputy Commanding General (DCG), to Technical Directors and FTAS project proponents notifying them of his recommendations

- Approved FTAS proposal packages are forwarded to Director RDECOM for review and approval.

- DASA(R&T) reviews FTAS proposals and obtains Headquarters, Department of the Arm, Subject Matter Experts (HQDA SME) assessment and makes determination on the proposal

- An approved proposal is then distributed to the Directorates for procurement and initiation of testing and assessing.

The procurement of this Frequency Comb system was researched [REDACTED] as detailed in paragraph 8, and concluded that the Menlo Systems, Inc. optical frequency comb is the only product available to meet the government’s needs.

7. Actions to Increase Competition:

The requestor, by making the Army's requirement known per the above FTAS Program process, has served notice to the Femtosecond Laser industry that further acquisitions may require them to modify their products to include the features required by the Army for these applications. Before future acquisitions, the market will be continually surveyed to determine whether another manufacturer has emerged that could meet the Army requirements, thus justifying the need for full and open competition.

8. Market Research:

Market research was conducted during March of 2015 [REDACTED] They conducted this market research by searching catalogs, and manufacturer’s websites for femtosecond lasers.

The manufacturers found to offer similar devices are Coherent, Femtolaser, and Venteon. Each of these manufacturers produces carrier-envelope-phase-locked femtosecond lasers; however none of these products have an optical-fiber-based architecture, as stated in section 5, this is required for turn-key operation allowing for use on vehicle platforms. Menlo Systems, Inc. produces an optical frequency synthesizer [REDACTED] which is an all-optical-fiber-based carrier-envelope-phase-locked femtosecond laser. Menlo Systems, Inc. also produces an intracavity phase modulator [REDACTED] and beat-detection unit [REDACTED] which are required for optical locking of the [REDACTED], a custom optomech [REDACTED] which is required for low-noise 10 GHz signal generation, and a GPS frequency reference [REDACTED] which is required for achieving an Allan Deviation of 10-13. Due to the aforementioned, Menlo Systems, Inc. is the only manufacturer with a product that meets the minimum requirements.

9. Interested Sources: A synopsis detailing the Government’s intent to issue a sole source award to Princeton Instruments was published to the Federal Business Opportunities (FBO) website. To date, no other company has written to express an interest. There are no other sources that can meet all the Government’s required specifications. Any proposals received prior to the closing date of the synopsis will be considered.

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of the last several awards. N/A

(2) Competitive status of these actions. N/A

(3) Authority previously used for less than full and open competition. N/A

(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. N/A

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

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

(7) If a justification was prepared to support the procurement made before this one, include a copy of the previous J&A as part of this approval package, and briefly describe the circumstances justifying the buy and whether there have been any significant changes. Also describe the Section 7 Actions to Increase Competition that were planned in the previous J&A, and discuss whether or not those actions were taken for this current procurement. Section 7 actions from the previous J&A were not taken with this procurement, the J&A must be approved at one level above the previous J&A approver.

N/A

b. Other Facts. N/A

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.

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.

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 basis for this determination will be a published price list and prior invoices analysis where the same Menlo Systems Frequency Comb and accessories sold in the past 12 months. A comparison between past invoices and published price lists will be conducted against the proposal received for this requirement to determine price reasonableness.

[REDACTED]

X

Requirements Certifier

14. Procuring Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

[REDACTED]

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of Menlo Systems Frequency Comb on an other than full and open competition basis pursuant to the authority of 41 USC 3304(a), implemented by FAR 13.501(a), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.