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Control No. 15-62
Template last updated 4/15/2015
Simplified Acquisition Sole Source Justification Review Document
Program/Equipment: ARL Move and Installation of Gas Gun Launchers
Authority: FAR 13.501 (a)(1)(ii)
Amount: [redacted]
Prepared By:
Typed Name: [redacted] DSN: [redacted]
Title: Chief, Impact Physics Branch Date: 20 August 2015
Procuring Contracting Officer:
Date Reviewed: 28 August 2015
Technical Representative:
Title: Program Specialist Date Reviewed: 20 August 2015
Contract Specialist:
Typed Name: DeAnna M Sivage DSN: [redacted]
Date Reviewed: 28 August 2015
Requirements Representative:
Title: Chief, Impact Physics Branch Date Reviewed: 20 August 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 – United States (US) Army Contracting Command – Aberdeen Proving Ground (ACC-APG), Adelphi Contracting Division (CCAP-SCA), 2800 Power Mill RD, Adelphi, MD 20783.
1.b. Requiring Agency – US Army Research Laboratory, Weapons and Materials Research Directorate (WMRD), Programs and Plans Office (PPO) (RDRL-WMS), 4600 Deer Creek Loop, Building 4600, Aberdeen Proving Ground (APG), MD 21005
2. Description of Action – Approval is requested to solicit for a new Firm Fixed Price (FFP) contract for the relocation, reinstallation and upgrade of Gas Guns and associated equipment [redacted] at APG of ARL’s Programs and Plans Office. Approval is requested on the basis of other than full and open competition. The suggested sole source vendor is Physics Applications, Inc, 7635 Wilmington Pike, Dayton, OH 45458- 5425, a Small Business, who is the sole manufacturer and source that is capable of providing the required services, as they own the schematic drawings to the Gas Guns that are currently at APG and required to be relocated. Fiscal Year (FY) 15 Research, Development, Test, and Evaluation (RDT&E) funds will be utilized with a value of [redacted].
3. Description of Supplies/Services – The services requested are for relocating, reinstalling and upgrading gas Guns within a Shock Physics Laboratory (SPL) [redacted] on the Aberdeen Proving Ground to the newly completed [redacted] portion of the Aberdeen Proving Ground. The period of performance (POP) for the required services is anticipated to be six (6) months. The proposed acquisition consists of the following:
1) The disconnection of the extensive electrical and pneumatic control systems of two
(2) large bore gas guns each weighing more than five (5) tons.
2) Movement of the gas guns and associated control systems to the new location.
3) Reinstallation of the gas guns at the new location.
4) Relocation of all associated mechanical equipment needed for gas gun operations, including, but not limited, to the following:
a) The control room
b) Helium gas supply
c) Vacuum pumps
d) Gas pressure booster pumps
e) Optical, diagnostic, and instrumentation equipment.
A significant aspect of the requested services is the proper breakdown and then reconnection of the highly complex gas gun electro-pneumatic control systems:
1) Proper labeling of all electrical and pneumatic lines from the control room to the gun system, pressurization pumps, vacuum pumps, impact chamber, and external gas supply. There are over 100 sensors, lines, and feedback modules that comprise this control system which is proprietary to Physics Application, Inc. (PAI).
2) Removal of all electrical and pneumatic lines which requires disconnection from the systems listed in item One (1), disconnection of the lines from the control room console system, and pulling the lines from the extensive below-grade trench system that connects the control room to the operating systems listed in item One (1) above.
3) Reconnection of the entire network of electro-pneumatic controllers and connection lines to the gun system once placed in the new facility.
4) Verification that all controllers, feedback loops, and interlocks are completely functional to certify the gun system as safe for operation.
The gas gun firing system shall be upgraded from the current system that is more than 20 years old. The total cost of the proposed acquisition is [redacted].
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 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 Programs and Plans Office (PPO) within the Army Research Laboratory (ARL) at APG requires the procurement of the relocation, reinstallation and upgrade of Gas Guns to a new facility [redacted]. The SPL being relocated contains gas guns and control systems that were provided by Physics Applications, Incorporated (PAI) of Dayton, Ohio, when the laboratory was first constructed in 1995. The first gas gun is a two-stage light gas gun that contains extensive electro-pneumatic controllers throughout the entire length of the launcher to control and monitor the gas pressure levels, pressurization pump functions, vacuum pump operations, and failsafe interlocks. The second gas gun is a single stage compressed gas gun with a unique breech, projectile firing mechanism, and associated electro-pneumatic control system that was designed by PAI. Both guns are operated by a single control room firing system that was custom designed by PAI to operate both gas guns from a single console. The extensive safety interlock systems for both guns, as well as the entire laboratory, are also controlled and monitored by the single control room firing system. The SPL, along with the two (2) gas guns, will be moved to a new facility [redacted], where a third gas gun currently exists, to create a three (3) gun laboratory. Integrating the firing control system of the third gun into the two-gun control http://www.law.cornell.edu/uscode/text/41/3105 and interlock system will be required. It should be noted that the class of gas guns used in the SPL are highly specialized pieces of proprietary laboratory equipment and are not traditional projectile-firing cannons used for military purposes.
The gas guns and associated electro-pneumatic control systems are a proprietary design of PAI. Therefore, PAI has retained all of the schematic and layout drawings for the gas guns and highly complex control systems. Due to the retention of these documents and schematics, the proposed vendor for relocating the SPL is PAI. In addition to PAI, there are two (2) known vendors in the market place that can perform the required services of relocating single and two-stage gas guns, along with integrating the guns into a single control system: Thiot Corporation located in France and the Ernst Mach Institute located in Germany. All three (3) gas gun vendors’ use their own proprietary gun hardware and control systems, and each are very different from the other. In as such, PAI currently holds the proprietary rights to the current system designs, which are required for this removal and relocation service requirement. Due to the significant complexity of the gas gun systems, it would take a vendor unfamiliar with the current schematic and layout drawings of the current gas gun charging system, electro-pneumatic controls, and safety interlocks, a significant amount of time to understand PAI’s system and methods. There are over one hundred pneumatic controls located throughout the gas guns and the helium charging systems alone. If not procured with PAI, the possible time investment required by a different vendor unfamiliar with the current details of the PAI proprietary design, will cost the Government [redacted] additional funding and four (4) months in time. Furthermore, PAI has a substantial amount of years of experience with gas gun system installation into laboratory facilities.
For example, PAI is familiar with the Government’s efficient and effective required technique of shimming the gun mounts to concrete floors in a way that will withstand gun recoil forces. PAI is also familiar with the importance of how straight the gun tubes must be aligned in the cradles, to ensure the guns operate as designed. These characteristics serve as a justification to select PAI as the only source capable for relocating the gas gun systems. No other vendor in the market place has access to the original schematics and system operations currently [redacted] at APG or the expertise in this field. Due to the aforementioned, PAI is the only source capable of providing the services required to complete the gas gun removal and relocation services, and capable of confirming that the laboratory shall continue to operate effectively, as originally designed.
6. Efforts to Obtain Competition:
Based on the Market Research performed by the Technical Point of Contact (TPOC) (See Section 8), in which all known available options were considered and thorough analysis was conducted, no vendors other than PAI were found to be able to fulfill the Government’s requirements for the relocation, reinstallation and upgrade of the gas guns and their operational systems. In attendance of the Hypervelocity Impact Symposia’s of 2012 and 2015, only three (3) companies were discovered to be the only vendors in the armlet place for two-stage light gas guns. After surveying the market place, only three (3) vendors in the world were found; Thiot Corporation operates in France, Ernst Mach Institute (EMI) operates in Germany and Physics Applications, Inc.
operates in Ohio. This was confirmed by internet searches seeking two-stage light gas purchases, reviews of bi-annual proceedings from Hypervelocity Impact Symposia and Aeroballistic Range Association meetings, dating between 1955 to 2015, internet and ARL purchase database searches, and discussions with other laboratories in the US that operate two-stage light gas guns. Market research determined that Thiot and EMI do not move another vendor’s gas guns and therefore, do not meet the Government’s requirements. PAI currently holds the proprietary rights to the current system designs, which are required for this removal and relocation service requirement. Per the significant complexity of the gas gun systems, it would take a vendor unfamiliar with the current schematic and layout drawings of the current gas gun charging system, electro-pneumatic controls, and safety interlocks a significant amount of time to understand PAI’s system and methods. There are over one hundred pneumatic controls located throughout the gas guns and the helium charging systems alone. If not procured with PAI, the possible time investment required by a vendor unfamiliar with the current details of the PAI proprietary design will cost the Government [redacted] additional funding and four (4) months of additional time. Furthermore, PAI has a substantial amount of years in experience installing gas gun systems into laboratory facilities.
7. Actions to Increase Competition:
Based on information provided in paragraph five (5) above, full and open competition for this action was not feasible; however, any future purchase requests for related gas gun relocation, reinstallation, and upgrade services will include new market research. 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. Additionally, the Government continually invites other sources to provide and/or demonstrate their competing services. If and when a new source is identified, the Government will technically evaluate the vendor’s service, and if the new source is capable of meeting the Government’s requirement, the Government will compete the gas gun relocation, reinstallation, and upgrade service requirement. To date, no other vendor has been identified that has the ability to relocate, reinstall and upgrade the gas guns and their respective operational systems to meet all of the Government’s specifications. PAI is the only company to have the schematic drawings of the gun hardware and electro-pneumatic system layout of the existing gun system, which will be required to perform the relocation service.
8. Market Research: Extensive market research was conducted 09-12 September 2012 and again on 27-30 April 2015 by [redacted] the Chief of the Impact Physics Branch (IPB) within the Weapons and Materials Research Directorate (WMRD) at the US Army Research Laboratory (ARL) and has 30 years of experience. Market research performed included the following techniques:
Consultations were held with gas gun facility managers at Sandia National Laboratories and Los Alamos National Laboratory to identify any potential vendors. Conference proceedings where gas gun vendors publicize their products were searched, to include the Proceedings of the Hypervelocity Impact Symposia from 1995 to 2015 and the Proceedings of the Aeroballistic Range Society from 1965 to 2014.
Contacted knowledgeable people or subject matter experts within the Government and industry, including the below individuals:
o [redacted] Engineer at Thiot, [redacted] o [redacted] Senior researcher at EMI, [redacted] o [redacted] Owner at PAI [redacted]
Reviewed previous market research efforts conducted for similar items:
o Previous EM/Two Stage Gas Gun ordered on 20 JUN 1996 at
$900,000.00; U.S. Army Contract No. DAALO1-97-C-0138.
Internet searches were conducted on whether two-stage gas gun companies were in operation.
o http://www.thiot-ingenierie.com/products/launchers/two-stage-light-gas-guns/ o http://phys.org/wire-news/112962378/swri-acquires-light-gas-gun-facility-for-hypervelocity-research.html o http://www.en.emi.fraunhofer.de/business-segments/space/ o http://dcs-aps.wsu.edu/assets/images/uploads/080714_DCS_Facilities_Appendix_ Merged_Into_Flyer_Final_for_Print.pdf o The directory at contractdirectory.gov was searched.
After extensive research, it was determined that PAI is the only company that is capable and compatible with the current schematics and equipment to remove, reinstall and, upgrade the gas guns and operational systems at APG. Due to the aforementioned, PAI is the sole vendor capable of meeting the Government’s requirements and no other vendor is capable of providing the required services.
9. Interested Sources:
A synopsis was posted to the Federal Business Opportunities website on 28 August 2015 for seven (7) days, with a closing date of 04 September 2015. To date, no responses have been received and no other sources have written to express interest in being capable providing the required gas gun relocation services. As required by FAR 5.201, any other bids or proposals received shall be forwarded to the approving technical official for consideration, and if found to be a potential source, the sole source will be abandoned and the solicitation will be opened to competition.
10. Other Facts:
a. Procurement history. None. This is a new requirement for the procurement of relocation, reinstallation, and upgrade services of current Government owned Gas Guns.
b. Other Facts. Not applicable http://www.thiot-ingenierie.com/products/launchers/two-stage-light-gas-guns/ http://www.thiot-ingenierie.com/products/launchers/two-stage-light-gas-guns/ http://phys.org/wire-news/112962378/swri-acquires-light-gas-gun-facility-for-hypervelocity-research.html http://phys.org/wire-news/112962378/swri-acquires-light-gas-gun-facility-for-hypervelocity-research.html http://www.en.emi.fraunhofer.de/business-segments/space/ http://dcs-aps.wsu.edu/assets/images/uploads/080714_DCS_Facilities_Appendix_Merged_Into_Flyer_Final_for_Print.pdf http://dcs-aps.wsu.edu/assets/images/uploads/080714_DCS_Facilities_Appendix_Merged_Into_Flyer_Final_for_Print.pdf http://dcs-aps.wsu.edu/assets/images/uploads/080714_DCS_Facilities_Appendix_Merged_Into_Flyer_Final_for_Print.pdf file:///C:/Users/rebecca.patterson3/AppData/Local/Microsoft/Windows/rebecca.l.clark/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/rebecca.patterson3/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.IE5/HGAX9HP9/contractdirectory.gov
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: Program Specialist
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, Impact Physics Branch
Requirements Certifier
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 based upon previous pricing history and publically available price lists.
Contracting Officer (KO)
Technical Certifier (Tech)
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 relocation, reinstallation, and upgrade services of two (2) Gas Guns [redacted] at APG, on an other than full and open competition basis pursuant to the authority of 41 USC 1901, implemented by 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.
(End of J&A)
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