A03_-_Simplified_Acquisition_Sole_Source_Justification_over_$150K_(FAR_13.5)_(REDACTED)_(7.18.2017).pdf

Control No. JA-Adel-17-491

JUSTIFICATION REVIEW DOCUMENT

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

Supply/Service: Maintenance for a Bruker D8 Diffractometer X-ray diffraction system.

Authority: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Amount: $250,013.00

Prepared by:

Ph.D. Materials Engineer Date: 4/19/17 Email:

Contracting Officer: Benjamin Shelton Contracting Officer Date: 4/19/2017

Technical:

Requirements:

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

Program Manager:

6/8/2017

X

Program Manager

Signed by:

Department of Army FAR Part 13 Simplified Acquisition Sole Source Justification and Approval for

Other than Full and Open Competition

1. Contracting Activity: Army Research lab, 4600 Deer Creek Loop, APG, MD 21005

2. Description of Action: Coatings, Corrosion and Engineered Polymers Branch (RDRL-WMM-C) requests a firm-fixed-price contract with Bruker 5465 East Cheryl Parkway - Madison, WI 53711-5373. The Government projects award for June 2017 and fiscal year 2017, RDTE funds will be used.

_X_ An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B) and is not a cost reimbursement type contract (FAR 16.301- 3(a)(2)).

3. Description of Supplies/Services: The Bruker D8 X-ray diffractometer located at 4600 Deer Creek Loop at Aberdeen Proving Grounds Maryland 21005 shall be maintained in good working order.

Base Period: 6/9/2017 to 6/8/2018 Option Period 1: 6/9/2018 to 6/8/2019 Option Period 2: 6/9/2019 to 6/8/2020 Option Period 3: 6/9/2020 to 6/8/2021 Option Period 4: 6/9/2021 to 6/8/2022

FAR Clause 52.217-8 option: 6/9/2022 to 12/8/2022 Total: $250,013

4. Authority Cited:

41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

The Government requires the maintenance of the Bruker D8 Diffractometer which was purchased in 2015 under contract W911QX-15-P-0162. The X-ray diffraction system characterizes materials and has the capability to gather diffraction data using various techniques/samples including: powder diffraction, thin film diffraction, residual stress measurement (uniaxial, biaxial, and triaxial), x-ray reflectivity including thin films, grazing incidence X-ray diffraction/analysis including thin films, high resolution, reciprocal space mapping, crystallite size measurement/analysis, pole figure measurement/analysis including thin films, ab-initio crystal structure determination/refinement, phase identification/phase analysis, high resolution x-ray diffraction, diffraction of fibers and sheets, micro-diffraction.

The Bruker D8 X-ray diffraction system has many original equipment manufacturer (OEM) specific features/procedures/training that is not available from anyone but the OEM, as such Bruker AXS is the only company that authorized to service this

Government owned equipment. The tool drawings, patents, computer code, and software are proprietary and owned by the OEM and no other companies have this information. The Bruker D8 Diffraction system is a complex piece of equipment that has specified tolerances and no other contractor could have this type of information and capability. Without this information other companies cannot service the X-ray diffraction system or supply many of the parts.

6. Efforts to Obtain Competition:

There is no competition available based on the market research that was performed by the Technical Point of Contact (TPOC) who did not find any other vendors available that were authorized technicians on Bruker equipment who could perform the required maintenance services. The restriction of sources is simply due to the nature of the proprietary ownership of all the patents surrounding the procedures, features, trainings, drawings, computer codes, and software being owned by Bruker. There is, no other company available that would have this information nor do they have the capability to perform the required task.

7. Actions to Increase Competition:

ARL will continue to periodically conduct research through utilizing Internet Web searches and reviewing Web publications and other similar product Web sites to survey what the commercial market value is for the maintenance of X-ray diffraction systems.

However due to the Bruker brand X-ray diffraction system having specific features, operation procedures, and trainings it can only be maintenanced through Bruker AXS.

In the future, the commercial marketplace will be reviewed periodically to see if Bruker AXS has authorized additional vendors to provide maintenance services for similar diffraction systems, which could enhance the technical research missions of Army Research Laboratory ARL.

8. Market Research:

Market research was conducted on 18 April 2017 by (Materials Engineer), RDRL-WMM-C, with years of experience. Web searches were used during the market research phase, as a result it was discovered that the Bruker D8 Diffraction system has a unique operation and uses specific OEM parts, computer code, and software that is proprietary and owned by OEM. During the market research phase there were other X-ray diffraction contractors that serviced X-ray diffraction systems found. However Bruker’s advantage is the complexity of Bruker’s D8 Diffraction system related to tolerances on the order of no other companies have the information and capability to service this system. As a result no other company can service the Bruker D8 Diffraction system.

9. Interested Sources:

A synopsis was posted to FedBizOps on 05/16/2017 and closed on 05/31/2017 included the following statement of the reason justifying the lack of competition; Bruker AXS is the only company that can supply this service. The diffraction system tool drawings, patents, computer code, and software are proprietary and owned by the OEM no other companies have this information. Without this information other companies cannot service the diffraction system tool or supply many of the parts. If any interested sources seeking to challenge this proceeding may provide their company information to the contracting officer for technical review and determination of capabilities. To Date no interested service providers have responses.

10. Other Facts:

a. Procurement History

The US Army Research Laboratory awarded a D8 Bruker Diffractometer system on 14 May 2015.

1.) W911QX-15-P-0162 ($434,000,00).

2.) This acquisition was competed and Bruker AXS was the successful offeror.

3.) Full and open competition was used during solicitation.

4.) The previous procurement to this acquisition was competed competively;

therefore no justification was prepared to support the procurement made prior to this acquisition.

5.) This acquisition was competed and due to the complexity of Bruker D8’s X-ray Diffraction system, along with specified, trainings, procedures, drawings, computer code, and software being proprietary owned by the OEM, this limits any possibility of other contractors having the necessary information capability to meet the requirements.

6.) No other unusual patterns were revealed by this procurement history.

7.) Due to the acquisition being previously competed no justification was prepared to support this procurement.

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.

Ph.D. Materials Engineer :

X

Technical Certifier (Tech)

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.

Ph.D. Materials Engineer:

X

Requirements Certifier

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

_X_ Price analysis

As a part of this basis, certified cost or pricing data:

_X_ will not be required and the following exception applies (FAR 15.403):

_X_ A commercial item is being acquired.

Approval

Based on the foregoing justification, I hereby approve the procurement of maintenance of the Bruker D8 X-ray diffractometer on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

6/14/2017

X James G O'Keefe III

Contracting Officer (KO)

(End of Justification)