A02 - Redacted Simplified Acquisition Sole Source Justification.docx

REDACTED JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment:

Service of one (1) Local Electrode Atom Probe (LEAP) 5000 XR 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: $505,500.00

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

Program Manager:

Control No: JA-19-Adel-125 Contractor: Cameca Instruments, Inc.

Supply/Service: Service of one (1) Local Electrode Atom Probe (LEAP) 5000 XR system

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: US Contracting Command – Aberdeen Proving Ground, Adelphi Contracting Division (ACC-APG-CCAP-SCA), 2800 Powder Mill Road, Adelphi, MD 20783

2. Description of Action: The Army Research Laboratory (ARL) requests a Firm-Fixed-Price (FFP) service contract with Cameca Instruments, Inc. The Government projects award for September 2019, and Fiscal Year 2019 funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services:

A service contract for the Local Electrode Atom Probe (LEAP) 5000XR with a base year plus four (4) option years.

NSP

NSP

Total Period of Performance: 30 September 2019 to 29 September 2024 Total Value: REDACTED

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: Cameca Instruments, Inc is currently the only manufacturer of LEAPs in the world. Roughly a decade ago, REDACTED purchased REDACTED, the only other manufacturer of such a tool; thus, Cameca Instruments, Inc is the sole remaining company producing LEAP systems. Furthermore, since all companies that ever produced LEAPs are now under the control of REDACTED, REDACTED is the only option.

Only one responsible source, Cameca Instruments, Inc, can provide a service contract for preventative and software maintenance on a current Government-owned LEAP 5000XR because they are the original manufactuer and owner of all proprietary data for this product. The service includes one (1) yearly preventative maintenance visit to ensure the LEAP 5000 XR system is calibrated and within specification. This includes calibrating the time-of-flight detector using a reference Silicon sample as well as a laser calibration to ensure proper energy level are generated. Additionally, service includes repairing or replacing any components that break on the instrument.

The LEAP 5000 XR system was purchased back in 2016 for REDACTED by ARL and was installed at the end of 2016 becoming fully operation in early 2017. Since that time the system had a one (1) year service agreement in place that was included at the time of purchase, however, that agreement has since expired, and thus is the reason for putting in for this new service contract.

Consequently, no other company has the ability to provide service on a LEAP due to them not having the proprietary data regarding the schematics of the machine and its individual components. This current service contract will ensure the operation of the LEAP 5000 XR, which is the most advanced platform that has an unmatched ability to equally detect and quantify all elements, including Hydrogen, while also possessing subnanometer spatial resolution in all three dimensions. These capabilities make this equipment necessary for the Government to own when quantifying chemistry at the nanoscale needed in researching today’s material. Consequently, this service contract will ensure the Army has the most capable system for analyzing chemistry at nanometer level for, at a minimum, the next five (5) years fulfilling mission funded research. Failure to issue this contract could result in risk to the system operation only to have the system be subcontracted out for service by Cameca Instruments. To replace the current microscope with an equivalent replacement is approximately REDACTED; thus, the REDACTED cost for five (5) years of preventative maintenance service is the most cost effective option for the Government.

6. Efforts to Obtain Competition:

Please see Section 8 for further details.

7. Actions to Increase Competition:

Since Cameca Instruments, Inc. is the only manufacturer of the LEAP 5000 XR system, no other company has the ability and knowledge to provide maintenance to the system. However, 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. If the Government becomes aware of other sources with the capability to meet Government requirements, then a determination will be made for suitable competition.

8. Market Research:

Market research was conducted by REDACTED from March 2018 to October 2018 to identify possible other companies for providing maintenance service to the LEAP 5000 XR system. Market research performed consisted of searching UNICOR, AbilityOne, CHESS, OASIS, and GSA Acquisition Gateway. Additionally, the published formal requests for information in technical publications and journals were reviewed as well as catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line. Lastly, market research was conducted via internet REDACTED. However, no other companies were identified besides Cameca Instruments, Inc, whose formal quote for five (5) years of service in the form of a service contract have been provided.

9. Interested Sources:

A Synopsis was posted to FedBizopps on 14 August 2019 and closed on 19 August 2019 in order to identify interested sources. The outcome concluded that there is only one interested source, the Original Equiment Manufacturer (OEM), Cameca Instruments, Inc. Should there be any interest from other vendors, their capabilities will be submitted to the Contracting Officer for technical evaluation to determine if there is true competition by another source providing the same requirement.

10. Other Facts:

a. Procurement History

None - This is a first time buy.

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: Materials 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: Branch Chief

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:

__ Cost analysis __ Price analysis __ Should-cost

_X IGCE

__ Audit:

__ Other:

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

__ will be required.

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

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

_X A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

14. 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 the service of one (1) Local Electrode Atom Probe (LEAP) 5000XR system for an estimate of REDACTED and for five (5) years, 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 or supplies herein described have otherwise been authorized for acquisition.

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