REDACTED Simplified Acquisition Sole Source Justification (FAR 13.5).pdf

Control No: [REDACTED] Contractor: Cameca Instruments, Inc.

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

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 for one (1) base year and four (4) option years.

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: [REDACTED]

Prepared by: [REDACTED] DSN: [REDACTED] [REDACTED] Date: 04/15/2024

[REDACTED]

Email: [REDACTED]

Contracting Officer: [REDACTED] DSN: [REDACTED]

[REDACTED] Date: [REDACTED] Email: [REDACTED]

Technical: [REDACTED] DSN: [REDACTED] [REDACTED] Date: [REDACTED]

[REDACTED]

Email: [REDACTED]

Requirements: [REDACTED] DSN: [REDACTED] [REDACTED] Date: [REDACTED]

[REDACTED]

Email: [REDACTED]

Controlled by: U.S. Army Controlled by: ACC-APG

CUI Category: General Procurement & Acquisition Distribution/Dissemination Control: FEDCON

POC: [REDACTED]

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

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

2. Description of Action: The [REDACTED] requests a Firm-Fixed-Price (FFP) service contract with Cameca Instruments Inc., 5470 Nobel Drive, Madison, WI 53711(CAGE Code: 1FJ95; Large Business). The Government projects award for September 2024, and [REDACTED] 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: The Government requires Preventative Maintenance Services on the existing, Government-owned the Local Electrode Atom Probe (LEAP) 5000 XR, Serial Number (S/N): 5078, manufactured by Cameca Instruments Inc., the Original Equipment Manufacturer (OEM). A maintenance service contract for LEAP 5000 XR with one (1) base year and four (4) option years. The LEAP 5000 XR system was purchased by the Government in [REDACTED] under contract [REDACTED] in the amount of [REDACTED] and installed at the [REDACTED] becoming fully operation in [REDACTED]. The current service contract for this device will end on [REDACTED] and will need to be replaced to maintain accuracy and functionality to support [REDACTED]. The LEAP 5000 XR is currently located in Aberdeen Proving Ground, MD and this service will include one (1) preventative maintenance visit per year to ensure the LEAP 5000 XR system is calibrated and within specification. This service also will include calibrating the time-of-flight detector using a reference silicon sample as well as a laser calibration to ensure proper energy levels are generated. Additionally, service will include repairing or replacing any components that break on the instrument as needed.

This 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 sub nanometer spatial resolution in all three dimensions. This system is a priority need to support Army research [REDACTED]. These capabilities make this equipment necessary for the Government to own when quantifying chemistry at the nanoscale needed in researching today’s materials. The microscope is utilized in support of multiple [REDACTED] funded programs to directly quantify elemental chemistries on the atomic level required for the development of new materials and correlation of mechanical properties.

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.

The preventative maintenance services include the following:

- The Contractor shall provide on-demand maintenance service via in-person, remote, telephone, and email support.

- This includes on-site visits to fix and repair any issues that cannot be resolved through telephone or email communications with a Cameca service engineer.

- The Contractor shall provide timely delivery of all required parts to repair the tool when repairs are needed.

- The Contractor shall have a service engineer onsite within a week of being informed of any maintenance issue that prevents the tool from operating in, at minimum, voltage mode.

- The Contractor shall include updated versions to the software required for daily operation as they come available and provide them by mailing a DVD with the most updated version to the Contracting Officer’s Representative (COR) .

- All work shall be accomplished during the Government’s normal working hours.

Normal working hours are from 8:00 a.m. to 5:00 p.m., Eastern Standard Time (EST), Monday through Friday with the exceptions of holidays (a detailed list of federally-observed holidays will be placed under Section H of the contract).

The preventative maintenance and repair service Contract Line Item Numbers (CLINs) of this contract will be procured as Firm-Fixed Price (FFP). The estimated price of the requested Sole Source Justification was derived from both an Independent Government Estimate (IGE) and a market research quote. The anticipated CLIN structure and periods of performance (PoPs) are listed below:

CLINs Description Performance of Period Cost

0001 Base Period 9/30/2024 to 9/29/2025 [REDACTED]

0002 Data 9/30/2024 to 9/29/2025 Not Separately Priced

(NSP)

0003 Option Year One (1) 9/30/2025 to 9/29/2026 [REDACTED]

0004 Data 9/30/2025 to 9/29/2026 NSP

0005 Option Year Two (2) 9/30/2026 to 9/29/2027 [REDACTED]

0006 Data 9/30/2026 to 9/29/2027 NSP

0007 Option Year Three (3) 9/30/2027 to 9/29/2028 [REDACTED]

0008 Data 9/30/2027 to 9/29/2028 NSP

0009 Option Year Four (4) 9/30/2028 to 9/29/2029 [REDACTED]

0010 Data 9/30/2028 to 9/29/2029 NSP

Total [REDACTED]

4. Authority Cited: 41 U.S.C. 1901(e)(2), 10 U.S.C. 3204(e), implemented by FAR 13.501(a) -- Simplified Procedures for Certain Commercial Products and Commercial Services.

5. Reason for Authority Cited:

Only one responsible source, Cameca Instruments Inc., can provide a service contract for preventative and software maintenance on a current Government-owned LEAP 5000 XR because they are the original manufacture and owner of all proprietary data for this product. No other company has specialized knowledge, training, and ability to provide service on a LEAP due to the proprietary data regarding the schematics of the machine and its individual components. As the OEM, Cameca Instruments hold the following patents for this LEAP 5000 XR System: High Resolution Wide Angle Tomographic Probe (Patent Number (PN)-8074292), Methods And Devices For Atom Probe Mass Resolution Enhancement (PN-7772552), Wide Field-Of-View Atom Probe (PN-10615001), Wide Field-Of-View Atom Probe (Publication Number-20180130636), 3D Atomic Scale Imaging Methods (PN-8670608), Methods And Devices For Improving Atom Probe Detector Performance (PN-8575544), Atom Probe (PN-8513597), Mass Analysis Device With Wide Angular Acceptance Including A Reflectron (PN-8502139), Device For Generating Wide Spectral Band Laser Pulses, Particularly For A Tomographic Atom Probe (PN-8247766), Laser Atom Probe Methods (PN-8153968), Reflectron (PN- 8134119), Mass Analysis Device With Wide Angular Acceptance Including A Reflectron (Publication Number-20110303841), High Resolution Wide Angle Tomographic Probe (PN-8074292), Tomographic Atom Probe Comprising An Electro-Optical Generator of High-Voltage Electrical Pulses (Publication Number-20110260046), Atom Probes, Atom Probe Specimens, And Associated Methods (PN-7884323). The uniqueness of this machine with its time-of-flight mass spectrometer and high vacuum analysis chamber in combination with cryogenic cooping means no other companies possess the specialized training and experience to conduct required services on this equipment.

Failure to issue this contract will result in risk to the system operation as Cameca Instruments Inc. is the only manufacturer of this type of atom probe equipment. Attempts to transition to another type of equipment potentially conducting similar actions would cost approximately [REDACTED], require installation, and training which would further delay vital mission activities. The delays in operation and the additional costs are unacceptable to the government. Based on the aforementioned, only Cameca Instruments Inc. can meet the Government’s requirements for a preventative maintenance service contract for the owned LEAP 5000 XR system.

6. Efforts to Obtain Competition:

A combined notice of intent to sole source/synopsis of this requirement was posted to sam.gov from 25 April 2024 through 10 May 2024. It clearly noted the Government’s intent to purchase a sole source strategy with Cameca Instruments. At the time of the announcement closing, no responses received prior to the closing date and time of this synopsis. The Government will consider all proposals received prior to the closing date and time of this solicitation.

The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. Because this is a sole source action, effective competition is not applicable. Subcontracting opportunities do not exist for this action.

7. Actions to Increase Competition:

The Government will continue to perform market research to locate all other sources with the capability to provide preventative maintenance service to the LEAP 5000 XR system.

With proposed maintenance, this system can last at least ten (10) years. ARL will consider other manufacturers, if any, of similar system when replacing the LEAP 5000 XR system. When that time comes, other maintenance providers will be considered, as well. If the Government becomes aware of other sources with the capability to meet the Government’s requirements, then a determination will be made for suitable competition.

When another source is discovered, the Government will technically evaluate the response against the current preventative maintenance service offered by Cameca Instruments. If the new source is deemed acceptable, then the Government will seek a competitive action.

8. Market Research:

Market research was conducted by the Technical Point of Contact (TPOC) from October 2023 to March 2024 to identify possible other companies for providing maintenance service to the LEAP 5000 XR system. Market research performed consisted of searching UNICOR, AbilityOne, Computer Hardware, Enterprise Software and Solutions (CHESS), OASIS, and General Services Administration (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 (Cameca Science & Metrology Solutions https://www.cameca.com/products/apt/leap5000, University of Oxford Atom Probe Group http://www-fim.materials.ox.ac.uk/, and etc.). 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. As a result of this market research concluded that Cameca Instruments Inc., the OEM, is the only company capable and with the knowledge to provide maintenance to the system. Thus, Cameca is the only company who can meet the requirements needed to provide a service contract for the LEAP 5000 XR system.

9. Interested Sources:

To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History

Contract: [REDACTED] Contractor: Cameca Instruments Inc.

Award Date: [REDACTED] Period of Performance: [REDACTED] Dollar Value: [REDACTED] Competitive Status: Sole Source 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.

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: [REDACTED]

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: [REDACTED]

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 _X_ Price analysis __ Should-cost

_X_ IGE

__ 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 a firm fixed price service contract for Local Electrode Atom Probe (LEAP) 5000 XR system for one

(1) preventative maintenance visit per year with one (1) base year and four (4) option years. The total value for this contract is [REDACTED] 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.

(End of Justification)