015. JOFOC - NI - LabVIEW - Final.pdf

Rev.:04/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Marshall Space Flight Center (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For National Instruments (NI) Enterprise Agreement (EA) LabVIEW Software Support Purchase Order

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) George C. Marshall Space Flight Center (MSFC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is MSFC located in Huntsville, AL.

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to award a sole source contract to National Instruments Corporation.

This contract action will provide continuity of services for the MSFC Engineering Directorate with the extension of existing LabVIEW Software Licenses as well as the accompanying IT Support Services.

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the Agency’s needs (including the estimated value):

The NI EA is focused on LabVIEW software licenses, NI specific training, and NI support to assist the MSFC engineering community. The software provides the capability for designing and developing software programs that interact with data acquisition and control hardware, and provide a user interface for manual and automated control of laboratory experiments including the collection, recording and analysis of data from the experiments.

The total estimated cost of this effort for a one year base period with two, 1-year options is $711,915 with the base award cost being $223,745 and the options for year 2 and year 3 being $244,085 each. The software included in the EA includes but is not limited to the following:

Software Included in Program Finite Quantity NI Software Licenses Quantity and License Type Software Title 15 Named User or Computer Based DIAdem Professional 3 Named User or Computer Based Circuit Design Suite

Unlimited Quantity NI Software Licenses EP Bundle Title: Control Test Plus Debug Bundle Title: Control Test Plus Debug

Control Test Plus Bundle

Control Test Plus Bundle, Debug Programming Environments Add Ons

LabVIEW Professional Development System LabVIEW Real-Time Module LabWindows/CVI Full Development System LabVIEW FPGA Module NI Measurement Studio Enterprise Edition LabVIEW MathScript Module

Application Software LabVIEW Sound and Vibration Toolkit

Programming Environments LabVIEW Professional Development System LabVIEW for Mac and Linux LabWindows/CVI Full Development System NI Measurement Studio Enterprise Edition

Application Software TestStand Switch Executive Requirements Gateway Vision Builder for Automated Inspection VeriStand

Additional Tools Included LabVIEW Analytics and Machine Learning LabVIEW Electrical Power Toolkit ECU Measurement and Calibration Toolkit Automotive Diagnostic Command Set TestStand ATML Toolkit

Included Discontinued Software LabVIEW DataFinder Toolkit LabVIEW Statechart Module LabVIEW Modulation Toolkit Analog Waveform Editor Digital Waveform Editor NI SignalExpress NI Motion Assistant

Add Ons LabVIEW Real-Time Module LabVIEW FPGA Module LabVIEW MathScript Module LabVIEW OPC UA Toolkit LabVIEW Sound and Vibration Toolkit LabVIEW Control Design and Simulation Module LabVIEW Datalogging and Supervisory Control Module LabVIEW Unit Test Framework Toolkit LabVIEW VI Analyzer Toolkit LabVIEW Digital Filter Design Toolkit LabVIEW Advanced Signal Processing Toolkit LabVIEW Model Interface Toolkit LabVIEW FPGA Compile Farm Toolkit LabVIEW FPGA Compilation Tools Vision Development Module LabVIEW Desktop Execution Trace Toolkit LabVIEW SoftMotion Module LabWindows/CVI PID Control Toolkit LabWindows/CVI Real-Time Module LabWindows/CVI Signal Processing Toolkit LabWindows/CVI SQL Toolkit

Drivers

NI-Industrial Communications for Ethernet/IP Device Drivers

TestStand LabVIEW Datalogging and Supervisory Control Module

Switch Executive LabVIEW Unit Test Framework Toolkit LabVIEW VI Analyzer Toolkit

Additional Tools LabVIEW Digital Filter Design Toolkit TestStand ATML Toolkit LabVIEW Advanced Signal Processing

Toolkit Vision Development Module

Included Discontinued Software LabVIEW Desktop Execution Trace Toolkit LabVIEW DataFinder Toolkit LabWindows/CVI Signal Processing Toolkit NI SignalExpress NI Motion Assistant

Six hundred and thirty training credits (630) are required for the length of the EA contract. The base period year will include 210 credits and each additional year option will include 210 credits.

Credits from the base year and option period one will rollover to the next year.

Course training will be readily available online (without any use of training credits), virtually and potentially on site at MSFC. The following is a list of training courses required for the EA.

Course Name

Public Classroom Training Credits

Public Virtual

Training Credits

Private Classroom Training

Credits (up to 12 students*)

Private Virtual Training Credits (up to 12 students*)

Actor-Oriented Design in LabVIEW 9 9 60 60

Advanced Architectures in LabVIEW 9 9 60 60

Architecting Test Systems Using TestStand 6 6 40 40

Data Acquisition Using NI-DAQmx and LabVIEW 6 6 40 40

Data Acquisition Using LabVIEW

NXG 6 N/A 40 N/A

DIAdem Advanced 6 6 40 40 DIAdem Basics 9 9 60 60

Developing Test Programs Using TestStand 9 9 60 60

Embedded Control and Monitoring using LabVIEW 15 N/A 100 N/A

NI FlexRIO 3 N/A 20 N/A

High-Throughput LabVIEW FPGA 9 N/A 60 N/A

LabVIEW Connectivity 6 6 40 40 LabVIEW Core 1 9 9 60 60 LabVIEW Core 2 6 6 40 40 LabVIEW Core 3 9 9 60 60 LabVIEW NXG Core 1 9 9 60 60 LabVIEW NXG Core 2 6 6 40 40

LabVIEW Instrument Control 6 N/A 40 N/A

LabVIEW Machine Vision 9 N/A 60 N/A

LabWindows/CVI Core 1 9 9 60 60

LabWindows/CVI Core 2 6 6 40 40

MATRIXx Basics Course 6 N/A 40 N/A

Managing Software Engineering in LabVIEW 6 6 40 40

Multisim Basics 6 6 40 40

Object-Oriented Design and Programming in LabVIEW 6 6 40 40

RF IC Device Test with

STS

6 6 40 40

Test Code Module Development with

STS 9 9 60 60

Test Program Development with STS 9 9 60 60

Transitioning to LabVIEW NXG 6 6 40 40

Ultiboard Basics 3 3 20 20

Using NI InsightCM™ Enterprise for Condition Monitoring 6 6 40 40

HIL Fundamentals using Veristand 9 9 60 60

Level 2 (L2) Enterprise Support entitles the customer access to the software support on the timelines and through the avenues set forth below.

1. Self-service support case submission via ni.com is available 24 hours per day, 7 days a week, 365 days a year. The Customer can also initiate the case submission by Phone calling to a designated call-in number during the schedule of 12 hours a day, 5 days a week (“Extended Local Business Hours”).

2. Technical Support initial response will be provided by a Technical Support Representative or a Technical Support Engineer with the intention of clarifying the Customer’s questions and obtaining necessary trouble-shooting data from the Customer and/or recommending possible solutions to the Customer problem or offer the respective troubleshooting steps (“Technical Support Initial Response”). Technical Support Initial Response will be within 4 business hours from case submission and provided during Extended Local Business Hours.

3. Customers will have access to online communities, discussion forums, and Knowledge Bases.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition for acquisitions using the procedures in FAR subpart 13.5 is 41 U.S.C. 1901.

5. FAR 6.303-2(b)(5) – A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The rationale supporting the use of 41 U.S.C. 1901 is Only one responsible source and no other supplies or services will satisfy agency requirements as described below.

LabVIEW software has been used at NASA MSFC for several decades, since approximately 1987, for analyses related to liquid engine propulsion systems support, solid propulsion systems support and nuclear systems analysis. Ensuring the continued accuracy, reliability and compatibility of all elements of these analysis systems is of the utmost importance. Risking changes that are not compatible are deemed unacceptable risks.

Most recently, this requirement was fulfilled through a sole source award to National Instruments covering the period 2021-2024. Though the requirement has been fulfilled by NI for decades as indicated above, it has occasionally been provided prior to 2018 through NI re-sellers. Given the nature of the NASA MSFC NI EA requirements, NI will be required to provide the vast majority (at least 95%) of the software licensing, specific training, and support for this requirement.

The LabVIEW code is proprietary and a source of the salient characteristics is not available to the Government; therefore, the information to develop a package for full and open competition is not available.

FAR 6.303-2(b)(6) – A description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

A notice to the Government Point of Entry (GPE) website (Sam.gov) was published on in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to NI. The results of this synopsis are summarized in Section 10 below.

FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable.

FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, ora statement of the reasons a market research was not conducted:

Market research was conducted through discussions with technical experts within the MSFC Engineering Directorate in May 2024. This research indicated that the EA has historically been provided by NI, or by an NI re-seller, with the vast majority of support coming from NI.

Technical experts confirmed that the requirement is consistent with previous requirements provided by NI. Additionally, the Government conducted market research to determine the nature of NI’s relationship with its re-sellers via a phone discussion in July 2021. NI representatives confirmed that the NASA MSFC NI EA requirement is comprised of NI proprietary software licenses and NI-specific support. Though NI re-sellers can provide additional support and added value on other NI products and services, the products and services required through the NASA MSFC EA would require NI to provide the vast majority of the support identified. As a result of this market research, the Government has determined that NI is uniquely capable of continuing to provide the required EA capability.

FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

Given the nature of the MSFC EA, NI will be required to provide greater than 95% of the requirements within the EA, including the infinite and finite license key files, software, training, and support mechanisms. Using a re-seller for this purpose would provide no value added to the requirement. Further, soliciting competition for this requirement among small businesses, or a subset thereof, would be an inappropriate approach, as the Government has determined through market research that a small business re-seller would not be able to provide at least 50% of the work required, therefore violating set-aside subcontracting limitations.

FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

A notice of NASA’s intent to award this sole-source action was synopsized on the GPE Website (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above). The presolicitation notice synopsizing NASA’s intent to sole source this award was posted on

, source requesting consideration was not found by the Contracting Officer to be among the authorized resellers/ distributors on the NI website for the required products/services. NI verified on July 1st, 2024 that the source requesting consideration is not an authorized reseller or distributor of the required products/services.

FAR 6.303-2(b)(11) – A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.

NATIONAL INSTRUMENTS ENTERPRISE AGREEMENT RENEWAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Joseph Butler/ED10 Technical Representative

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

CONCURRED:

Wade S. Amis PS22 Branch Chief

APPROVED:

Hervie B. Williford PS20 Division Director

Joseph Butler Digitally signed by Joseph Butler Date: 2024.06.18 13:39:34 -05'00'

WADE AMIS

Digitally signed by WADE

AMIS

Date: 2024.07.01 12:20:56 -05'00'