3 Sole Source Mass Spectrometer Redacted.pdf

Version 1.0

Source Selection Information – see FAR 2.101 and 3.104

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a)

PR NRMJ3000-20-00543

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) and Earth System Research Laboratory (ESRL), Chemical Sciences Division (CSD)

2. Nature and/or description of the action being approved.

This is a sole source justification for a new requirement. The Government intends to award a firm-fixed price contract to Aerodyne Research, Inc.

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

One (1) chemical ionization high-resolution time-of-flight mass spectrometer (HRTOF) to support airborne trace gas measurement program.

Total expected cost is expected to be , including for shipping charges.

Delivery is required no later than 9 months after receipt of order.

4. Statutory authority permitting the sole source (including brand name) acquisition.

41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source – Only one source is capable of providing the supplies required at the level of quality required because the supplies are unique or highly specialized.

The Aerodyne Research, Inc. HRTOF has a proprietary reagent ion source Vocus, which is a ion molecule reactor that operates at reduced pressure with multi-frequency RF ion focusing.

Using any other HRTOF without the Vocus performance would not meet the benchmarks of the research.

6. Description of 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 FAR Subpart 5.2 and, if not, which exception under FAR

5.202 applies.

The Western Acquisition Division solicited available capabilities from industry for the required equipment through notification on the current Government Point of Entry (GPE) Contracting Opportunities Section of Beta.SAM.gov. The synopsis was posted on 3 April 2020 ending 20 April 2020. Zero responses were received and the Western Acquisition Division determined that adequate competition to provide the required equipment was not available.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on price analysis techniques listed at FAR 13.106-3(a)(2)(i). Prior to award of the proposed contract, price information shall be obtained from the contractor and a price analysis will be performed and documented to determine sufficiently that the cost to the Government of the proposed acquisition will be fair and reasonable. The proposed price will be compared to the Independent Government Cost Estimate (IGCE). In addition, the Government anticipates receiving prices paid for previous Government purchases. Finally, listed catalog pricing will be requested from the contractor for comparison. These three

(3) reasons lead the contracting officer to believe that fair and reasonable labor rate prices will be obtained for this requirement.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted to see if other brands of mass spectrometers would fulfill this requirement. Three companies offering flight-proven mass spectrometers were considered in the market research: THS Instruments (Atlanta, GA), Ionicon Analytik (Innsbruck, Austria), and Aerodyne Research (Billerica, MA). THS instruments does not meet the technical specifications, as they do not sell HRTOF mass spectrometers. Ionicon Analytik does not meet the technical specifications, as they do not offer negative mode, chemical ionization flow tube sources that operate at the required sampling pressures with ppt level detection. Aerodyne Research meets all the technical specifications.

9. Any other facts supporting the use of a sole source (including brand name), such as:

All facts have been documented in the above sections. There are no additional facts to be reported in this section.

10. List of the sources that expressed a written interest in the acquisition.

No sources indicated an interest as a result of the synopsis posted to the Contracting Opportunities Section of Beta.SAM.gov on 3 April 2020, ending 20 April 2020.

11. A statement of the 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 ESRL/CSD is constantly researching alternative equipment manufacturers for future projects that would allow competitive procedures. Through research with industry partners, as well as colleagues performing similar research projects, ESRL/CSD will attempt to bring multiple instruments to market that would be able to fulfil any similar requirements.

Source Selection Information – see FAR 2.101 and 3.104

12. Technical/Requirements Representative Certification

I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Angela Nyul Date Contracting Officer’s Representative

12. Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief. For justifications >$150K up to $700K, my signature also serves as approval of the justification.

Mark E. Caban Date Contracting Officer

13. Office of General Counsel Concurrence

Concur

Rebecca Bailey Jacobsen Date Office of General Counsel

NYUL.ANGELA

.R.1185641208

Digitally signed by

NYUL.ANGELA.R.1185641208

Date: 2020.04.23 08:28:10 -06'00'

CABAN.MARK.E.1365831730 Digitally signed by CABAN.MARK.E.1365831730 Date: 2020.04.23 11:14:14 -06'00'

REBECCA JACOBSEN

Digitally signed by REBECCA JACOBSEN DN: c=US, o=U.S. Government, ou=Department of Commerce, ou=Office of the Secretary, cn=REBECCA JACOBSEN, 0.9.2342.19200300.100.1.1=13001003519800 Date: 2020.04.23 14:34:10 -04'00'