3 SSJ NRMJ10002300569 FE.pdf

Version 3.0

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), 41 U.S.C. 1901)

PR NR-MJ1000-23-00569

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Western Acquisition Division (WAD), and the Office Oceanic and Atmospheric Research (OAR), Earth System Research Laboratories, Global Monitoring Laboratory (GML).

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

NOAA intends to award a new contract to Aerodyne Research, Inc. A sole-source firm-fixed price (FFP) contract is contemplated for award.

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

NOAA GML operates the largest air sampling network in the world to monitor the spatial and temporal distribution of greenhouse and reactive gases. The large number of samples analyzed each year, the number of parameters measured, and the scientific requirements for the best possible measurement quality put strong demands on GML’s analytical systems. GML is now in the process of significantly expanding the discrete air monitoring network and requires additional measurement capacity. To do so, a duplicate analysis system is required to double the analytical capacity and ensure redundancy in the measurement lab. The following paragraph identifies the requested supply and specifications to meet the needs of GML’s expansion.

GML has a need for a gas analyzer that simultaneously measures nitrous oxide (N2O) and carbon monoxide (CO) in 10 seconds signal averaging time with precision of 0.05 ppb or better for N2O and 0.2 ppb or better for CO, using less than 40 mL of air, and can operate under stop flow conditions. GML requires two instruments, one for discrete air measurements and one for cylinder calibrations, which can serve as backups for each other to ensure robust operations at GML laboratories. GML requires an instrument without cross-sensitivity between the simultaneous CO and N2O measurements (i.e. variations in N2O do not impact CO, and vice versa).

The total cost is expected to be $271,000.00. The award date is expected to be 15 September 2023 with a delivery date of 30 May 2024.

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

PR NR-M1000-23-00569

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:

Aerodyne is the only gas analyzer that can meet the requirements identified above in section 3 due to its precision and time response. GML operates an analytical system to measure the specific gases: CO2, CH4, N2O, SF6, H2, and CO from discrete air sample collected from a global network of sampling sites. The system uses 4 different analytical instruments to make these measurements simultaneously, with the Aerodyne being one of these instruments (measuring N2O and CO). The air samples are collected in 2.5-L glass containers and shipped to Boulder for analysis. Following analysis on the system for the six gases mentioned above, the containers are distributed to 2-3 other labs for further analysis. Thus, GML requires systems that can operate effectively on small sample sizes. The current system was designed, developed and tested for over two years before it went into service, to ensure no loss of data quality or changes in the long-term records GML and partner labs produce. The system was designed around the current best available analyzers, including the Aerodyne. GML requires an analyzer for the measurement of N2O an CO, and other N2O/CO analyzers cannot be simply dropped in as a replacement since the system requires functionality currently only available on the Aerodyne:

a) The ability to directly communicate with the instrument to allow it to synch with GML’s system.

b) High precision measurement from small volumes using a stop flow measurement only available through the Aerodyne analyzer.

c) The ability to measure N2O and CO without cross-interference (available only from Aerodyne).

Significant redesign and testing of the system is not feasible, because the scientific requirement is to operate 7 days per week, year-after-year, without significant downtime, and all analytical systems must make the highest quality measurements possible. GML collects discrete air samples from over 60 globally distributed sites. These samples arrive continuously and need to be measured and processed expeditiously to continue the sample measurements and return the collection flasks to the sites for future air collection. If the current analyzer fails and GML cannot replace it with a like analyzer the program office will have to re-design and test the modifications required for a different analyzer. This would require significant testing to ensure the changes do not impact the quality of the data produced, and would significantly impede the ability to meet obligations to monitor the atmospheric changes in greenhouse concentrations.

Aerodyne provides a single analyzer that can simultaneously measure N2O and CO in samples. It is important to realize that Aerodyne is the only company offering this measurement using a spectral region that does not have significant cross-sensitivity between these species. Most N2O/CO analyzers use spectral bands in which the N2O and CO absorption bands are overlapping. This causes extremely high or low concentrations of one component to affect the measurement of the other (GML often refer to this as cross-sensitivity). In the GML role of calibrating cylinders it is often needed to measure standards that have N2O and/or CO concentrations that are different from background atmospheric levels. This allows GML’s calibration scales to cover a wide concentration range and be used for many scientific applications.

Minimizing cross-sensitivity is critical for this application. Having common components across multiple analytical systems allows them to serve as backups for each other and increase the robustness of the measurement operations laboratory to prevent costly downtime. GML is not changing components, as they currently use an Aerodyne instrument in their measurement system.

GML requires the new analyzer to be exactly the same to allow for drop-in replacement. This will allow them to use the analyzers without extensive testing to prevent data quality loss. This analyzer has been tested and the over-all system design is ready to accommodate it.

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.

As required by FAR Subpart 5.2, the Western Acquisition Division (WAD) sought available sources for the required equipment through notification on the current Governmentwide Point of Entry (GPE). The sources sought was posted on 18 July 2023 ending 28 July 2023. One vendor responded; it was determined by both the program office and the Contracting Officer that the vendor was not technically capable of completing the requirement. The vendor provided nothing specific that indicated they are capable of meeting the requirements of the gas analyzer needed.

The program office further searched the vendor’s website, and could not find anything related to "spectrometer", "laser spectroscopy", "spectroscopy", or "nitrous oxide", or "Aerodyne", which makes such an instrument. As aforementioned, the gas analyzer required is extremely high-tech and requires substantial expertise to support. Evidence was not found that the vendor can supply such an instrument or possesses the expertise necessary to support the purchase.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer anticipates that the price(s) will be fair and reasonable based upon price analysis techniques listed at FAR 13.106-3(a)(2). The proposed price will be compared to the Independent Government Cost Estimate (IGCE). In addition, the Government anticipates utilizing prices paid under previous Government purchases for comparison. Finally, listed catalog pricing will be requested from the contractor for comparison. These three (3) reasons lead the Contracting Officer to anticipate that fair and reasonable pricing 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 using internet research and interviews with experts in the field to see if other brands of gas analyzers would fulfill this requirement. Other vendors cannot provide an instrument that is capable of meeting the required technical specifications.

Aerodyne was found to be the only firm who meets all technical specifications.

In addition, a sources sought was posted on 18 July 2023. One vendor replied to the posted Sources Sought notice; they responded with only a capability statement and failed to provide the required information. The program office determined that this vendor was not technically capable.

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.

One vendor replied to the posted Sources Sought notice posted on 18 July 2023; they responded with only a capability statement and failed to provide the required information. The program office determined that this vendor was not technically capable.

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.

GML 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, GML will attempt to locate alternate instruments brought to market that would be able to fulfill 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.

Date

Bradley D. Hall Physical Scientist, Division Lead

13. Office of General Counsel Review

Reviewed by

Jillian Stern Date Office of General Counsel

14. Contracting Officer’s Certification

I certify this justification is accurate and complete to the best of my knowledge and belief.

Bianca Meira-Penna Date Contracting Officer

Brad Hall Digitally signed by Brad Hall Date: 2023.09.07 13:32:27 -06'00'

JILLIAN STERN

Digitally signed by JILLIAN

STERN

Date: 2023.09.07 15:57:03 -04'00'

DE MEIRA

PENNA.BIANCA.HESSEE.1501045795

Digitally signed by DE MEIRA

PENNA.BIANCA.HESSEE.1501045795

Date: 2023.09.11 12:37:58 -04'00'