1._JOFOC_Inficon_Redacted.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. This justification for other than full and open competition is prepared by the

National Aeronautics and Space Administration (NASA), John F. Kennedy Space

Center (KSC).

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 with Inficon, Inc., for the acquisition of Inficon Transpectors with related hardware, software and support services.

3. A description of the supplies or services required to meet the agency’s needs.

NASA KSC is procuring MPH200 Transpectors; BCG450 ATM Triple Gauge sensors;

Spare MPH100 Ruggedized Transpectors; Electrometer Assemblies; and related hardware, software and spare components. This acquisition will also include design, calibration testing, training and technical support for the entire period of performance.

The estimated value of this action is

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5 – Simplified

Procedures for Certain Commercial Items, which permits contracting for commercial items on a sole source basis (including brand-name) when the need to do so is justified in writing.

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

Inficon is the only responsible source and no other supplies or services will satisfy agency requirements. Pursuant to 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, this requirement is deemed to be available only from Inficon. Due to the highly specialized nature of the equipment, it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. This requirement is a follow-on to 80NSSC18P3128.

A 2016 NASA a mass spectrometer trade study for the Regolith & Environment Science and Oxygen & Lunar Volatile Extraction (RESOLVE) program. The purpose of the trade study was to determine the most advantageous instrumentation for the Government’s

Lunar Advanced Volatile Analysis (LAVA) subsystem. Two commercial off-the-shelf

(COTS) products were evaluated, OI Analytical (OIA) Magnetic Sector (MS) Mass

Spectrometer and Inficon Transpector MPH. Both products met the minimum requirements of scan rate and detection of water at the scan rate. The Inficon Transpector

80KSC019P0020 Page 2 outperformed the OIA MS in all of the engineering categories to include complexity, risk and cost. Inficon received positive outcomes for electrical, thermal, and mechanical interfaces as well as ability to modify the COTS product. A considerable risk was found with OIA product longevity due to discontinuation of the OIA MS instrument as a COTS product. The OIA commercial product line was discontinued as of the date of the trade study. Finally, the cost of OIA product was much higher than the Inficon Transpector.

NASA KSC currently utilizes three Inficon spectrometers which are all controlled through a single software solution. Only Inficon products will be able to be fully integrated to the existing hardware and software for operational conformity. No other

COTS product is compatible with the current user interface system.

6. A description of the efforts made to ensure that offers are solicited from as many potential sources as is 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.

NASA will publicize the Combined Solicitation/Synopsis on the Governmentwide Point of Entry, https://www.fbo.gov in accordance with FAR Subpart 5.2. The part descriptions will be listed in the solicitation to provide any potential source the opportunity to respond. Any responses received as a result of the Combined

Solicitation/Synopsis will be appropriately dispositioned and documented in an addendum to this document.

7. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

It is anticipated that the Contracting Officer will be able to make a fair and reasonable price determination based upon one or more of the criteria set forth in FAR 13.106-

3(a)(2). The Contracting Officer anticipates making a comparison to historical prices paid for the same or similar items (13.106-3(a)(2)(ii)) based upon prior NASA purchases.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Current market research was not conducted as this is a sole source acquisition of highly specialized equipment. A review of the market research conducted for 80NSSC18P3128 and the 2016 trade study was completed. The current Inficon product was the result of a sub-contractor small business innovative research award. The technical representative also indicated that NASA has contacted numerous vendors, but none have been able to provide a product that meets the Governments requirements.

9. Any other facts supporting the use of other than full and open competition.

The support related to the circuit design and firmware for the instrument control are proprietary. The hardware, firmware, software and other components procured through this action has undergone systematic and certifiable testing to determine and obtain the

80KSC019P0020 Page 3 current hardware as NASA flight-rated hardware. Since there are no current other COTS products, it is not possible to select another source at this time. Based upon the Small

Business Innovation Research (SBIR) process and the development of the Inficon product line, it is not reasonably foreseeable that another company could provide for this requirement within the deliverable time requirements of this acquisition.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other company expressed interest from the previous contract and none is anticipated for the current acquisition. If a company responds to the Combined

Solicitation/Synopsis, the technical representative will be notified and the response will be appropriately assessed. No other company responded to the prior NASA posting for these products.

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.

NASA will continue to reach out to the commercial marketplace for possible vendors.

However, it is unlikely that another vendor with the technical expertise and flexibility to make flight-rated hardware modifications will be available for purchases in the next several years. The technical team will remain in contact with industry partners in hopes of allowing other companies the opportunity to develop Transpectors and spectrometers that have the potential to be modified for space flight.