80GSFC24CA036 (EM27) - JOFOC.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Goddard Space Flight Center (GSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For EM27/Sun Instruments and IFS 125HR System

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) GSFC.

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is GSFC.

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 with Bruker Corporation for the purchase of 14 Bruker EM27/Sun Instruments as well as the purchase of a single Bruker Infrared Fourier Spectrometer (IFS) 125HR system.

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):

NASA has been tasked by OMB (Office of Management and Budget) with hosting the interagency Green House Gas (GHG) coordination center at NASA’s GSFC. The effort is in support of the Greenhouse Gas Measurement and Monitoring Interagency Working Group (GHG IWG). As NASA expands into this area, direction has been received from NASA Headquarters to establish a network of ground-based GHG observing instruments. An example would be the new opportunity in ROSES (Research Opportunities in Space and Earth Science): A.58 Increasing Participation of Minority Serving Institutions (IPMSI) in Earth Science Division Surface-Based Measurement Networks. This new program leverages two existing international networks, the Collaborative Carbon Column Observing Network (COCCON) and the Total Carbon Column Observing Network (TCCON). The success of COCCON and TCCON relies on obtaining reference measurements that adhere to stringent scientific standards defined by the networks. To meet NASA’s requirement to establish a new network under the guidelines defined by TCCON and COCCON, NASA will purchase14 Bruker EM27/Sun instruments which are consistent with international COCCON requirements and 1 Bruker IFS 125HR system, consistent with international TCCON requirements.

Acquiring this instrument model ensures identical reliable performance with only minor modifications to meet the specific research configuration requirements of the Government.

Each EM27/SUN spectrometer is checked and calibrated with respect to the COCCON spectrometer requirements in Karlsruhe, Germany before delivery to the end users. The quality assurance/quality control (QA/QC) includes a general check of the instrumental performance. This encompasses verifying correct optical alignment, conducting laboratory open-path measurements to determine instrumental line shape (ILS) parameters, and performing side-by-side measurements of atmospheric spectra alongside the high resolution spectrometer Bruker IF125HR to establish residual instrument-specific calibration factors for each species. In order to be part of the global COCCON and TCCON networks, each instrument must be identical to allow for that instrument to be part of the common processing chain.

The establishment of a new scientific network dedicated to GHG requires having a large number of identical instruments that have been vetted by the scientific community in open, peer-reviewed literature. This includes both trace gas observing (e.g. the Bruker EM27/Sun system and or the Bruker IFS.125HR system) and the accompanying meteorological standard met station and high precision surface barometric pressure instrumentation. Having identical, validated, Bruker intercalibrated instrumentation that is not only consistent with the existing NASA TCCON network but that is also widely accepted scientifically as the benchmark reference measurement will result in the most efficient solution in terms of cost and time, as explained in section 5 below.

The current expected period of performance is 52 weeks after the contract award, with an estimated dollar value of $2,799,578.30.

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 is 10 U.S.C. 3204(a) (1), as implemented by FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

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 10 U.S.C. 3204(a)(1) is that a sole-source award to Bruker Corporation is necessary due to the nature of the supply to be purchased, as described below.

To successfully meet the requirement, it is essential to have a validated measurement capability that aligns with the TCCON instrument to accomplish the mission outlined in section 3 above. To date, there is only one known provider of instruments meeting NASA’s requirements. There is currently no other known manufacturer offering an alternative instrument that matches the same level of quality, portability, and adherence to the required standards as the Bruker EM27/Sun system.

Only the Bruker instruments possess the requisite capabilities and ensure uniform, validated instrumentation that meets the required standards:

The required instrument capable for COCCON is the Bruker EM 27/Sun Instrument;

The required instrument capable for TCCON is the Bruker IFS 125HR system.

Moreover, Bruker offers the most cost-efficient solution to the Government as its data align with publicly available retrieval algorithms developed and maintained by the network. The expense associated with adapting to a new instrument (if one were to exist) would be high, and require multiple years of research, development, and labor to establish performance against existing standards and to devise customized retrieval algorithms suitable for a different instrument.

6. 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 January 17, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to Bruker Corporation. The results of this synopsis are summarized in Section 10 below.

7. 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 cost or price analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. In accordance with FAR 15.4, the Contracting Officer will utilize an independent government cost estimate to conduct cost analysis, cost realism analysis, and cost reasonableness analysis, ensuring that the proposed cost is fair and reasonable.

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

A Request for Information (RFI) and a draft Statement of Work (SOW) were posted on the Government Point of Entry (GPE) Sam.gov on December 11, 2023. Any comments or questions regarding the RFI were required to be submitted to the Government by December 27, 2023. This submission served as an invitation to provide feedback on the Government's acquisition plan and to allow industry the opportunity to verify reasonableness and feasibility of the requirement, as well as promote competition. No responses were received.

Following an internet search, it was determined that no other vendors were available who could provide instruments meeting the specified requirements outlined in the SOW.

Additionally, the Government thoroughly reviewed and analyzed the nature of this requirement, along with standard industry practices for the instruments. This evaluation included input from requesters and other knowledgeable individuals with expertise in these instruments.

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

None

10. 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 (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). The synopsis was posted on January 17, 2024, and closed on February 01, 2024. The Government received 4 responses as summarized below:

POTENTIAL

OFFEROR

NAICS CODE

334516

CAPABILITES

KPAUL PROPERTIES

LLC

No No

BI-RITE GLOBAL LLC No No

CAYUSE FEDERAL

SERVICES LLC

No No

TSI FEDERAL LLC No No

None of the four potential offerors who responded to the synopsis had a North American Industry Classification System (NAICS) code of 334516 that matched the requirement listed in their active Reps and Certs. Furthermore, none of the responses provided any detailed information regarding qualifications pertaining to the instruments outlined in the Synopsis and therefore were deemed non-responsive. As a result, it was determined that all offerors failed to adequately demonstrate the technical capabilities necessary to fulfill the entire requirement.

11. 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.