JEFO (Final -Signed ).pdf

Justification for an Exception to Fair Opportunity Purchase Request No. NB187000-25-00310

I. Contracting Activity.

U.S. Department of Commerce National Institute of Standard and Technology (NIST) Office of Acquisition and Agreements Management Acquisition Management Division 100 Bureau Drive MS 1640 Gaithersburg, MD 20899

II. Nature and /or Description of the action being approved.

This is a brand name requirement to procure NI (formerly National Instruments) LabVIEW Control Plus Software Bundle license maintenance, technical support and product upgrades.

III. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The NIST computing infrastructure supports a number of commercial scientific and mathematical computing software products that are centrally managed by the Office of Information Systems Management (OISM). The NI Control Plus Software Bundle requires license maintenance, technical support, and product upgrades.

The NI LabVIEW Professional Development System is the critical foundation of the NI Control Plus Software Bundle. The Control Plus Bundle is an application development system with 797 installations under NIST’s current NI Control Plus Software Bundle. This software assists NIST users with instrument control, data acquisition, data analysis, and data presentation projects that serve the missions of NIST’s various laboratories and the agency.

The period of performance is for a base period of one year, beginning on February 12, 2025, plus two one-year options.

The estimated cost of this requirement is $1,645,704, including options.

IV. Identification of the exception to fair opportunity FAR 16.505(b)(2) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.

FAR 16.505(b)(2)(i)(B)

NI LabVIEW Control Plus Software Bundle is the only data acquisition software that NIST has identified through market research that meets NIST requirements - the combination of a graphical programming environment with instrument communication, high level data analysis including matrix math, 3D display capability, direct compatibility with MATLAB m-script, and use of specialized module capabilities required by NIST users. Modules such as VISION capture and analysis, Microsoft Office Report generation tools, proportional integral derivative (PID) control, digital filter design, and an executable compiler that allows unlimited non-fee code distribution, are essential components used across NIST in many laboratory automation programs.

Renewing NIST’s current NI LabVIEW Comp Bundle license maintenance, technical support and product upgrades will allow numerous important NIST programs to continue without interruption. To rewrite mission critical control/data acquisition (DAQ) code in another language, even if possible, would halt critical calibration services for temperature sensors, liquid and air flow sensors, and laser power/energy meters. Custom LabVIEW applications control several popular NIST Standard Reference Instruments that have been sold and deployed throughout the world. Due to code complexity and the NIST required re-validation for any primary standard calibration system following a major hardware or software change, services could easily be off-line for 6 months or more. Therefore, it is imperative that NIST renew its current NI LabVIEW Control Plus Software Bundle license maintenance, technical support and product upgrades.

This brand name acquisition will be competed among authorized resellers of NI LabVIEW Comp Bundle license maintenance, technical support and product upgrades on the NASA Solutions for Enterprise-Wide Procurement (SEWP) V multiple award Governmentwide Acquisition Contract.

V. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The NASA SEWP V Contracting Officer has already determined prices for the required products and services to be fair and reasonable. No separate fair and reasonable pricing determination is required.

VI. Any other facts supporting the justification.

The Contract Specialist posted a Sources Sought Notice on the System for Award Management (SAM) on November 25, 2024 with a closing date of December 3, 2024 in search of alternative solutions. The CS received five responses. Based on those responses, NIST assessed that none of the five vendors are capable of meeting NIST requirements without NIST having to perform years of restructuring for several hundred labs across NIST, thus causing a major disruption to ongoing laboratory operations.

VII. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

NIST will ensure that appropriate market research is conducted before any subsequent contracting actions for the required licenses and related support are undertaken, and that any restrictions to competition are adequately documented and supported before undertaking the acquisition.

VIII. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

The Contracting Officer signifies, by signing this justification, that this justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief.

IX. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

The signature of the Contracting Officer Representative at the bottom of this document is evidence of their certification that the basis for this justification is accurate and complete.

X. A written determination by the approving official that one of the circumstances in (b)(2)(i)(A) through (E) of this section applies to the order.

Signatures

Romain Tweedy Contracting Officer’s Representative, NIST

Monica H. Brown Contracting Officer, NIST

Joshep Widdup Competition Advocate, NIST

Digitally signed by AARON

TWEEDY

Date: 2024.12.16 08:07:19 -05'00'

Monica H. Brown Digitally signed by Monica H.

Brown Date: 2024.12.17 10:10:35 -05'00'