JOFOC 80TECH23Q0018 - Thunder Scientific_Redacted.pdf
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This document contains a justification for other than full and open competition (JOFOC) and a notice of intent to award a sole source contract. The National Aeronautics and Space Administration (NASA) Kennedy Space Center (KSC) intends to award a sole source contract to Thunder Scientific Corp. for one Thunder Scientific Model 9500 Automated Humidity Generator. The generator will replace an existing Thunder Scientific Model 9000 unit that is end of life and beyond repair. Only the Thunder Scientific Model 9500 meets NASA's requirements for maximum uncertainty values of 0.17% of reading plus 0.016 relative humidity. Thunder Scientific Corp. is the original equipment manufacturer and sole distributor of the Thunder Scientific Model 9500. The notice allows interested parties to submit statements of capability by June 2, 2023, but makes clear no cost reimbursement will be provided.
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Rev.:1/2023
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Kennedy Space Center (KSC)
JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
(JOFOC)
For Thunder Scientific Automated Humidity Generator
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) Information Technology Procurement Office
(ITPO)
The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Kennedy Space Center (KSC).
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 to Thunder Scientific Corp. for the acquisition of one (1) Thunder Scientific Model 9500 (Series 9000) Automated Humidity Generator to replace the current existing Thunder Scientific Model 9000 that is end of life.
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):
This acquisition is to procure one (1) Thunder Scientific Model 9500 (Series 9000) Automated Humidity Generator to replace the current existing Thunder Scientific Model 9000 that is end of life and beyond repair. The generator can provide National Institute of Standards and Technology (NIST) traceable humidity values for calibration of humidity measuring values. Since this calibration reference standard will be utilized to calibrate humidity devices across NASA Kennedy Space Center, the accuracy of the instrument must be an order of magnitude more accurate than the devices under test. Only a humidity generator capable of meeting a maximum uncertainty value of 0.17% * Reading + 0.016 RH will meet this requirement. The estimated cost of the requirement is .
4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:
Authority for the Justification for Other Than Full and Open Competition is provided by 41 U.S.C. 1901, Simplified Acquisition Procedures, as implemented by FAR 13.501(a). Only one responsible source and no other supplies or services will satisfy agency requirements (10 U.S.C. 2304(c) (1)). This justification is based on Thunder Scientific Corp being the only source and no other supplies will satisfy agency requirements. This JOFOC complies with the special documentation requirements of FAR 13.501(a)(1)(ii).
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. 2304(c)(1) is Thunder Scientific Corp. is the sole source provider for this requirement as described below.
The current Thunder Scientific Automated Humidity Generator is utilized on the Laboratory Support Services and Operations (LASSO) II contract and the Technical Staff at the Calibration Lab conducted extensive internal market research and determined that other equipment brands are not at the Thunder Scientific Humidity standard.
The Thunder Scientific Model 9500 Humidity Generator is a system capable of producing humidity based on National Institute of Standards and Technology (NIST) proven "two-pressure" principle for calibration of humidity measuring devices. The Thunder Scientific Model 9500 is capable of continuously supplying reference humidity values and will be utilized to calibrate humidity measuring devices across Kennedy Space Center. System requirements include:
• Maximum uncertainty values of 0.17% * Reading + 0.016 RH
• Traceable to NIST standards
Additionally, procuring another manufacturer’s brand would require developing new processes, procedures, and calibration documentation. These new measures would result in cost, data entry, and schedule delays.
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:
This requirement will be synopsized and posted on SAM.gov in accordance with FAR
5.201. Synopsis results will be included in the official contract file. Based on the authority cited in paragraph 4, it is concluded that our minimum needs are only reasonably available from the selected source. NASA will continue to look for opportunities to open up competition for this requirement and will monitor the marketplace for potential competition in the future.
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:
Before making award, the Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in Federal Acquisition Regulation (FAR) Subpart 13.106-3 - Award Documentation. This procurement is for a commercial item.
Thus, the price can be determined fair and reasonable based on a comparison of the established market price, historical pricing, and current price lists. National Aeronautics and Space Administration (NASA) has historical contract information from previous awards with Thunder Scientific Corp. and there are no anticipated issues that would circumvent a fair and reasonableness during the proposal evaluation process prior to contract award.
8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons a market research was not conducted:
Market research was performed by the Contract Specialist to determine other viable contractors to fulfill the requirement. The market research on NASA SEWP and GSA for Automated Humidity Generators search yielded no results. On 05/12/2023 a Request for Information (RFI) under solicitation number 80TECH23Q0018 was posted on SAM.gov with the intent of determining contractor interest and capabilities for the purchase and installation for the Brand Name of Equal to the Thunder Scientific Model. There were no responses at the close of posting on 05/18/2023. Thunder Scientific Corp is the Original Equipment Manufacturer (OEM) of the Thunder Scientific Model 9500 (Series 9000) Automated Humidity Generator and the only distributor for the equipment. Market research conducted by the Government verifies this.
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:
As Thunder Scientific Corp. is the only provider and seller of the Thunder Scientific Model
9500 (Series 9000), there are no other sources for this product.
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:
No subsequent acquisitions are planned at this time.
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