JOFOC_ESEM_Redacted.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Information Technology Procurement Office

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Environmental Scanning Electron Microscope (ESEM) and Associated Detectors

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 Information Technology Procurement Office (ITPO).

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 FEI Company for a Thermo Fisher Quattro S Environmental Scanning Electron Microscope (ESEM) and its associated detectors. The ESEM has the ability to utilize additional vacuum modes to allow analysis of materials sensitive to a hard vacuum such as plastics, ceramics, and biological materials. The ESEM enables the analysis of any sample, without alteration, that is critical to the failure analysis role and the support of flight safety.

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):

Full analytical capability replacement of the Materials Diagnostics Laboratory’s (MDL) existing 19-year-old ESEM is critical to support continuity for Agency spaceflight safety and failure analysis activities. This instrument integrates a combination of a high-resolution field emission electron source, a large chamber and stage, a variable operational chamber pressure that ranges from high vacuum to 30 Torr under a partial pressure of water vapor, and elemental and crystallographic detectors. The estimated value for the ESEM and associated detectors is

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 for acquisitions using the procedures in FAR subpart 13.5 is 41 U.S.C. 1901, 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 FAR subpart 13.5 is 41 U.S.C. 1901 is that FEI Company is the sole source provider for the Quattro S Environmental Scanning Electron Microscope (ESEM) and its associated detectors needed for this requirement described below.

The ESEM can analyze as-received materials under chamber environmental conditions no other electron microscope model can provide. This is critical for collection of analytical data without sample damage or alteration. The ESEM allows accurate analysis of electron beam and vacuum sensitive materials such as plastics, ceramics, biological materials, geological materials, corrosion products, and hydrated chemical compounds. Historically, this capability has been critical in solving high visibility spaceflight safety related failure analysis issues. The flexibility of the ESEM has also been employed in International Space Station flight experiment analysis and materials development for the next generation aerospace vehicles.

Utilizing an electron microscope, with less capability, would result in increased analytical uncertainty that would require program acceptance of increased flight safety risk.

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 May 3, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to FEI Company. 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 quote analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. The quoted costs will be evaluated for fairness and reasonableness by comparing the quoted costs to historical information for similar products from previous contracts and based on other information that is available regarding current market prices. The Contracting Officer will ensure inputs form the Contracting Officer’s Representative and/or technical representatives are incorporated, as well as other information that may be available to the Government at the time of receipt of the contractor’s quote.

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:

The Quattro S ESEM was developed by Thermo Fisher Scientific Corporation. During the market research conducted on April 16, 2024, it was found that Thermo Fisher Scientific Corporation is the parent company of FEI Company.

Market research was conducted on GSA e-Library, SEWP, industry articles, and vendor websites. Multiple vendors were found regarding ESEMs, but it was not definitive if they could provide the ESEM or parts. Due to the uncertainty regarding the information found, a Request for Information (RFI) was posted to SAM.gov, SEWP, and GSA on April 22, 2024.

The RFI was posted for five (5) days to allow vendors to respond if they had the capability to fulfill the requirement. At the close of the RFI posting on April 22, 2024, only one positive response was received which was from FEI Company. A revised RFI was posted to GSA on May 14, 2024, due to updating the NAICS code. This RFI closed on May 17, 2024, with zero responses. The Contract Specialist conducted extensive market research and determined that no other vendor has the capability to fulfill the requirement of the ESEM and its associated detectors and recommends sole sourcing to FEI Company.

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 May 3, 2024, and closed on May 20, 2024. No companies responded to the synopsis.

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:

In order to remove or overcome barriers to competition in the future acquisitions for this requirement, Marshall Space Flight Center (MSFC) will continue to utilize the SEWP online Market Research Tool to assist in the market research process and assess industry capability to meet compatibility and performance needs for future ESEM requirements. However, MSFC does not anticipate any significant changes to the requirements that would allow the increase of fair opportunity in the near future.