JOFOC for GD-OE Spectrometer_80KSC022Q0007_redacted.pdf

Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Glow Discharge Optical Emission Spectrometer (GD-OES)

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) Kennedy Space Center (KSC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is John F. Kennedy Space Center.

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 for the acquisition of one (1) Glow Discharge Optical Emission Spectrometer (GD-OES). The instrument will include operating software, extended warranty, and incidental training and installation services. The recommended source of supply is LECO Corporation. 3000 Lakeview Ave., Saint Joseph, Michigan 49085-2319. The proposed action will be a firm-fixed price contract.

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):

The instrument will be used in support of the NASA Investigative Chemistry Laboratory, NASA KSC Analytical Laboratories Branch. The NASA Investigative Chemistry Laboratory requires one (1) Glow Discharge-Optical Emission Spectrometer in order to identify, assess, and understand unknown materials and contaminants which pose a risk to the safety of NASA’s aerospace flight systems.

The LECO Glow Discharge Optical Emission Spectrometer (GD-OES) is the only instrument found in the open market to capable to perform simultaneous acquisition of full spectrum extending from 120 to 850 nm with solid state detectors (SSD). The LECO GD-OES can conduct both bulk and compositional depth profiling analyses and is flexible to add/activate new spectral lines between 120 nm and 850 nm. The proposed instrument is also capable of analyzing samples with direct current, radio frequency, and pulsed radio frequency power with a single glow discharge lamp and is capable of compositional depth profiling calibrations based on sputter-rate library without the use of any additional measurement accessory (no profilometer is required for accurate analysis).

The instrument will be used to determine bulk metal alloy chemistry, for identification of unknown materials, verification of material conformance and re-certification of materials.

Additionally, the proposed instrument can be used to understand coating/surface chemistry and measuring a coating thickness. Additionally, the proposed equipment is unique in that it does not have multiple Photomultiplier Tube (PMT) detectors; instead, it has a more robust solid-state detector (SSD). As a result, the proposed equipment generates the following accurate and complete data forms: spectra evaluation, and numerical tables. Current equipment in the commercial marketplace is low grade, or plasma systems which are not stable (poor reproducibility).

The LECO GD-OES will provide NASA KSC with the following additional capabilities:

Minimum sample preparation required (sample needs to be flat) Allow for exceptionally small sampling volume (2 and 4-mm diameter X ~100μm) Rapid (2/minutes per analysis) Easy to use (not labor intensive) Unlike other techniques, such as inductively coupled plasma (ICP), x-ray fluorescence (XRF) and combustion that give comparable result, this technique does not require an acid dissolution process (no acid waste generated), does not emit hazardous x-ray radiation and the sample preparation is less labor intensive

A “one-stop-shop” technique capable of analyzing the required elements, including low atomic elements such as lithium, boron and carbon

Accurately identifying unknown materials, verifying conformance and re-certification of materials are critical to NASA’s aerospace flight systems for effective risk and safety assessment and analysis. The proposed instrument will provide bulk and depth profiling capabilities and enhance the NASA Investigative Chemistry Laboratory’s capabilities to provide accurate and efficient mission support. The estimated value of the proposed instrument, software, installation, and training 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 is 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302-1 which permits contracting without providing for full and open competition when the supplies or services needed by the Agency are available from only one responsible source or only from a limited number of responsible sources, and no other type of supplies or services will satisfy the needs of the Agency.

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:

Pursuant to FAR 6.302-1(b)(1)(ii), the agency’s minimum needs can only be satisfied by unique supplies that are available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities. The rationale supporting 6.302-1(b)(1)(ii) is described below.

No other supplier can provide a glow discharge optical emission spectrometer meeting the Government technical requirements described in Section 3 above. The manufacturer, LECO Corporation, is the only manufacturer and supplier of a GD-OES meeting the Government’s requirement and retails the instrument directly to consumers. Additionally, no other vendors are authorized for the sale and distribution of the proposed equipment.

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 of proposed action will be transmitted to the Government Point of Entry (GPE) website (beta.sam.gov) in accordance with FAR Subpart 5.2. Any responses received as a result of the published notice will be appropriately dispositioned and documented in an addendum to this document.

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 will 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 proposal analysis will ensure that the final agreed-to price for the contract will be 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 a market research was not conducted:

Market research was conducted in accordance with FAR Part 10, in order to assess the commerciality and determine if additional commercial sources can satisfy the Government’s requirement for one (1) LECO Glow Discharge Optical Emission Spectrometer or provide a suitable alternative meeting the Government’s technical requirement.

The Contracting Officer queried open Internet sources, Government-wide databases of contracts, and other procurement instruments intended for use by multiple agencies:

Interagency Contract Directory, Federal Prison Industries/UNICOR, and AbilityOne. Other than the manufacturer, the required supply is not offered or available from these sources.

The Contracting Officer performed a Dynamic Small Business Search and identified 60 small businesses listed under NAICS 333999 Laboratory-type, manufacturing, and spectrometers manufacturing. Additionally, 104 vendors from the GSA Multiple Award Schedule 339113LAB Laboratory Equipment were identified. All vendors were provided with the Government’s requirement for the GD-OES and requested to provide a response proposing a GD-OES meeting the Government’s requirement. The Contracting Officer did not receive any responses.

On May 18, 2022, the Contracting Officer published sources sought notice NNK22ZES004L soliciting information from potential sources for a GD-OES. The notice closed on June 1, 2022. The Contracting Officer did not receive any responses.

Based on the market research, the Government is confident there is no feasible alternative to the LECO Corporation’s Glow Discharge-Optical Emission Spectrometer. No other manufacturer or supplier can provide an instrument that meets the required capabilities or provides the required analysis data.

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).

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 vast majority of KSC services and supplies contracts are awarded after full and open competition. KSC actively promotes competition for contract whenever possible. 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.