Oxford justification for Other than Full and Open Competition (JOFOC) PR_4200841507 Updated_signed-GD PRT_Redacted.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Marshall Space Flight Center (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Oxford Instruments Integrated AZtechHKL and AZtechLive Standard

Microanalysis Systems & Software

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.”

Description of the action being approved: This document is a justification for other than full and open competition prepared by the National Aeronautics and Space Administration (NASA) Marshall Space Flight Center (MSFC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Marshall Space Flight Center (MSFC).

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 Oxford Instruments America, Inc for Oxford Instruments Integrated AZtecHKL and AZtecLive Standard Microanalysis Systems and Software. This action is a firm-Fixed-Price Delivery order (DO) issued for Oxford Instruments America, Inc.

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 Purchase Request is for the procurement of Oxford Instruments Integrated AZtecHKL and AZtecLive Standard Microanalysis Systems and Software. The requirements are deliverable to NASA MSFC for a total estimated cost of . Requirements are outlined below.

Quantity Part # Description

1 51N1141 AZtecLive Standard Microanalysis System with Ultim Max 170 large area Analytical Silicon Drift Detector

This comprehensive Energy Dispersive X-ray Microanalysis System Includes the new 'AZtecLive' step, which enables the quick and comprehensive investigation of a sample with real-time chemical feedback plus all the tools required to perform qualitative and quantitative analysis, image capture, image-centric analysis, and X-ray spectral mapping and line scanning.

Software includes:

- Live X-ray Maps

- Live Trace

- Tru-Q analysis engine

- Point and ID

- AutoID

- Standardless quantitative analysis

- Spectral imaging

- AutoLayer element and phase visualization -AZtecTruMap

- Microsoft Office for report generation

- Additional license for off-line processing

Hardware includes:

- Ultim Max 170 - 170mm2 sensor size.

- Resolution guaranteed on Mn K - 127eV at 130,000 cps.

- Includes SATW window for detection of elements from Beryllium

- X4 Pulse Processor and Imaging Electronics - An Ethernet-based Module that provides X, Y scan generation and X-Ray acquisition and detection

- Windows 10 PC

- 27-inch Widescreen LCD display

1 51N2052

Integrated AZtecHKL system Expert with Symmetry S3

Integrated AZtecHKL is a powerful platform for EBSD that can be combined with AZtecEnergy for both independent and simultaneous EDS and EBSD analysis. Simultaneous data collection can be used in Phase Identification where the X-ray data is used to identify candidate phases and the EBSD data is used to distinguish the phases. EBSD and EDS data can also be collected simultaneously as maps, enabling a true characterization of the sample.

Includes all the tools necessary to collect and solve EBSD patterns including:

- Autocal, Auto Exposure, Auto Background, Detector Control, Calibration Refinement Tools, Tru-I Indexing and Solver engines, ICSD database, Large Area Mapping, MapQueue, Image Registration, AutoLock Drift Correction, TruPhase, Color FSD Imaging, Psuedosymmetry Correction, CIF Import, HKL Steel, AZtecCrystal Advanced, AZtecCrystal MapSweeper, Crystal Definitions, Advanced Textures, Materials Properties, Calssify Tool, Parent Grain Analysis, Dislocation Analysis

Hardware:

- Symmetry EBSD detector

- Forward scatter detector with 5 diodes

- EBSD Control Box and Handset

- Symmetry Windows 10 PC

- 27-inch Widescreen LCD display 1 51A1019 AZtec Magnetic Field Correction (for SEMs with semi-in or immersion lens).

1 51A4001 Geological Phase Database - Am. Min.

1 51A4002 NIST Structural Database (NSD)

1 INSEGR

AZtecLive installation and software familiarization.

Includes one credit towards tuition to EDS training school at an Oxford Instruments America, Inc. training facility. The credit must be used within 12 months of installation.

For additional tuition credits, see part number Z006. WARRANTY: All systems and equipment sold by Oxford Instruments America; Inc. are supplied with a complete 12-month part and labor warranty.

1 INSHKL

HKL EBSD installation and software familiarization.

Includes one credit towards tuition to EBSD training school at an Oxford Instruments America, Inc. training facility. The credit must be used within 12 months of installation. For additional tuition credits, see part number Z006.

WARRANTY: All systems and equipment sold by Oxford Instruments America, Inc. are supplied with a complete 12-month part and labor warranty.

1 Z003/2DA

On-site Application Training - Two Days

On-site applications training with an Oxford Instruments, Microanalysis applications specialist. On-site training cost is applicable for up to 6 users per session.

Expenses are included.

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) the property 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 property or services will satisfy agency requirements. As well as 6.302-1 only one responsible source and no other supplies or services will satisfy agency requirements.

Also, 10 U.S.C. 2304 (c)(a)(1) Issuance of Orders- the following actions are (a) Issuance of orders. The following actions are not required for the issuance of a task or delivery order under a task or delivery order contract: (1) A separate notice for such orders under sections 1708 of Title 41 or section 8(e) of the small business Act (15 U.S.C. 637(e) as implemented by FAR 6.302-1. The following statutory authorities (including applications and Limitations) permit contracting without providing for full and open competition.

This justification is based on Oxford Instruments America, Inc being the only source and no other supplies or services 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 require the use of the authority cited:

The rationale supporting the use of 10 U.S.C. 2304(c)(1) is the property or service needed by the agency is available from only one responsible source or only from a limited number of responsible sources and no other type of property or service will satisfy the needs of the agency as described below.

Oxford Instruments America, Inc. an Integrated AZtechHKL and AZtechLive Standard Microanalysis Systems & Software is the only system and software that will meet these requirements. The Oxford Instruments Equipment is compatible with and reuses existing Oxford EDS, WDS, EBSD systems.

Marshall Space Flight Center (MSFC) has invested heavily in Oxford EDS, WDS, EBSD detectors/control systems, and in-depth training courses from Oxford on EBSD data acquisition and data analysis over the last decade for a variety of reasons, but the primary reason is standardization. Because MSFC has multiple electron microscopes using the EDS/WDS/EBSD systems, continuing with Oxford systems also controls training (cost) training a new user once, then they can operate any of the systems. This allows a user to practice their operations on any available system which is a huge efficiency advantage for scheduling instrument time. Rather than having to wait for availability on the one instrument for which they have received training, they can immediately access any available instrument.

MSFC lab supports both MSFC-specific and broader agency-wide programs including failure analysis and commercial crew flight risk reduction activities that are very time sensitive. Lab instrument standardization improves our analysis response time to the supported programs, which helps preserve program safety, schedule, and cost targets. Previous purchase orders for Oxford Instruments Equipment and Software (NNM13AF46P, NNM15AD30P, 80NSSC18P2626, 80NSSC21P2915) have an approximate value of over .

NASA would incur substantial duplication of costs, resources, and time if a brand other than Oxford was procured due to the effort necessary to: 1) evaluate and source compatible hardware/software; 2) commit training to new vendor instrument; 3) migrate data information from current infrastructure to new vendor solution; 4) conduct parallel operations of current and new systems until migration to the new system; 5) validate migration completion; and 6) decommission the current systems after the migration effort is completed. Additionally, purchasing equipment from competing vendors, would break up our lab standardization and reduce our operator efficiency and responsiveness to critical agency programs.

The recommendation is made pursuant to FAR 8.405-6 (a) (1) (i) (B), only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. Staying with these Oxford supplies and services means that knowledge can continue to be leveraged.

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:

Notice to the Government Point of Entry (GPE) website (Sam.gov) will be published as a combined synopsis solicitation in accordance with FAR 12.603. This posting informed potential sources of NASA’s intent to award this sole-source contract to Oxford Instruments America, Inc. 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:

It is 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 the 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 action is fair and reasonable.

The Oxford Instruments Integrated AZtechHKL and AZtechLive Standard Microanalysis Systems & Software will compete as a brand name, combined synopsis/solicitation. ITPO anticipates one vendor (Oxford Instruments America, Inc) to provide a competitive price on the Integrated AZtechHKL and AZtechLive Standard Microanalysis Systems & Software brand name request for a 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:

A Request for Information (RFI) was posted to SEWP on 07/05/2023 and closed on 07/11/2023 which resulted in zero (0) responses. Oxford Instruments America, Inc does not have a SEWP contract or a reseller on SEWP that can provide these products.

A search on Solutions for Enterprise-Wide Procurement (SEWP), utilizing the market research tool, using product numbers 51A1019 and 51N2052 revealed zero (0) businesses with the capabilities of providing this service and supply.

A search on General Service Administration (GSA) Advantage, category product, using keywords ‘Oxford Instruments’ returned results for supplies and services, but none specifically for the Oxford Instruments Integrated AZtechHKL and AZtechLive Standard Microanalysis Systems & Software needed for this requirement.

An RFI was also posted to General Service Administration (GSA) on 07/06/2023 and closed on 07/11/2023 which resulted in zero (0) responses.

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 will be synopsized on the GPE website (Sam.gov) per FAR 12.603 (See Section 6 above). There are no other sources of providers for listed products/services.

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 for opportunities to open competition for this requirement for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements. National Aeronautics and Space Administration (NASA) will monitor the marketplace for potential competition in the future.

Oxford Instruments Integrated AZtechHKL and AZtechLive Standard Microanalysis Systems

& Software

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

Technical Representative: I certify that the facts presented in this justification are accurate and complete.

Gabriel Demeneghi Technical Representative

Contracting Officer: I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Dennis A. Ross Contracting Officer

Dennis Ross Digitally signed by Dennis Ross Date: 2023.07.18 13:30:57 -04'00'

Gabriel Demeneghi

Digitally signed by Gabriel Demeneghi Date: 2023.07.18 12:46:18 -05'00'