Justification & Approval United States Department of Agriculture Federal Acquisition Regulation (FAR) Part 13.5, 41 U.S.C. 1901 Identification of the agency and the contracting activity. The US Forest Service (USFS), Washington Office Procurement & Property Services, National Contracts Branch. 2. The nature and/or description of the action being approved. This Justification Memo is for the purchase of carbon flux monitoring equipment to be provided by LI-COR, Inc. This procurement will be done via sole source as there is only one suitable vendor that meets the technical needs of the project. Market research, as described in the Justification for Other than Full and Open Competition (JOFOC), evaluated multiple other vendors, but only LICOR Inc. meets all requirements. The equipment provided by LI-COR fits into the inter-agency agreement with U.S. Agency for International Development (USAID). Through the inter-agency agreement, the U.S. Forest Service provides support to the Paramos y Bosques effort on forest carbon emissions monitoring. Following extensive market research, LI-COR, Inc. is the only available and fully qualified, legally registered entity that can meet the complex and highly-technical needs outlined in the program of work of the U.S. Forest Service Northern Research Station and our host country partners in Colombia. The U.S. Forest Service International Programs seeks to secure the carbon flux equipment provided by LI-COR, Inc. to support efforts to design and implement intensive forest carbon monitoring sites in the Andes. These sites will link local actors (scientists, government officials and NGOs) with international counterparts and provide a much-needed platform for technical transfer of the technology in carbon flux measurements. 3. A description of the supplies or services required to meet the agency's needs (including the estimated value). The technical needs for this research are primarily a three-dimensional (3-D) sonic anemometer along with high frequency gas analyzers that measure carbon dioxide (CO2), methane (CH4), and water (H2O) concentrations. The monitoring sites will be remote and the only energy options will be a photovoltaic system, so the instruments must be able to be powered by this system. The instruments must also be able to measure data at high frequency (10 Hertz [Hz]) in order to be processed to ecosystem fluxes via the Eddy Covariance (EC) method. In addition to the gas analyzers and sonic anemometer, instrumentation is needed to monitor meteorological conditions at the stie. All instruments must be interoperable so that they can be built into one system for data acquisition and management. All unit data files should be recorded in .csv compatible format for easy export and analysis. Shipping of the equipment must be to Erik Lilleskov, U.S. Forest Service, 401 2nd Street, Houghton, Michigan, 49931, USA. Total cost is estimated between $100,000 and $300,000. 4. The statutory authority permitting other than full and open competition. The following circumstance justifies the exception to sole source/brand name under FAR 13.5: 41 U.S.C - 1901 - Simplified Acquisition Procedures up to $7.5 million, as authorized by FAR 13.500(a) and implemented by FAR 13.501(a). 5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority. No other company offers the full suite of equipment that LI-COR, Inc. provides. The largest limitations are for a CH4 analyzer that is able to operate on a photovoltaic system, as well as being able to be integrated with the other instrumentation. LI-COR, Inc. is the only company that can provide this. LI-COR, Inc. is the only vendor that will provide proper results for the objective of carbon emissions monitoring using this type of advanced technology. 6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable. Specifications of instruments from other companies were reviewed to determine if they would meet the needs of this project. There are few companies with reliable and accurate instruments in this field and no company other than LI-COR, Inc. provides the instruments necessary for this work. Screenshots from GSA detailing the limited availability of appropriate and suitable instruments are detailed below. LI-COR's DUNS is 06-223-7961, CAGE Code is 0WXR3, and the company does not qualify as a small business. A notice of intent to sole source will be posted on the beta.sam.gov website. 7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. A government estimate has been provided which is based on historical pricing and will be utilized as well as any information other than cost and pricing data to ensure a prudent price is negotiated for a fair and reasonable price to the government. 8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted. This is a highly specialized field with the major manufactures identified and evaluated. The U.S. Forest Service Northern Research Station market research identified only two other companies that could provide equipment for carbon flux measurement of a similar nature, i.e., high frequency sensors for measuring wind speed and gas concentrations (CO2, CH4, and H2O): Campbell Scientific, Inc (TGA100) and Picarro, Inc. (G2311-f) However, neither company provides instruments that meet all the criteria needed for this particular application, namely instruments that can be operated by a photovoltaic system instead of AC power (see excerpts from manuals below). The instruments from Campbell Scientific and Picarro that measure CH4 concentration both require 120V line power, which is not available at the remote field sites. Campbell Scientific offers some of the additional instruments that can be powered by photovoltaics but the CH4 analyzer from LI-COR inc. is the only one that is suitable for this work due to the energy requirements. The interoperability of the other sensors with the LI-COR CH4 sensor is the reasoning behind sourcing the other instruments from LI-COR inc. When purchased together the entire system is already configured for the required needs of this project. Only the options provided by LI-COR Inc. meets all of these conditions. 9. Any other facts supporting the use of other than full and open competition. None. 10. A listing of the sources, if any, that expressed a written interest in the acquisition. None. 11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated. Consistent with the Competition in Contracting Act, full and open competition will be undertaken in future requirements, as future opportunities are available. However, for this requirement, there is only one company that provides this exact supply; other companies would need to develop entirely new instruments to meet the needs of this project and no additional actions can be taken to overcome any barriers to competition. Li-COR has multiple sonic anemometers that are capable of measuring 3D wind at 10 Hz frequency, as well as a few different types of CO2/H2O analyzers that can measure at the required frequency. In contrast to the other companies evaluated, Li-COR also manufactures a CH4 analyzer (LI-7700) that is capable of both measuring at 10 Hz frequency and being powered by a photovoltaic system running DC power (see excerpt from manual below). As a result, Li-COR has been identified as the only company that can provide all instrumentation that meets the requirements of this project.
