Post-Award_JOFOC.doc

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Attached to
Cryopump Hardware and Installation Federal contract opportunity
Solicitation number
148219459
Issued by
National Aeronautics and Space Administration Glenn Research Center

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This Justification for Other than Full and Open Competition (JOFOC) details this procurement and defines why the NASA Glenn Research Center chose to procure these items as a Sole-Source Acquisition.

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

GLENN RESEARCH CENTER (GRC)

CLEVELAND, OHIO

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I. Description of Requirement I recommend that NASA negotiate only with PHPK Technologies of Columbus, Ohio for the purchase of four (4) CVI Torrmaster TM900 cryopumps because the system is incompatible with other cryopump models. Redesigning the system to integrate other cryopumps would result in substantial duplication of costs that would not be recovered through competition. Additionally, the manufacturer does not have licensed third-party resellers. As a result, it is in the best interest of the government to acquire these pumps from PHPK Technologies pursuant to 10 U.S.C. 2304(c)(1).

Currently, the cryopumps that support the vacuum facility in Building 301 of the NASA Glenn Research Center are CVI Torrmaster TM-Series Cryopumps. This standardization allows for transferable repair knowledge and replacement parts as well as simplistic system integration. PHPK Technologies is the only manufacturer and vendor of the cryopumps that are the standard for the vacuum facility. PHPK does not work through a network of distributors.

The maximum potential value of this procurement is $315,000. The period of performance is expected to last for a six (6) month period. The anticipated award date is in March 2018, and the estimated completion date in September 2018.

II. Statutory Basis for Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (1), only one responsible source and no other supplies or services will satisfy Agency requirements, and 10 U.S.C. 2304(g), special simplified procedures.

III. Rationale In Support of Statutory Authority

There is only one responsible source for this procurement. PHPK Technologies of Columbus, Ohio is the only manufacturer and supplier of Torrmaster Cryopumps which are the only cryopumps used in the vacuum facility in Building 301 at the NASA Glenn Research Center.

Attempts have been made to integrate equipment from different manufacturers with PHPK compressors and cryopumps. These attempts have been unsuccessful, causing unnecessary downtime and undue mission risk. As upgrades to clean pumping systems are implemented the number of these cryopumps is likely to increase. As a result, standardization and system integration is key to keeping the vacuum facility operating and costs at a minimum.

Additionally, purchasing from a different manufacturer would require significant control system rework. This would result in a substantial duplication of both cost and effort that would not be recovered through competition.

IV. Description and Results of Market Research

This purchase is based on continuity with existing equipment, procedures, training and hardware. All vacuum facility upgrades have used PHPK TM-Series Cryopumps and equipment. Additionally, the cryopumps must be compatible with the vacuum facility’s current helium compressors. These helium compressors are compatible with all PHPK TM-Series Cryopumps used at the NASA Glenn Research Center.

In the past, GRC has attempted to use other similar pumps as replacements, but they were ultimately incompatible with the system. Based on the project’s substantial cryopump marketplace knowledge, GRC has determined that no other pumps are available that meet vacuum facility requirements.

After this determination, online searches and discussion with the manufacturer resulted in the conclusion that no other vendors sell these pumps.

V. Determination of Fair and Reasonable Cost The price has been deemed reasonable pursuant to adequate price comparison between the quoted price and the price paid for by non-governmental organizations.

The vendor has submitted a proposal to be evaluated by the Contract Specialist and technical personnel. A previous purchase made by a contractor for NASA use had nearly identical prices. This consistency of prices between private industry and the Federal Government suggests that the quoted price is reasonable.

Additionally, the vendor submitted multiple quotations to other private and government entities. These quotations included the purchase of cryopumps as well as installation and testing of the equipment. By combining components from multiple quotations, an estimated cost for purchasing four (4) CVI Torrmaster TM900 cryopumps and supporting hardware such as helium compressors, liquid nitrogen feed lines, liquid nitrogen vent lines, and accessories was created by a NASA Contract Specialist. Ultimately, the expected cost came within 1% of the cost quoted to NASA by the vendor.

VI.

Actions to Remove or Overcome Barriers to Competition

No future actions will be taken to remove barriers to competition for future procurements for PHPK TM-Series Cryopumps as this would result in substantial costs to the government.

Additionally, purchasing from a different manufacturer would require significant control system rework. This would result in a substantial duplication of both cost and effort that would not be recovered through competition.

However, future purchases will be vetted for price reasonableness to ensure NASA pays an acceptable price for the cryopumps or their installation. The Federal Government will use its best effort to define its requirements in a manner that enables competition to the maximum extent practicable without causing undo expenses.

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