80JSC022PA007 Mod 2 JOFOC_Final.pdf

Rev.:1/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

JOHNSON SPACE CENTER

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80JSC022PA007

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) Johnson Space Center (JSC).

The procuring agency is the National Aeronautics and Space Administration (NASA), and the contracting activity is JSC.

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 new work modification, with a performance extension and value increase, to contract number 80JSC022PA007 with Progressive Recovery, Inc. (PRI) for a solvent distillation and processing system to support Clean Room operations at Johnson Space Center. The current period of performance for this contract is September 12, 2022, to April 13, 2023. With the issuance of this contract action, the period of performance will be extended from April 13, 2023, to September 29, 2023.

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 Clean Room located in Building 9 South at JSC and operated by the ES Division uses hydrofluoroether (HFE) as a cleaning fluid to clean human life support systems hardware, flight hardware, and other hardware which require stringent levels of cleanliness for safety and system integrity. A fluid processing system is required which processes, distills, and stores the HFE fluid in order to recycle the expensive and hard-to-obtain fluid to minimize cost and downtime for Clean Room operations. In January 2023, the manufacturer of the HFE solvent used in JSC Clean Room announced that they will stop making this product by 2025. Therefore, this processing system must be able to process HFE (for current JSC cleaning processes) as well as Solstice PF, which is the most likely replacement candidate for HFE. In addition to the two solvents mentioned, it is possible that flammable hydrocarbon cleaning solvents will be used in the JSC Clean Room in the future so this system must be designed to process flammable solvents as well. PRI provides a fluid processing system that is compatible with HFE, Solstice PF, and flammable solvents and is available for purchase, and meets packaging & safety requirements. The current value of this contract is $312,400.

The estimated value of this action is $168,380 and the estimated new total value of the contract will be $480,780.

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. 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 10 U.S.C. 2304(c) (1) is appropriate only when “the property or services needed by the agency are available from only one responsible source and no other type of property or services will satisfy the needs of the agency,” as described below.

PRI provides a unique system that meets all of NASA’s requirements. When this contract was initially awarded, the system acquired from PRI was compatible with the current cleaning solvent in use at JSC, HFE. As a result, the Government determined that there would be no need to purchase a different solvent. The fluid system from Progressive Recovery was compatible with HFE and JSC’s Clean Room processes for cleaning flight and human rated hardware, which have been developed with HFE as the preferred cleaning solvent. However, during the first few months of the period of performance, the manufacturer of the HFE solvent publicized that they would discontinue production of the solvent in the next few years. Consequently, JSC still has need of a system that can process HFE for current operations, but it will also need the system to process other types of replacement solvents as HFE becomes unavailable on the market.

The PRI system, including its modifications, will operate in a fully automated manner when the system is in “auto” mode and no operator is required during normal operation. The system will be composed of a mainly metallic material of 300 series stainless steel.

Additionally, the system will have an explosion proof construction. Design consulting will be needed for coordination to develop final system details. PRI will also be able to provide onsite start up and training. The system will provide added cooling to the clean solvent holding tank, which will reduce solvent losses for clean room users. PRI will be able to add an Underwriters Laboratories (UL) label to the control panel for the system which shows that the electrical products have been tested to applicable standards.

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 April 5, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source modification to PRI. 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 quote to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a quote analysis will be performed. The quote analysis will ensure that the final agreed-to price for the contract action is 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:

An Internet web search was performed to identify fluid system designers and manufacturers that could provide a fluid system that would meet the requirements for HFE, Solstice PF, and flammable fluids compatibility, packaging, and safety. This search resulted in one candidate, PRI. PRI provides a fluid processing system that is compatible with HFE, Solstice PF, and flammable solvents and is available for purchase, and meets packaging and safety requirements. No other company was identified that could meet all requirements for processing the HFE and other solvents for the JSC Clean Room. PRI was the only company found that could fulfill all of the requirements.

Additional market research was performed by accessing the Small Business Administration (SBA) Dynamic Search and SAM.gov. The SBA search identified one vendor, by using the North American Industry Classification (NAICs) code for this product and Statement of Work (SOW) keywords as search parameters. The company found by the search does not provide a solvent processing system that meet the Government’s requirements. In SAM.gov, the results were narrowed by searching with the NAICs code and key words from the SOW.

With those search parameters, only one company was found, and it was a consulting firm that does not produce any products or systems that fulfill the Government’s specifications.

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). No sources expressed an interest, in writing, in the acquisition.

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 in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.