4BW JOFOC.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Johnson Space Center (JSC)/White Sands Test Facility (WSTF)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80JSC023PA011, 4BW, 119-Gallon Cylinders

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 the

National Aeronautics and Space Administration (NASA) and the contracting activity is JSC/WSTF, which is located in Las Cruces, New Mexico.

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 Purchase Order (PO) 80JSC023PA011 with Columbiana Boiler Company, LLC (CBC) for the manufacture and delivery of four (4) 119-gallon, 500 PSIG 4BW cylinders compliant with the U.S. Department of Transportation (USDOT) Special Permit (SP) 11580 to WSTF, Las Cruces, New Mexico.

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 4BW cylinders being procured will provide propellant storage and transport for Dinitrogen Tetroxide (N2O4) and Monomethyl Hydrazine (MMH). The safe storage of these propellants is required for WSTF to retain its ability to conduct hot-fire testing in support of programmatic goals and schedules. Compliance with the USDOT SP is critical for ensuring the integrity and conformity of these containers and their ability to store hypergolic materials.

The total value of this PO is estimated at $266,000.00 with a F.O.B. destination delivery of no later than September 30, 2024.

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.

3204(a)(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. 3204(a)(1) is as described below.

CBC is the only supplier capable of producing 4BW cylinders compliant with USDOT Specification 49 Code of Federal Regulations (CFR) 178.61 due to their possession of SP 11580. Any source capable of producing 4BW cylinders must possess this special permit in order to certify their cylinders are compliant with the USDOT specification listed above.

Any vendor not having this special permit cannot represent their 4BW cylinders are USDOT Specification, 49 CFR 178.61 compliant. The agency requirement for 4BW cylinders to be compliant with this specification is due to its use to hold propellant materials that pose a risk to human health and safety if not properly stored. Therefore, CBC is the only responsible source, and no other supplies or services will satisfy agency requirements.

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 August 15, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source purchase order to Columbiana Boiler Company, LLC. No companies beyond CBC expressed interest in writing.

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 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 action is fair and reasonable. Proposed pricing for this acquisition will be determined fair and reasonable through comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items as outlined in FAR 15.404-1(b)(2)(ii). As part of determining historical prices paid, other agencies were contacted and provided quoted costs for the same or similar items as the ones needed by NASA in addition to historical costs from previous WSTF 4BW cylinder procurements.

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:

As part of market research, multiple companies capable of manufacturing 4BW cylinders were identified. However, none except CBC, were deemed capable of producing cylinders to the required size and DOT SP.

Furthermore, the Defense Logistics Agency (DLA) was contacted as part of identifying how they fulfilled their requirement for the same or similar product. As part of this correspondence, DLA confirmed, via email, that to their knowledge, there are no other manufacturers capable of producing 4BW cylinders for hypergolic products.

Finally, a synopsis of intent to award a sole source contract to satisfy NASA’s requirement for 4BW cylinders compliant with the USDOT SP was posted to the Government point of entry on August 15, 2023, with a closing date of August 30, 2023. No companies responded to this notice. As such, it is determined that CBC is the only responsible source capable of satisfying the agency’s requirement and no other supplies or services will satisfy agency requirement.

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) on August 15, 2023, and closed August 30, 2023. No companies beyond CBC expressed interest in writing.

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.