80TECH24PA003_JOFOC FINAL_Redacted with KJLesker.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Langley Research Center (LaRC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For PRO Line PVD 500 Thin Film Deposition System

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) Information Technology Procurement on Demand (ITPOD).

The procuring agency is the National Aeronautics and Space Administration (NASA), and the contracting activity is Information Technology Procurement on Demand (ITPOD).

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 the Kurt J. Lesker Company for the procurement of a PRO Line Physical Vapor Deposition (PVD) 500 Thin Film Deposition System. The proposed new PVD500 system will allow for the production of much larger articles that will meet the requirements for advanced research and development.

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 contract is for the acquisition of a thin-film deposition system (Kurt J. Lesker Co, PVD 500 RF/DC) that will augment and enhance current capability with a newer, more robust deposition capability that will allow production of much larger components. Product is also called an Advanced Sputter Deposition Fabrication Tool. This tool is necessary since there is a critical need for compatibility between the previous system (PVD75) and the new system (PVD500) in regard to hardware and software that will allow for the utilization of “recipes” developed from the PVD75.

The estimated value of this Fixed Firm Price procurement is $ . The proposed requirement has an expected delivery date of 48 weeks after award.

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 for acquisitions using the procedures in FAR subpart 13.5 is 41 U.S.C. 1901. This justification is based on the Kurt

J. Lesker Company being the only responsible source and no other supplies or services will satisfy the requirement.

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 FAR Subpart 13.5 in 41 U.S.C. 1901 is only responsible source and no other supplies or services will satisfy the requirement as described below. The Kurt J. Lesker Company is the only source that has the combined expertise and manufacturing techniques to provide an uninterrupted continued use of the deposition system device at Langley Research Center (LaRC). This procurement is an upgrade to an existing PVD 75 system cleanroom tool that is critical for the fabrication of thin-film deposition. The tool being upgraded is a Kurt J. Lesker Company PVD-500 Advanced Sputter Deposition Fabrication Tool. The upgraded deposition tools must be plug and play compatible with existing hardware, software, and electronics. No other thin film deposition manufacturer offers a product and software to meet the requirements listed for this procurement as stated in OEM letter from the Kurt J. Lesker contractor.

Kurt J. Lesker Company is the only responsible source, with the unique software to allow for data transfer between the software on the previous system and the software on the new system. The old PVD 75 system utilizes a software called “C-Ware”. The new PVD 500 system utilizes the “eKlipse” which has the ability to read and process the “C-Ware” software which is critical since previous “recipes” written on the PVD 75 will be used on the PVD 500 system. No vendor has the software that can read and process Lesker’s software. When considering the specialized requirements described in section 3 and 4 that are required to be performed, the incumbent contractor, Kurt J. Lesker, is the only contractor that is able to provide uninterrupted services as they have proprietary software for the Kurt J. Lesker equipment that is not compatible with any other manufactures sputter disposition fabrication tool.

Aircraft performance has become increasingly dependent on advanced materials technologies.

The new paradigm in performance demands multifunctionality of material systems while maintaining or increasing strength and durability. The procurement of the Advanced Sputter Deposition Tool is critical to driving forward the mission of the Revolutionary Aviation Technology Branch.

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 March 8, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to Kurt J. Lesker company. 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 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. This procurement is for a commercial item. Thus, the price can be determined fair and reasonable based on a comparison of the established market price, historical pricing, and current price lists. National Aeronautics and Space Administration (NASA) has historical contract information from previous awards with the Kurt J. Lesker Company and there are no anticipated issues that would circumvent a fair and reasonableness price determination.

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:

The following market research was conducted in preparation for this acquisition:

• Market research was conducted in November of 2023 for similar systems via Google.

Market research included reviews of online providers for current market conditions of an Advanced Sputter Deposition Fabrication Tool. The following vendors were reviewed:

o Denton Vacuum o Machino o AJA International o Capovani Brothers Inc.

This search confirmed that the required software could not be provided through these other suppliers.

• The Government also received and reviewed a letter on April 10, 2024, from the Regional Sales Manager at Kurt J. Lesker which stated that this product and software was not available on SEWP or GSA.

Due to the highly specialized nature of PRO Line PVD 500 Thin Film Deposition System, it is in the best interest of the Government to award a sole-source contract to the Kurt J. Lesker Company, Woman Owned Small Business.

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). The intent to sole source was posted for 15 days from the effective posting date of March 8, 2024. No responses were received by the end of the 15 days.

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.