JOFOC_Concept Laser Extended Warranty_redacted.pdf

Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

George C. Marshall Space Flight Center (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Extended Warranty of Concept Laser Equipment

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) Marshall Space Flight Center

(MSFC).

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

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 GE Additive for an extended warranty of Concept Laser equipment - M2, Xline 2000R, and Xline 1000R additive manufacturing machines.

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):

MSFC requires an extended warranty on the Concept Laser equipment - M2, XLINE 2000R, and XLINE 1000R machines - to perform repairs, upgrades, and preventive maintenance operations for a period of performance of one year. The warranty requirement includes the following scope:

Machine training of 40 hours per year per machine On-site coverage Preventative Maintenance 2 times per year for M2 and one time per year for the Xline 1000R and Xline 2000R Standard Maintenance Field Modification Instructions Software Upgrades, including all GE machine software upgrades, CL WRX Software Suite, and Autobfab (MLab only)

The estimated value of this requirement is $284,700.

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 only one source can satisfy agency requirements as described below.

GE Additive has sole propriety to the technologies involved in the Concept Laser M2, Xline 2000R, and Xline 1000R machines purchased by MSFC from GE Additive. MSFC has had these products since 2011 and has had a continuing requirement for these warranties since.

Maintenance of the Concept Laser equipment is necessary to retain compliance with ISO9001 equipment calibration standards. GE Additive has the capability to perform the hardware and software maintenance yet maintains compatibility with peripheral hardware and software systems. No other vendor satisfies this requirement. The attempted use of other sources will void vendor warranties and/or maintenance contracts.

This extended warranty requirement was previously fulfilled on a sole-source basis to GE Additive via purchase order 80NSSC20P01563.

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 9/20/2021, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to GE Additive. 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.

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:

Market research was performed via the internet. Internet research yielded no other stand-alone companies that offer maintenance on GE Additive Concept Laser machines. This is due to software passcodes. Whenever parts are replaced on GE Additive Concept laser machines calibrations must be performed which require the technician to access the maintenance portion of internal software on the machine to complete. GE Additive only provides these passcodes to their technicians to prevent others from performing any work on their machines.

FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

None.

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).

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.

Extended Warranty of Concept Laser Equipment

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

Technical Representative: I certify that the facts presented in this justification are accurate and complete.

Anthony Jones Technical Representative

Contracting Officer: I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Hervie B. Williford Contracting Officer