JOFOC Final sed.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

MARSHALL SPACE FLIGHT CENTER (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC) Authority: 41 U.S.C. 1901, as implemented by FAR 13.501(a)

FOR AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME)

CODE TUBE PRESSURE VESSELS

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 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 Marshall Space Flight Center (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 firm fixed contract to FIBA TECHNOLOGIES, INC for three 6-pack configurations of ASME Tube Pressure Vessels.

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 procurement is for three 6-pack configurations of ASME Tube Pressure Vessels. These vessels have an individual maximum volume of approximately 60 cubic feet (water volume) in a stacked set of 6 configuration. The vessels in the 6-pack design yield combined total water volume of approximately 350 cubic feet. The vessels will be delivered to NASA/MSFC with a delivery date of October 31, 2024. The estimated dollar value is $677,500.

NASA/MSFC currently has pressure vessels that are aging and approaching the individually defined fatigue life. The vessels add to NASA infrastructure of Gaseous Nitrogen or High Purity Air Cross Country distribution network storage volume. The vessels are used to continually support ongoing test operations. The ASME Code tube vessels were selected due to their ease of movement and flexibility of media supported locally.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

Authority for the Justification for Other Than Full and Open Competition is provided by 41 U.S.C 1901, Simplified Acquisition Procedures, as implemented by FAR 13.501. This justification is based on FIBA TECHNOLOGIES being the only responsible source and no other supplies or services will satisfy agency requirements. This JOFOC complies with the special documentation requirements of FAR 13.501(a)(1)(ii).

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:

This is a follow-on procurement due to the foundations being built based on the drawings of the 38 vessels installed in 2017. In June 2017 contract NMN17AA22P was awarded to FIBA Technologies for 38 storage vessels resulting from a lowest price technically acceptable competition among five bidders. During that time foundations were built for additional vessels should funding become available in the future. The additional foundations are designed specific to the current 38 storage vessel dimensions.

6. FAR 6.303-2(b)(6) – A description of the efforts made 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 noncompetitive synopsis notice was published on the Government Point of Entry (GPE) website SAM.gov on February 2, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to FIBA TECHNOLOGIES, INC. 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 market research was not conducted:

In accordance with FAR Part 10, market research was conducted for this acquisition from procurement history and noncompetitive synopsis responses. Procurement history was based on discussions with various suppliers in 2017 to include ROM estimates that led to an open competition in which FIBA technologies was the selected supplier. The results of the synopsis concluded FIBA TECHNOLOGIES was the only responsible source to satisfy the agency’s follow on 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 noncompetitive synopsis MSFCPS30-PROC-23002 was published on SAM.gov on 2/2/24 and closed on 2/7/24 notifying the public of the requirement in anticipation of an approved JOFOC authorizing a sole source contract to FIBA Technologies for an additional 18 vessels (3-6 packs).

One response was received on Wed 2/7/2024 2:55 PM CST from FirstStep Energy LLC. The technical evaluation determined the company is not able to meet the requirement due to these additional vessels being unique to the foundations designed specific to the current 38 storage vessel dimensions.

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.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

MARSHALL SPACE FLIGHT CENTER (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC) Authority: 41 U.S.C. 1901, as implemented by FAR 13.501(a)

FOR AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ASME)

CODE TUBE PRESSURE VESSELS

SIGNATURE PAGE

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

John Hutchison Technical Representative

Stephanie Darnell Contract Specialist

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

Darlene Greene Contracting Officer