JOFOC for Mars Sample Return (MSR) Shape Memory Alloy (SMA) Springs Revised for higher threshold_FINAL for posting.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

GLENN RESEARCH CENTER (GRC)

CLEVELAND, OHIO

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Mars Sample Return (MSR) Shape Memory Alloy (SMA) Springs 80GRC020D0015

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) Glenn Research Center (GRC).

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

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 ceiling increase to contract number 80GRC020D0015 with Fort Wayne Metals, Inc. of $4 million. This would increase the threshold from $1 million to $5 million.

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):

Production and delivery of NiTi Springs Exhibiting Pseudoeleastic behavior from -130C to 90C for a period of performance of five years and a maximum award value not to exceed $5 million dollars.

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):

Fort Wayne Metals (FWM) has not only indicated that they could meet the requirements with written and verbal communication to the sources sought, but they have also previously delivered numerous batches of springs, meeting multiple geometries as specified through individual GRC purchase requests.

FWM was awarded a $1M sole-source contract in 2020 for the development and production of state-of-the-art NiTi Springs. A JOFOC was approved for that action because they indicated they were the only manufacturer in the market capable of delivering the springs with the metallurgic attributes required for NASA's application.

That original JOFOC received no industry objections. Since award, FWM has done a spectacular job meeting the requirements of the contract. After determining that these NiTi springs can be manufactured to meet NASA's requirements, NASA is ramping up its program and needs additional springs. Recent market research, outlined in this document, indicates that FWM is still the only manufacturer capable of producing these springs. In fact, NASA again received no other responses to its synopsis posting.

Therefore, FWM is the only responsible source capable of meeting the needs of NASA

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:

In accordance with FAR 5.2, a description of this requirement was posted to Federal Business Opportunities (FBO) on July 18, 2019 and closed on September 30, 2019. The results are as follows: Fort Wayne Metals (FWM) is the only vendor that responded to the Sources Sought Solicitation.

The revised SOW and synopsis were posted on SAM.GOV on March 2, 2022 for 15 days, closing on March 17, 2022. There were no responses.

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. The guidance and techniques specified at FAR 15.404 and NFS 1815.404 will be followed during the proposal evaluation. If appropriate, price analysis and technical analysis per FAR 15.404-1(b) and (e), and NFS 1815.404-1(e) will be performed to determine and negotiate a fair and reasonable price. If price analysis is not appropriate, then cost analysis and technical analysis, per FAR 15.404-1(c) and (e), and NFS 1815.404-1(e) will be performed to determine and negotiate a fair and reasonable price.

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:

Prior to releasing the Sources Sought Notice, Market Research (MR) was conducted by the NASA GRC technical team to investigate whether there were potential vendors in the marketplace that could satisfy the NASA GRC anticipated project needs. This MR included personal knowledge in the procurement of this specific type of material, contact with knowledgeable people in Government and industry regarding the commercial nature of this requirement and standard industry practices in this area of supply/service. Based upon the initial information presented by the technical team, the NASA GRC procurement team was informed that the technical team believed that only 1 company would be able to meet the Government’s specific needs. In order to verify this information, a Sources Sought notice was posted via Federal Business Opportunities.

FWM is the only vendor that responded to the Sources Sought Notice NiTi Springs Exhibiting Pseudoelastic behavior from negative 130 degrees to 90 degrees Celsius (Solicitation Number: NASAGSFC2019) and has proven to be capable of providing springs with the required properties needed for this project (FAR 6.302-1 (b) (1) (i)).

They are 1 of 2 domestic companies of four Shape Memory Alloy (SMA) producers in the world and is the single producer that conducts the end-to-end process for the requested deliverable (melt to spring). Other domestic primary processor (Wah Chang) would likely contract with a sub to form the material into springs, this increasing quality control oversight to the MST project. The other two vendors that might be capable of performing this task are foreign held entities. None of these other three entities responded to the sources sought solicitation, indicating they don’t meet the extremely challenging specification set out in the sources sought call.

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).

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:

At this time, the marketplace for the above-mentioned procurement is virtually non-existent. However, if a future requirement does reoccur, a procurement approach will be used to re-examine the marketplace to the greatest extent possible in order to seek competition to the greatest extent possible.