Justification for Other than Full and Open Competition (JOFOC) - Postaward FINAL.pdf

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Glenn Research Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For the refurbishment and modernization of the PSL MCT-90-122-50K Multi-axis Thrust Measurement System (TMS) 80GRC021C0003

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 with Force Measurement Systems, Inc.

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 80GRC021C0003 with Force Measurement Systems, Inc for the refurbishment and modernization services on the Propulsion Systems Laboratory (PSL) MCT-90-122-50K Multi-axis Thrust Measurement System (TMS).

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 MCT-90-122-50K Multi-axis TMS is approaching three decades of in-service operation and needs to be refurbished and modernized. Force Measurement Systems, Inc. shall inspect, assess, repair and fabricate the system and train NASA personnel in the mechanics and theory of operations so that they are able to maintain the TMS and conduct similar calibrations and characterizations.

The total value for this service will be $1,245,000.00

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.

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 as described below.

Force Measurement Systems, Inc is a world-renowned subject matter expert in the field of force measurement systems, technology and methodology for scientific and aerospace applications. The reason that it must go to Force Measurement Systems is that they are the data rights and systems information owner, which they got from the original manufacturer.

Because no other firm has the intellectual property or expertise in this system, no other firm is capable of servicing the MCT-90-122-50K Multi-axis TMS.

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 (beta.sam.gov) was published on October 15, 2020, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole source 80GRC021C0003 to Force Measurement Systems, 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 a market research was not conducted:

Market research was not conducted because the Contract Officer Representative contacted the original manufacturer that developed the MCT-90-122-50K Multi-axis TMS. The original manufacturer, Ormond Inc., developed a highly accurate patented way to measure force. The owner of Force Measurement Systems, Inc worked for Ormond Inc. and designed/built the 40K and 50K Ormond stands. Ormond Inc. went out of business and Force Measurement Systems, Inc retained all the data rights, designs and internet protocol for the MCT-90-122-50K Multi-axis TMS.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition: Not applicable

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 (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above). Posting was from October 15, 2020 to October 30, 2020 and no vendors responded to the posting.

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:

NASA will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.