1. TOS II Extension JA_Signed - Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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I. Agency and Contracting Activity.

Air Force Materiel Command (AFMC), Air Force Test Center, AFTC/PZZ - Arnold, Test Range Contracting Division, 100 Kindel Drive, St e A335, Arnold AFB TN 37389-1335

II. Nature and/or description of the action being approved.

Contract FA9101-15-C-0500 was the result of an agency level acquisition for the Test Operations and Sustainment (TOS) of Arnold Engineering Development Complex (AEDC) valued at over The purpose of this Justification and Approval (J&A) for Other than Full and Open Competition is to extend the period of performance (PoP) of this contract for twelve months. A contract modification will be executed for the extension of services of the TOS I contract with National Aerospace Solutions, LLC (NAS). TOS II, the follow-on effort, was awarded 14 March 2024, with transition scheduled to begin 1 April 2024 and full performance to begin 1 July 2024. However, due to a protest submitted to GAO of the TOS II contract award filed on 26 March 2024, performance start on the TOS II contract has been delayed. The TOS I contract extension is necessary to avoid unacceptable delays in fulfilling the highly specialized services supporting numerous DoD programs critical to national defense. The total value for this modification is estimated at $ .

III. Description of supplies/services required to meet agency needs.

Under the contemplated modification, NAS will continue the current TOS I scope of work, to include the following services in sustainment of the AEDC mission: test, analysis and evaluation of aerospace programs; research and development leading to future test facility capability; the operation, information management, maintenance and repair of the facilities and related utilities; and engineering, test, analysis and evaluation in support of exploitation of foreign aerospace technology activities. This is a services contract not related to a specific program, item or system. AEDC is a test facility of the DoD Major Range and Test Facility Base (MRTFB) managed by the Air Force. The work at AEDC has been outsourced since its inception; it is currently led and managed by the Government, while being contractor operated and maintained. The continued operation of AEDC impacts a multitude of testing programs across DoD and NASA.

The specific services require specialized knowledge of the maintenance and operations procedures and engineering support for the test facilities in order to safely continue the test mission. The knowledge requirements include: scheduling and coordinating high voltage power distribution with outside agencies, Tennessee Valley Authority (TVA); operation of large one-of-kind wind tunnel compressors and other industrial equipment; configuration and programing complex controls and data acquisition systems, for test operations; and conducting test and evaluation for a wide range of test articles including turbine engines, space system components, and aerodynamic models.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The relevant authority allowing for other than full and open competition is FAR 6.302-1 - 10 USC 3204(a) (1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements.

The AEDC TOS program has determined that the services are deemed to be available only from the incumbent contractor in the case of this follow-on contract for the continued provision of highly specialized services because the award to any other source would result in unacceptable delays in

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VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Government will evaluate the contractor's proposal for the extension period IAW FAR 15.404, Proposal Analysis. The Government anticipates the cost for the interim TOS contract will be fair and reasonable and in line with costs incurred for the FY24 workload, subject only to adjustments for revisions to prevailing labor rates as provided by the Secretary of Labor and test workload surges.

NAS will be required to submit certified cost and pricing data. The Contracting Officer will perform a reasonableness determination based on, but not limited to, the prior services contract history (eight years), level of effort, labor mix, and the Independent Government Estimate (IGE).

Therefore, the Contracting Officer hereby determines that the anticipated cost to the Government will be fair and reasonable. The Contracting Officer will determine the proposed estimated costs fair and reasonable based upon cost analysis conducted pursuant to FAR 15.401-1(c). Cost or pricing data will be obtained along with audits to support price reasonableness.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The AEDC Source Selection Team conducted extensive market research for the TOS II effort, with an initial Request for Information issued in January of 2022. Three RFIs were posted to SAM.gov and followed up with an Industry Day and/or one-on-one discussion sessions. In total, 14 Small Businesses, 19 Large Businesses, two not-for-profits, one Educational Institution, one company of unknown size, and 19 Government Entities participated in market research through RFIs, Industry Days, Industry Interchanges, and a Stakeholders' Day. No additional market research was conducted for the interim contract as NAS was the only source capable of meeting the Government's needs, it would result in a substantial time delay and duplication of costs, and the amount of these costs would not be recovered through a repeated competition.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

The TOS II contract has been awarded via full and open competition. This competition fulfilled the requirements of the Competition in Contracting Act. The TOS efforts at AEDC will continue to be competed in the future. Due solely to the protest of the TOS II award, unavoidable delays will occur if the TOS I contract is not extended. NAS, the incumbent, is the only offeror that has the specialized skills, holds all required certifications and clearances, is familiar with the complexity of the requirements, and is fully capable of continuing to perform for the additional extension period. NAS has approximately employees performing these specialized skills on the current contract. No other contractor is able to successfully on-board the required personnel to perform this effort in less than 30 days in order to satisfy the agency's requirements.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

N/A

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X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The TOS I and II contracts were full and open competitions that fulfilled the requirements of the Competition in Contracting Act. Future TOS efforts will continue to be competed. However, in the event an additional extension is required for the interim contract due to a further delay in award, the AEDC team will review the rationale and apply it, as necessary, to any future sole source award to NAS contemplated at that time.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by our signatures above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.