15_240701_NNC14CA02C_JOFOC- Fully Signed.pdf

Rev.:5/2024

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Glenn Research Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Space Flight Systems Development and Operations Contract II (SpaceDOC II) NNC14CA02C

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, and the contracting activity is Glenn Research Center.

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 extension of the Space Flight Systems Development and Operations II (SpaceDOC II) contract (NNC14CA02C) to ZIN Technologies, Inc. (ZIN). The period of performance being added is 21 months, from March 31, 2023, to December 31, 2024. This extension is necessary due to the extended Phase-In and Phase-Out activities required for transitioning from SpaceDOC II to the follow-on Space Flight Systems Development and Operations Contract III (SpaceDOC III), awarded to Sierra Lobo, Inc., on February 22, 2024.

This transition follows the incumbent contractor, ZIN, having filed an unsuccessful bid protest with the U.S. Government Accountability Office, which was denied on June 13, 2024 (File Number B-422405.1). Further, there is a possibility that ZIN may pursue a bid protest with the U.S. Court of Federal Claims. Work ordered, but not completed during the extended time period requested with this JOFOC, will be transferred to the SpaceDOC III contract as necessary after performance of that contract begins.

SpaceDOC II was originally awarded on January 1, 2014, as a cost-plus fixed fee, indefinite delivery indefinite quantity (IDIQ) contract. The SpaceDOC II period of performance ended on March 31, 2023, with the delivery period of the underlying Base Tasks and Delivery Orders originally expiring one (1) year from the contract’s expiration date pursuant to FAR 52.216- 22 Indefinite Quantity. However, due to the SpaceDOC III procurement requiring additional time, on February 7, 2024, a bilateral modification was completed to extend the delivery period end-date in FAR 52.216-22(d) to July 31, 2024. This additional four (4) month extension was determined based on the remaining contract ceiling value and an analysis of the contract’s current burn rate.

As a result of further extending the delivery period established within FAR 52.216-22, rather than the ordering period, the Government has been: (1) limited to only the continued performance of previously awarded Base Tasks and Delivery Orders, i.e., no new work permitted; and (2) not permitted to increase the contract ceiling value of $278,771,396, of which there is only $1.9M of ceiling value remaining as of June 10, 2024. Therefore, to avoid any lapse in mission-critical services and hardware delivery until the extended Phase-In and Phase-Out activities required for transitioning from SpaceDOC II to SpaceDOC III are completed, it has been determined that a twenty-one (21) month extension of the SpaceDOC II period of performance from March 31, 2023, to December 31, 2024, is required. As described above, an extension of the period of performance is required to permit the Government to add both new work and value.

While this action results in a twenty-one (21) month extension of the period of performance, it is effectively only a five (5) month extension from July 31, 2024, to December 31, 2024, as any new work or value will be awarded within that period (Effective Five (5) Month Extension). Further, the anticipated structure of the proposed Effective Five (5) Month Extension will provide up to an additional five (5) months of latitude to complete bilateral modifications as necessary at the Base Task and Delivery Order levels, enabling the Government to exercise only the minimum amount of additional time necessary for the SpaceDOC III bid protest to be resolved and the follow-on contract put into place.

This JOFOC documents the basis and authorities to create a sole source extension with an effective maximum period of performance of five (5) months. The Agency estimates that this action will allow time for the extended Phase-In and Phase-Out activities required for transitioning from SpaceDOC II to SpaceDOC III to be completed. It is estimated that this action will increase the IDIQ ceiling value by $15,000,000. This estimate was calculated based on an Independent Government Cost Estimate (IGCE) of $10,453,850, with an additional $4,546,250 included to account for potential cost overruns or the awarding of new work, taking into consideration historical trends.

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 Effective five (5) Month Extension of SpaceDOC II will continue providing for the delivery of technology development hardware and software, space flight hardware and software, ground support equipment, spare parts, operational support and research data, supporting NASA space flight missions under the Science Technology Mission Directorate (STMD) and the Exploration Systems Development Mission Directorate (ESDMD).

The contract encompasses the delivery of technology development hardware and software, space flight hardware and software, ground support equipment, spare parts, operational support and research data. As such, the Contractor shall be responsible for the definition, design, development, analysis, fabrication, assembly, test, verification, delivery, and/or operation of space flight systems, associated support systems and equipment, and related ground development activities, that include research and technology developments, supporting NASA space flight missions under STMD and ESDMD.

Space flight hardware and research & technology development may include:

(i) Research investigations on the International Space Station (ISS) and/or other space platforms, to study phenomena in fluid physics, combustion science, material science, bioscience and other microgravity areas and investigate commercial applications;

(ii) Applied research and technology investigations on the ISS and/or other space-based platforms, to accommodate space exploration requirements for, however not limited to, life support systems, power, propulsion, communications, navigation, radiation, human health, and energy storage and distribution;

(iii) Acceleration measurement instruments that measure and characterize the acceleration environment of or within space flight systems and/or vehicles;

(iv) Sustaining engineering and operations of ISS or other space-based research investigations, technology demonstrations, facility class and individual payloads, acceleration measurement instruments, and other space related operations;

(v) Flight hardware and software development for the ISS subsystems, space science satellite and robotic instruments, space flight vehicle subsystems, space flight test articles, and space communications systems; and

(vi) Technology developments leading to advanced space flight systems in the areas of power, propulsion, in-space propulsion, lunar surface and in-situ resource applications, communications, navigation, and energy storage and distribution.

The Effective five (5) Month Extension has an estimated value of $15,000,000.

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, as 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. 3204(c)(l), as implemented by FAR 6.302-1, as only one responsible source and no other supplies or services will satisfy agency requirements is described as follows: ZIN is the only responsible source available for the proposed Effective Five (5) Month Extension. As the incumbent contractor currently providing these mission-critical services and hardware, ZIN is the only contractor with the highly specialized knowledge and expertise capable to continue providing the same over the period at issue without causing disruptions that would endanger NASA personnel, equipment, and missions.

Failure to execute the proposed Effective Five (5) Month Extension would result in unacceptable delays in critical projects currently underway on SpaceDOC II.

The continued provision of the highly specialized services by ZIN is the only way to prevent disruption or a gap in performance of these ongoing requirements, which would cause significant delays in schedule, impact program budgets, increase risk to providing quality deliverables, and would have potentially damaging long-term consequences to the missions of the Agency and customers that are supported by SpaceDOC II.

Therefore, an extension to the period of performance is necessary to maintain critical solutions, services, and hardware for NASA’s missions provided under SpaceDOC II for a period sufficient to allow for the extended Phase-In and Phase-Out activities required for transitioning from SpaceDOC II to SpaceDOC III to be completed. As the currently in-place contractor, ZIN is the only responsible source for fulfilling this need without a gap in these mission-critical services and hardware without substantial unacceptable delays and duplication of costs to the Government during the extension period.

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 May 23, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source extension to ZIN 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 Agency.

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 Contractor has been audited and their rates are available for use on the contract. The hours are reviewed by the NASA technical community and the rates are evaluated by the Contracting Officer and the Price Analyst as necessary. The Contractor submits a monthly NF-533 cost report that is analyzed by the Agency. There is also over nine (9) years of historical pricing data for performance of the same scope that can be compared to new cost proposals.

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 (e.g., urgent, and compelling requirement):

Market research was performed for the follow-on contract, SpaceDOC III, including a sources sought notice, request for information, industry day, one-on-one sessions, and a dynamic small business search. This information was revisited for reliability and applicability during this contract extension request, but the market research did not indicate that there are any responsible sources that could fulfill the Agency’s requirements within the current time constraints. The intent of this extension is to provide the Agency the additional time needed for the extended Phase-In and Phase-Out activities required for transitioning from SpaceDOC II to SpaceDOC III to be completed. For these reasons, the Agency does not believe there are any responsible offerors other than ZIN able to fulfill NASA GRC’s needs for mission-critical services and hardware without unacceptable delay; and without substantial duplication of cost to the Agency, which would not be recovered through competition.

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

ZIN is located within ten (10) miles of GRC, which allows for easy transport and access to both GRC and ZIN sites. As a mission critical onsite-element, ZIN provides operators which access GRC to assist with ISS operations on a regular and, when necessary, an on-call or emergency basis. Any company performing this function would also need to provide this ability.

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). The synopsis was posted on May 23, 2024, and closed on June 7, 2024. No responses were received to ask for consideration over the Effective Five (5) Month Extension.

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:

This is not a traditional sole-source case, as this contract action is to maintain the continuity-of-service, that was awarded under a competitive acquisition, until the follow-on competitive acquisition can be awarded. The process of a competitive follow-on will not be completed by the end of the period of performance of SpaceDOC II. Due to the need of the continuity-of-services, this instance does not provide an opportunity for competition outside of those actions already being taken in the re-compete of the contract. There are no alternative solutions. 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.

Space Flight Systems Development and Operations Contract II (SpaceDOC II)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Andrea Marchica Technical Representative

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

Matthew T. Evans Contracting Officer

APPROVED:

Leahmarie Koury Competition Advocate NASA Glenn Research Center