Fair Opportunity Exception - Pad B Battery - Concrete Spalling Final.pdf

Rev.: 6/2026

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center

Justification for an Exception to Fair Opportunity

1. Nature and/or description of the action being approved (FAR 16.507-6(d)(2)(ii)):

This justification documents the basis for issuing an order to Advon Construction under the Multiple Award Construction Contract II (MACC II) IDIQ using an exception to the Fair Opportunity process to procure Pad B Repair Spalling Project.

2. Description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 16.507-6(d)(2)(iii)):

This action is a firm-fixed price effort for concrete spalling repair work at Space Launch Complex (LC) LC-39B. To ensure proper access to complete the work, approximately 20 high pressure gas (HPG) battery vessels will have to be removed. After the concrete spalling repair work is completed, the HPG battery vessels will have to be reinstalled. Associated testing, commissioning, and documentation are also required. These batteries provide extra gas storage capacity at LC- 39B, supporting NASA’s Space Launch System (SLS) and NASA’s mission.

The total estimated price of the proposed order is $2.5M.

The estimated period of performance is 6 months after receipt of order (ARO).

3. Identification of Exception to Fair Opportunity (FAR 16.507-6(d)(2)(iv)):

☒ FAR 16.507-6(b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

☐ FAR 16.507-6(b)(2): Only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.

☐ FAR 16.507-6(b)(3): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

☐ FAR 16.507-6(b)(4): It is necessary to place an order to satisfy a minimum guarantee.

☐ FAR 16.507-6(b)(5): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

☐ FAR 16.507-6(b)(6): The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.103 (10 U.S.C. 3406(c)(5)). Note: The public interest exception must not be used unless Congress is notified in accordance with 10 U.S.C.

3204(a)(7).

Supporting Rationale:

Advon Construction is the only MACC II awardee positioned to complete the Pad B Concrete Spalling Repair Project within the required mission timeline. Advon has been mobilized at Kennedy Space Center under existing MACC II task orders and maintains personnel, equipment, subcontractors, and safety certifications for KSC. Currently, Advon is the prime contractor for the Install Liquid Nitrogen (LN2) System at Pad B contract. Advon recently worked at Pad B under an existing MACC II order and retains approved site plans, utility connections, and facility access— enabling immediate remobilization compared to the months-long process required for other contractors. The contractor is fully cleared for work within the LC-39B operating environment, enabling immediate remobilization and rapid start of preparatory activities such as vessel removal planning, site staging, and safety integration.

Other MACC II awardees would face substantial delays securing KSC badging, completing hazard analyses and safety training, mobilizing personnel and equipment, and coordinating pre-work with Exploration Ground Systems (EGS), Consolidated Operations, Management, Engineering and Test (COMET) contract, and Kennedy Space Center Propellants and Life Support Services II (KPLSS II) organizations.

Competing this requirement among all MACC II awardees would introduce significant schedule delays that directly threaten the Artemis III mission timeline. Specifically, the process of securing Pad access, completing required safety training, coordinating pre-work activities, and obtaining badging for new contractors is estimated to add approximately two months to the project start.

These additional lead times are not only administrative but also operational, as new awardees would need to mobilize personnel and equipment, complete hazard analyses, and coordinate with EGS, COMET, and KPLSS organizations. Such delays would push the construction start well past the critical window needed to complete repairs, restore the HPG Battery System, conduct operational testing, and finish integrated mission readiness activities before the March 2027 deadline. Advon previously performed concrete, structural, piping, and corrosion mitigation work in the Pad B High Pressure Gas (HPG) area and is familiar with the HPG system physical layout, vessel/piping system, hazards, safety requirements, confined space requirements, and system protection constraints. Their existing knowledge substantially reduces required engineering review and premobilization planning, avoiding delays associated with onboarding a contractor unfamiliar with the facility and system configuration.

The Pad B HPG system must be restored to operational status by March 2027 to support Artemis III integrated launch processing. Any delay in starting repairs introduces unacceptable schedule risk and threatens launch readiness. Recent condition assessments confirmed significant concrete spalling, corrosion, and chloride degradation; without timely repair, the structure will continue to deteriorate, increasing long-term risk, cost, and potential for local structural failures affecting critical infrastructure. Awarding through full and open competition would add solicitation, proposal, evaluation, and badging lead time, delaying construction start and jeopardizing Artemis

III mission support. Advon is the only MACC II contractor capable of beginning work immediately and completing repairs within the required schedule, making sole-source selection essential to protecting mission success.

4. Determination that the anticipated cost to the Government will be fair and reasonable (FAR 16.507-6(d)(2)(v)):

Before award of the sole-source task order, the Government will technically evaluate the proposal submitted by the contractor, review/analyze the proposal in detail and negotiate adjustments, if necessary, to establish a fair and reasonable price as described in FAR 15.404-1. Additionally, the Contracting Officer will review the Independent Government Cost Estimate (IGCE), and historic prices paid for similar construction.

5. Other Facts supporting the justification (FAR 16.507-6(d)(2)(vi)):

The decision to utilize an exception to fair opportunity is driven solely by the Government's mission schedule requirements and is not based on contractor preference or convenience.

Restoration of the system to operational capability must occur before the required launch processing window begins. Failure to complete this work in time would jeopardize the schedule for Artemis III and could delay launch processing for America's human spaceflight mission.

Advon has performed previous similar work in the HPG and as such has intimate knowledge of the area, systems, and requirements which will result in significant schedule savings compared to other MACC II contractors.

6. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made (FAR 16.507-6(d)(2)(vii)):

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

Pad B Battery Project – Spalling Repair

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SIGNATURE PAGE

I certify that the requirements and technical data contained herein, and which form a basis for this justification are accurate and complete.

Technical Representative

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the content herein, it is determined there is substantial evidence to justify this exception to fair opportunity.

Timothy M. Freeland Contracting Officer

APPROVAL:

Based on the information provided in this justification, and as the approving official, I have determined that the exception at FAR 16.507-6(b)(1) applies to the order.

Edwin Martinez Competition Advocate Kennedy Space Center

CHRISTINA

SASKIEWICZ

Digitally signed by CHRISTINA

SASKIEWICZ

Date: 2026.07.20 14:58:58 -04'00'

Timothy Freeland Digitally signed by Timothy Freeland Date: 2026.07.21 06:10:19 -04'00'

Edwin Martinez

Digitally signed by Edwin Martinez Date: 2026.07.30 07:39:55 -04'00'