JEFO SIGNED.pdf

Rev.:3/2025

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ames Research Center Building, Moffett Field, California

Justification for an Exception to Fair Opportunity

Description of the action being approved: This justification documents the basis for issuing an order under the Western Regional Architect-Engineer Services(WRAES) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract using an exception to the Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs: This action is a firm-fixed price for provide engineering and construction support for the replacement of existing domestic water piping. The objective is to restore the reliability of the domestic water infrastructure, including trenching and replacement of surface elements, at Moffett Field and select building segments within the Ames Research Center (ARC). The total estimated ($750K) of the proposed order is ($750K) and the estimated period of performance is (365 days)

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

Determination that the anticipated cost to the Government will be fair and reasonable:

In the absence of price competition, the Government will determine price reasonableness using multiple price analysis techniques and, where necessary, limited cost analysis. The following steps will be taken:

1. Independent Government Cost Estimate (IGCE):

The proposed price will be evaluated against the Government’s IGCE. Variances will be analyzed to determine whether they are reasonable based on scope, level of effort, labor mix, and project conditions.

2. Comparison to Historical Prices:

The Government will compare the proposed labor rates, level of effort, and total price to historical prices paid for similar Architect-Engineer and construction support services under prior contracts, adjusting for scope, escalation, and site-specific conditions.

3. Market Research:

The Government will review available market data, including published labor rates, recent contract awards, and industry benchmarks, to assess the competitiveness of the proposed pricing.

4. Detailed Review of Cost Elements:

The Government will evaluate the proposed cost elements, including labor categories, labor rates, indirect rates (overhead, G&A), and profit/fee, to determine whether they are consistent with industry norms and contract requirements.

5. Evaluation of Level of Effort:

The proposed level of effort will be assessed to confirm it is appropriate and not excessive for the defined scope of services.

6. Negotiation:

The Contracting Officer will conduct negotiations to address any pricing concerns, reduce risk to the Government, and obtain the most favorable terms.

The Contracting Officer will document the analysis performed and determine that the final negotiated price is fair and reasonable in accordance with FAR 16.505 and applicable pricing regulations.

Other Facts:

The Facilities Engineering Branch is managing a Construction of Facilities project titled “Restore Reliability of Domestic Water Infrastructure, Phase 1 of 3.” The project replaces aging cast iron domestic water piping and installs cathodic protection across the Ames Research Center (ARC) and Moffett Field. The design is complete, and construction award is anticipated within the current fiscal year.

Execution of this work requires multiple coordinated domestic water shutdowns across active facilities. Due to the number of exposed connection points, phased construction activities, and required system testing, scheduling will be complex and may introduce risk of delays and associated claims.

Market research was conducted in accordance with FAR Part 10, including review of available contract vehicles and contractor capabilities. The results indicate that only one contractor can meet the requirement within the required schedule and technical constraints without introducing unacceptable risk.

AECOM, as the Engineer of Record and designer of the project, has extensive knowledge of the existing domestic water infrastructure at ARC and Moffett Field. This includes system configuration, prior modifications, and operational constraints. Their involvement provides continuity of design intent and reduces the risk of errors, delays, and rework during construction. AECOM did the design package with the CA PE stamp on drawings and submitted the final deliverables which including permitted design drawings, project specification and in house Cathodic corrosion protection calculation.

Use of an alternate contractor would cost government 75 % more funds because it would require additional time for other contractors to become familiar with the process and would need increased coordination effort, and greater risk of misinterpretation of the design documents. Contractors are unwilling to assume responsibility for interpreting or modifying another firm’s design without support from the original designer.

Utilizing AECOM under the existing contract to provide engineering and construction support services will reduce technical, schedule, and operational risks to the Government. Based on these considerations, use of the Fair Opportunity Exception is justified.

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: The Government will evaluate opportunities to reduce reliance on the Engineer of Record by developing clearer, performance-based specifications and complete design documentation to support future competition. Acquisition strategies will be reviewed to separate design and construction support services, where feasible. The Government will also continue market research to identify additional qualified sources and incorporate lessons learned to enable greater competition in future acquisitions.

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.

Restore Reliability of Domestic Water Infrastructure, Phase 1 of 3

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.

Henry Chung Technical Representative

[Contracting Officer] I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the information provided in this justification, and as the approving official, I have determined that the exception at FAR 16.505(b)(2)(i) (Insert the applicable exception letter, i.e., A, B, C, D, E, F, or G) OR FAR 16.505(a)(4), Items Peculiar to One Manufacturer) applies to the order.

(Insert name) Contracting Officer