80GSFC23CA058 JOFOC Posting Final.pdf

Rev.:2/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Goddard Space Flight Center/Landfill Gas Follow-on

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80GSFC23R0002

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 the

National Aeronautics and Space Administration (NASA) Goddard Space Flight Center

(GSFC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Goddard Space Flight Center, Greenbelt, MD.

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 the full and open competition to award a sole-source contract to Toro Partners Group, Inc. for the delivery of landfill gas to burn in the Boiler Plant. Toro Energy is the only source for landfill gas delivery to GSFC.

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):

This procurement action will be a follow-on to the current sole source contract

80GSFC18C0034, which was awarded through May 31, 2023. This requirement is for the continued delivery of landfill gas, which is a utility service to GSFC. The period of performance will be a base period from June 1, 2023 through May 31, 2024, with nine option periods as follows:

Option Period 1 June 1, 2024 – May 31, 2025

Option Period 2 June 1, 2025 – May 31, 2026

Option Period 3 June 1, 2026 – May 31, 2027

Option Period 4 June 1, 2027 – May 31, 2028

Option Period 5 June 1, 2028 – May 31, 2029

Option Period 6 June 1, 2029 – May 31, 2030

Option Period 7 June 1, 2030 – May 31, 2031

Option Period 8 June 1, 2031 – May 31, 2032

Option Period 9 June 1, 2032 – May 31, 2033

The initial contract awarded in November 2002, included the installation of a gas compression system. Toro also installed a pipeline between GSFC and Sandy Hill Creative

Disposal Facility (a landfill site) and modified two GSFC boilers to burn landfill gas, which partially displaced the use of natural gas in Building 24 at Goddard Space Flight Center.

The estimated value of this action is approximately .

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, “Only one responsible source and no other supplies or services will satisfy agency requirements.” Toro Energy is the only vendor capable of delivering landfill gas to GSFC.

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 Only one responsible source and no other supplies or services will satisfy agency requirements as described below.

Toro Energy has an exclusive contract with Prince George’s County to operate the Sandy

Hill Landfill. The landfill is approximately six miles from GSFC. Toro Energy owns the pipelines between the landfill and GSFC’s Boiler Plant. There is no other pipeline for transferring landfill gas to GSFC.

The next closest landfill gas source to GSFC is Brown Station Landfill, located in Upper

Marlboro, Maryland, approximately 18 miles away from GSFC. Use of the Brown Station site would require the construction and maintenance of a new and longer pipeline from the

Brown Station Landfill. Construction of the pipeline would be a significant cost investment by the Center, which considering that the Toro pipeline already exists, is not in the

Government's best interest. Furthermore, landfill gas must be treated to remove condensation before it can be used as fuel. Condensation increases as the length of the pipeline transporting the landfill gas increases, and therefore, the cost of landfill gas increases.

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:

The Contracting Officer (CO) has determined that notice to the GPE website (Sam.gov) is not required in accordance with FAR 5.202(a)(5), Exceptions, which specifies that the CO need not submit the notice when the proposed contract action is for utility services other than telecommunications services and only one source is available.

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 CO’s signature on this document indicates that the CO 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. Before 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 proposed costs will be evaluated by the Contracting Officer’s

Representative (COR) and the CO to determine that the unit per measure cost (therm) is fair and reasonable and still provides the cost saving initially associated with the landfill gas initiative. At the time the current landfill gas contract was awarded natural gas prices were significantly higher than the price of natural gas currently. This may also include support from external organizations, as needed.

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 done to investigate alternative sources of landfill gas within a practical distance of GSFC. According to the EPA Landfill Methane Outreach Program Database of

Landfills, there is only one other source of landfill gas within 20 miles of GSFC, which is the

Brown Station located 18 miles from GSFC.

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

The alternative to the purchase and burning of landfill gas from Toro Energy would be to revert to using natural gas. At the present price, this option would add /therm to

/therm to GSFC’s overall fuel cost. Over ten years, with projected landfill gas usage totaling roughly 21.1M therms, the Government would incur an additional cost of to for energy. Since LFG usage offsets GSFC’s total energy consumption, using LFG results in a substantial energy intensity reduction. This reduction allows the center to meet its energy intensity reduction goals and meet the clean energy initiatives of Executive Order

14057, as LFG is GSFC’s only source of clean energy.

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

No synopsis of this procurement has been published. This is in accordance with FAR 5.202.

Exceptions, which specify that the CO need not submit the notice required by 5.201, Synopsis of Proposed Contract Actions, when the proposed contract action is for utility services other than telecommunications services and only one source is available.

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:

The purchase of landfill gas from the Sandy Hill Landfill is currently only available through one source, Toro Energy, because of the exclusive agreement Toro has to supply landfill gas to GSFC.

Due to the fact that landfill gas from any source is limited due to depletion over time, 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.

Edward Baca

Digitally signed by Edward Baca Date: 2023.03.14 16:44:13 -04'00'

SHERRY

BARBOUR

Digitally signed by

SHERRY BARBOUR

Date: 2023.03.15 09:01:01 -04'00'

MARY

STEVENS

Digitally signed by MARY

STEVENS

Date: 2023.03.15 09:03:49 -04'00'

Raymond Rubilotta

Digitally signed by Raymond Rubilotta Date: 2023.03.20 11:24:53 -04'00'