REMIS-C1-TO-008-RSD_-_JEFO_UNSIGNED.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

LYNDON B. JOHNSON SPACE CENTER (JSC)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY (JEFO)

Pursuant to Federal Acquisition Regulation (FAR) 16.505(b)(2)(ii)(B)

Research, Engineering, Mission Integration Services (REMIS) Contract

For the International Space Station Ring Sheared Droplet Hardware and Mission Integration and Operations Task Order

1. FAR 16.505(b)(2)(ii)(B)(2) – The nature and/or description of the action being approved:

This justification for an exception to fair opportunity provides the rationale for contracting by other than full and open competition for the purchase of Hardware and Mission Integration and Operations (MI&O) Services for the Ring Sheared Droplet (RSD) Project on the International Space Station (ISS).

JSC is proposing to contract solely through REMIS contract number 80JSC017D0016 with Teledyne Brown Engineering (TBE) under Contract Line Item Number (CLIN) 1 Task Order (TO) 8 for this work. This TO will be known as REMIS-C1-TO-008.

2. FAR 16.505(b)(2)(ii)(B)(3) – A description of the supplies or services required to meet the Agency’s needs (including the estimated value):

The scope of this TO is to perform the MI&O tasks required to take responsibility for the RSD flight hardware, which is scheduled for delivery to Marshall Space Flight Center (MSFC) in October 2018. The flight hardware delivered to MSFC will be ready to manifest for flight with all verification and safety data completed by TBE under the NASA MSFC Engineering Solutions and Prototyping (ESP) contract. The RSD flight samples must be loaded and delivered, along with the rest of the RSD flight hardware, to the Cargo Mission Contractor for flight.

NASA JSC currently has a task order with TBE under the NASA MSFC ESP contract to perform the RSD Project engineering design, development, sustaining, operations, and training. The ESP contract is nearing the end of its authorized period of performance. It is necessary to move the work content to another contract for completion of the ISS RSD Project and RSD MI&O activities. This work is similar to other ISS work content intended to be executed on the ISS Research, Engineering and Mission Integration Services contract.

NASA seeks to ensure the continuation of the RSD Project development, space flight certification, and the execution of MI&O services, which are anticipated to be performed over a 1-year period. The estimated value for this effort is $650,000.

3. FAR 16.505(b)(2)(ii)(B)(4) – Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited:

This recommendation is made pursuant to FAR 16.505(b)(2)(i)(B) for the acquisition of highly specialized supplies or services determined to be reasonably available from only one source.

Teledyne Brown Engineering developed, built and delivered the RSD under an ESP contract with MSFC. The knowledge base constructed by TBE during the design and build phase (over the past two years) cannot be quickly replicated elsewhere. TBE has managed and conducted all activities related to the manufacture, assembly, verification, and test for the RSD project under the ESP contract. This has encompassed the development, fabrication, assembly, verification, and test activities of the various items constituting the RSD and its direct interfaces, including the Microgravity Science Glovebox (MSG). This also included the physical integration of the RSD into the MSG, and verification of resulting MSG capabilities and interfaces.

Replacing TBE with a new business entity in this environment would require an estimated delay of at least three months for training and preparation for the new contractor. In addition, at this time, the only people suitable to train any new contractors would be TBE employees, at an additional cost to the Government, due to their extensive training and collaboration with partners and stakeholders.

TBE has worked very closely with Portland State University (PSU) to understand the physics of fluids in a microgravity environment. PSU has flown many fluid physics experiments for NASA. In order to replace TBE with a new business entity in this environment would require an estimated delay of one month for travel, training, and preparation for the new contractor to establish a relationship with PSU and knowledge transfer. TBE has this unique knowledge and relationship, which other REMIS contractors do not.

TBE has also worked closely with the Materials group at MSFC to understand the physics of microscopy physics and how it applies to amyloid fibrils. In order to replace TBE with a new business entity in this environment would require an estimated delay of months for training, and preparation for the new contractor, which puts the requirement for launch commitment date in jeopardy. If the science does not make the launch commitment, there is risk that the science mission may not be launched, nor executed on ISS.

Although REMIS is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract that allows for contractors to compete for work on individual task orders, the schedule delays associated with competing and then training a new contractor to perform the functions that TBE has been performing are considered unacceptable to the Government. Delays would result in the inability of the payload to meet mission schedule requirements and would create significant risk to the ability to launch and execute the science. This jeopardizes the viability of the entire RSD project.

4. FAR 16.505(b)(2)(ii)(B)(5) – A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The resulting RSD TO will be Firm-Fixed-Price (FFP). As a FFP TO, the price is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

This TO type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.

The work ordered under the resulting task order will utilize the existing rates in TBE’s REMIS contract. These rates have already been determined to be fair and reasonable. Prior to the award of the proposed order, pricing information will be obtained from TBE. Price analysis will be performed and documented sufficiently to determine that the order represents the best value to the Government and results in the lowest overall price option to meet the Government’s needs. The labor hours and skill mix will be evaluated and approved by the Contracting Officer’s Representative with inputs from the TO Manager.

Further, the historical costs of the work performed thus far on the ESP contract may be used to ensure no overlap of activities and to assist in ensuring a fair and equitable cost for the work under this REMIS task order.

5. FAR 16.505(b)(2)(ii)(B)(6) – Any other facts supporting the justification:

The period of performance of the ESP contract at MSFC ends in March of 2019; however, the need for MI&O for the RSD project is estimated to exist through October of 2019.

Further, it will be necessary to start MI&O activities upon the RSD flight hardware’s arrival at MSFC during this month, October 2018.

6. FAR 16.505(b)(2)(ii)(B)(7) – 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:

None. The tight schedule constraint does not allow actions to be taken to remove or overcome the barriers to competition.