PCN 99311 JEFO_Redacted_09.20.2023.pdf

Rev.: 2/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center

Justification for an Exception to Fair Opportunity Engineering Services During Construction (ESDC) of the Replace Operations and Checkout (O&C)

South Wing Electrical Distribution Equipment; Project Control Number: 99311

Description of the action being approved: This justification documents the basis for issuing a Task Order (TO) under the Southeast Regional Architect and Engineering (SERAE) Contract using an exception to the Fair Opportunity process.

Description of This action is a firm-fixed price task order for ESDC of the Replace O&C South Wing Electrical Distribution Equipment; Project Control Number (PCN): 99311. The total estimated price of the proposed order is and the estimated period of performance is 276 weeks.

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(A), The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

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.

FAR 16.505(b)(2)(i)(C), 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 16.505(b)(2)(i)(D), It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E), For orders exceeding the simplified acquisition threshold a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

Rev.: 2/2021

Supporting Rationale:

On August 18, 2021, Nelson Engineering was awarded Task Order 80KSC021F0155 to design the replacement of the O&C South Wing electrical distribution equipment under PCN 99311 under its Mechanical indefinite delivery indefinite quantity (IDIQ) contract. Nelson Engineering had not yet been awarded at the time of the design requirement. Fair Opportunity for the design to replace the O&C South Wing electrical distribution equipment was .

At the time of the Request for Technical Qualification Narratives (TQN), interested parties were notified that the future ESDC requirement for this effort would be considered as a follow-on requirement. Furthermore, Nelson Engineering is the Engineer of Record for the design of this project and providing ESDC is a logical follow-on to the design of the replacement. An award to Nelson Engineering is in the interest of economy and efficiency because it is a logical follow-on to the Design task order already issued under Nelson contractors whom submitted a TQN package, were given a fair opportunity to be considered for the original order for Design services.

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

Nelson Engineering has an Advance Price Rate Agreement with approved rates by labor category. These rates will be utilized in the fair and reasonable determination. Additionally, the proposed hours will be compared to the Independent Government Cost Estimate and will be evaluated by the technical evaluation team.

Other Facts:

Not applicable.

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 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.