GSE IDIQ JOFOC.pdf

Rev.: 04/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Kennedy Space Center (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For Indefinite-Delivery Indefinite-Quantity (IDIQ) Ground Support Equipment (GSE) Contracts

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) Kennedy Space Center.

The procuring agency is the National Aeronautics and Space Administration (NASA), and the contracting activity is Kennedy Space Center.

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 full and open competition to award new follow-on multiple award indefinite-delivery indefinite-quantity Ground Support Equipment contracts. The newly awarded contracts ordering periods will begin October 3, 2023, and end October 2, 2026.

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):

The current GSE IDIQ was awarded through a competitive basis on October 3, 2018, as a small-business set-aside multiple award indefinite delivery/indefinite-quantity contract with a five-year base period. The new awards will allow for the uninterrupted continuation of contractor support of mission-focused engineering fabrication and installation services to NASA programs, projects, and most critically, the planned launch of astronauts aboard Artemis 2. Such tasks include fabrication and incidental installation of ground support equipment, test equipment, ground systems, and other hardware necessary to process flight and associated hardware for NASA. Currently, there are several critical hardware umbilicals in work for Mobile Launchers 1 and 2. With the ordering period set to end in October 2023, any subsequent awards to a new contractor would likely introduce unacceptable risk and delays to mission schedules, as they may not possess the necessary skills/labor/experience to continue operations on complex systems contained within the umbilicals. The current contractors participating in the GSE IDIQ have proven performance track records and effective partnerships with NASA in all previously awarded task orders.

While this acquisition was established primarily to meet KSC’s needs, ordering is available for GSE requirements from other NASA Centers that fit within the general scope of the IDIQ. Each Center is required to coordinate with the primary Center at KSC prior to use of the GSE IDIQ contract for continuity and tracking. Delivery orders are funded as they are issued under these contracts. The total cumulative value of delivery orders issued under the newly awarded IDIQ contracts shall not exceed $100 million for the three-year ordering period.

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.

3204(b)(B), as implemented by FAR 6.302-1(a)(2)(iii), “For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements.”

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 6.302-1(a)(2)(iii) is for the continued provision of highly specialized services on systems supporting crewed Artemis launches. These highly specialized systems are subject to human-rated requirements for ground support equipment, as cited in NPR 8705.2C “Human-Rating Requirements for Space Systems.”

It is likely that awards to sources other than the original sources would result in unacceptable delays and possible unsatisfactory performance in fulfilling the agency's needs, as described below.

JP Donovan Construction Inc., Precision Fabricating and Cleaning Co., and Engravers Metal Fabricators have supported the existing contract since October 3, 2018, and have the infrastructure in place to continue providing these services without any interruption for the additional period of performance. In addition, all display the experience, management skills, supply chain connections, and uniquely trained personnel to meet the required schedules associated with Artemis projects with minimal risk to the program.

Such important past projects of the GSE IDIQ include the Exploration Upper Stage Umbilicals, Orion Crew Module Training Article, Crew Access Arm Hinge Access Platform, and Vehicle Assembly Building Reinforcement. Upcoming project requirements for the GSE IDIQ are anticipated to build from previously completed projects (such as cryogenic tubing work in support of a completed Exploration Upper Stage Umbilical) and will likely require performance beyond the current five-year period, furthering the need to continue existing contractor support of these highly specialized services.

The continuous and uninterrupted engineering fabrication and installation services are vital to the effective completion of each ongoing task contributing to future Artemis mission success, more importantly, Artemis 2 as the first scheduled crewed launch of the SLS. Sustaining carefully built engineering teams with recognized competence relies on effective performance over a period of years. All current GSE IDIQ contractors have established efficient working teams over five years, and throughout this timeframe, have received Satisfactory and Excellent Contractor Performance Assessment Reporting System ratings. Awarding to new, inexperienced contractors during this additional short period of performance poses risk of disruption and unacceptable delays of engineering fabrication and installation activities and likely significant impacts to launch schedules, resulting in additional costs to the Government. Award to current IDIQ contractors will allow a seamless continuation of critical services. Due to aggressive Artemis 2 launch schedule requirements, the importance of completing subsequent critical subsystems and equipment in support of human spaceflight, and the short-term nature of the additional performance period, the currently awarded GSE IDIQ contractors are considered the only sources capable of meeting NASA's needs without unacceptable delays and disruption of services such as long-lead procurement setbacks, labor shortages, administrative inefficiencies and ultimately project milestone/delivery delays.

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:

A Sources Sought Request for Information (RFI) was posted to SAM.gov on January 13, 2023, with a responses due date of February 15, 2023. During this period, five formal responses were received from various contractors gauging interest; however, none displayed relevant disciplinary experience needed in the scope of our GSE IDIQ contracts.

A Notice of Intent to Sole Source will be posted in accordance with FAR 5.203(a) and posted via Government Point of Entry for 15 days. Consideration will be given to all information submitted in response to this Notice of Intent to Sole Source. Information received will be considered solely for the purpose of determining whether to conduct a competitive requirement.

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:

This sole source requirement to the incumbent contractors does not change the competitive environment from which subsequent task orders are awarded. As part of the task order solicitation process, the requirements are sent to the IDIQ contract holders to compete for firm-fixed-price task orders. Adequate pricing is accomplished by competition amongst the IDIQ contract holders. Therefore, adequate data exists to conduct price analysis in accordance with FAR 15.404-1 to ensure fair and reasonable pricing.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted:

The current GSE IDIQ contract was awarded as a small business set aside, and market research was performed; since then, very little change to market conditions has occurred, as demonstrated from the recent market research performed in support of this extension.

A Sources Sought Synopsis was released on January 13, 2023, via the Government Point of Entry (SAM.gov), with responses due February 15, 2023. During this period, five firms submitted capabilities statements with marginally relevant past performance and minimal experience in the required disciplines to successfully perform to the required scope. Of the five, only one was a certified small business. The scope of the continuing work will remain unchanged, and no conditions or circumstances exist that would give reason to believe that a more advantageous method of fulfilling the Government’s need could be achieved by other means. Due to a lack of viable new small business contractors able to meet the Government’s needs, it is determined that the new awards should be limited to the current IDIQ contractors.

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

None.

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

A notice of NASA’s intent to award this sole-source action will be synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). As described under Section 8 above, a Sources Sought Synopsis was released on January 13, 2023, via the Government Point of Entry (SAM.gov), with responses due February 15, 2023. Five firms (Ionex, Anzelc Welding & Fab, Inc., Petersen, Inc., D Gillette Industrial Services, and Noble Supply & Logistics, LLC) submitted capabilities statements with marginally relevant past performance and experience in the required disciplines to successfully perform to the required scope.

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 GSE IDIQ requirements encompass disciplinary capabilities, knowledge, and experience that only the existing awardees have demonstrated. This is a one-time justification permitting other than full and open competition, and no further actions are necessary to remove or overcome any barriers to competition for this requirement in the future.

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.

Exploration Ground Systems Ground Support Equipment Multiple Award Indefinite-Delivery Indefinite-Quantity (IDIQ) Contracts

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Michael Hartnett Contracting Officer Representative

I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Joshua Giraud Contracting Officer

CONCURRENCES:

Burton R. Summerfield Competition Advocate Kennedy Space Center

APPROVAL:

Gerald Norris Head of Contracting Activity, Kennedy Space Center

Michael Hartnett

Digitally signed by Michael Hartnett Date: 2023.07.12 09:37:39 -04'00'

JOSHUA

GIRAUD

Digitally signed by

JOSHUA GIRAUD

Date: 2023.07.12 10:09:04 -04'00'