80SSC018D0012_80KSC025F7018_JEFO Signed_Redacted.pdf

Rev.: 6/2026

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

JOHN F. KENNEDY SPACE CENTER

Justification for an Exception to Fair Opportunity

Construction of the Kennedy Space Center (KSC) Wetlands Mitigation change order to include Infrastructure Pilot Excavator (IPEx); Project Control Number: 99351

1. Nature and/or description of the action being approved (FAR 16.507-6(d)(2)(ii)):

This justification documents the basis for issuing an order to Healtheon, Inc., under MACC II 80SSC018D0012; NASA/KSC Task Order 80KSC025F7018 using an exception to the Fair Opportunity process.

2. Description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 16.507-6(d)(2)(iii)):

This action is a firm-fixed price for the excavation of existing soil to produce a pit 45' wide x 90' long x 4' deep, not including sloped side walls inside the IPEx relocatable building M7-1062. Includes install of liner with landfill-grade impervious 60 Mil HDPE Text Liner system; Backfill with W12 granite screenings at 2% moisture content or less; and cover remaining top surface (60' wide x 110' long) with at least 18” of W12 granite screenings at 2% moisture content or less.

All pit excavation, liner installation, and backfill with granite screenings will take place inside the IPEx relocatable building (M7-1062). This tent has roll-up style doors (wide and tall enough for heavy equipment access) on each end that can be left open during this work as needed, and dual exhaust fans that can be run continuously. A rotary drying tiller should be used to dry the granite screenings to 2% moisture content or less during backfill. This may need to be done in lifts where the contractor deposits X” of material, then runs the soil dryer over that lift until at desired MC, then repeats. Alternative methods can be considered if the final installation meets the 2% moisture content or less requirement. The intent with the liner is to prevent ground water wicking back into the granite screenings after installation.

The total estimated amount of the proposed order is .

The estimated period of performance is 30 days.

3. Identification of Exception to Fair Opportunity (FAR 16.507-6(d)(2)(iv)):

☒ FAR 16.507-6(b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

☐ FAR 16.507-6(b)(2): Only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.

☐ FAR 16.507-6(b)(3): 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 16.507-6(b)(4): It is necessary to place an order to satisfy a minimum guarantee.

☐ FAR 16.507-6(b)(5): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

☐ FAR 16.507-6(b)(6): The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.103 (10 U.S.C. 3406(c)(5)). Note: The public interest exception must not be used unless Congress is notified in accordance with 10 U.S.C.

3204(a)(7).

4. Determination that the anticipated cost to the Government will be fair and reasonable (FAR 16.507-6(d)(2)(v)):

This requirement is a logical follow-on to Task Order 80KSC025F7018 which was awarded to Healtheon, Inc. for construction services to provide wetland creation and wetland enhancement areas at KSC. 80KSC025F7018 has a period of performance of August 7, 2025 through September 6, 2027.

Since Healtheon subcontracts excavation contractors to perform the wetlands excavation and hauling activities, they are qualified to perform the excavation and unique procurement services required for the IPEx excavation in a timely manner. Per FAR 16.507-6(b)(1), this order must be issued on a sole-source basis in the interest of the agency need for the supplies or services that is so urgent that providing a fair opportunity would result in unacceptable delays to the Moon Base and Artemis Programs.

Additionally, all MACC II contract holders were given a fair opportunity to be considered for the original order.

A Request for Proposal (RFP) 80KSC025R7008 letter was issued to Firms Awarded the Stennis Space Center (SSC) Regionalized Multiple Award Construction Contract Two (MACC II)) on April 24, 2025.

Two firms submitted a response and Healtheon, Inc. was determined to be qualified and selected to receive the Task Order on June 26, 2025. Therefore, it is recommended that a follow on change order to the existing task order be issued to Healtheon, Inc.

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

The Government intends to obtain a fair and reasonable price as the labor rates are already established by the General Wage Determination FL20250001 dated 3/21/2025 which is incorporated into the basic award. The Government will perform a technical evaluation, and will use a combination of factors, including comparison of the proposed hours to historical hours awarded for similar requirements. The contractor’s proposed price will also be compared to the Independent Government Cost Estimate. A fair and reasonable price determination will be made prior to awarding this change order.

5. Other Facts supporting the justification (FAR 16.507-6(d)(2)(vi)):

If NASA were to procure the services to excavate and import unique material to the IPEx building from a contractor other than Healtheon, it would likely result in significant additional costs in both time and resources, as Healtheon is currently contracted and mobilized for similar activities in the Wetlands Mitigation scope. Choosing a new firm would require substantial effort needed to familiarize them with the site requirements and project scope, and to mobilize resources for the unique excavation tasks. Due to the specialized nature of the excavation activities, it would be challenging for another contractor to match the efficiency and context-specific expertise of Healtheon, Inc., who is already engaged in similar work at the site. Transitioning to a new contractor is estimated to delay the project schedule by two to three months, a critical setback given that the programmatic completion need date requirement is September 30, 2026. These delays would further impact the stringent timeline established for the Artemis and Moon Base programs.

6. 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 (FAR 16.507-6(d)(2)(vii)):

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.

Construction of the Kennedy Space Center (KSC) Wetlands Mitigation change order to include

Infrastructure Pilot Excavator (IPEx); Project Control Number: 99351

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SIGNATURE PAGE

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 16.507-6(b)(1) applies to the order.

Lorenzo T. Chance Contracting Officer

9/01/2026