99588.1 - Repair Culverts Phase 2 ESDC JEFO_signed_redacted.pdf

Rev.:3/2025

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center

Justification for an Exception to Fair Opportunity for

Engineering Services During Construction of Repair Culverts, Various Locations, Phase 2, KSC, FL, Project Control Number: 99588.1

Description of the action being approved: This justification documents the basis for issuing an order under the Southeast Regional Architect and Engineer (SERAE) contract 80KSC022DA119, Jones Edmunds, using an exception to the Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs: This action is a firm-fixed price order, for architect and engineering (A&E) services during the Engineering Services During Construction (ESDC) of Repair Culverts, Various Locations, Phase 2, PCN

99588.1 The total estimated price of the proposed order is $ and the estimated period of performance is 224 calendar days from date of award.

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.

FAR 16.505(b)(2)(i)(G), The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 (10 U.S.C. 3406(c)(5). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

Supporting Rationale:

The requirement for the design of the Repair Culverts, Various Locations, Phase 2, was issued through a Request for Technical Qualifications Narrative (TQN) to the nine A&E firms under the multiple-award SERAE contract:

80KSC022DA114 – BRPH Architects Engineers, Inc. (BRPH), 80KSC022DA115 – Merrick, 80KSC022DA116 – RS&H, Inc. (RS&H), 80KSC022DA117 – AECOM Technical Services, Inc. (AECOM), 80KSC022DA118 – TSGHD AF JV1(TSGHD), 80KSC022DA119 – Jones, Edmunds & Associates, Inc (JE), 80KSC022DA120 – Johnson-McAdams Firm, P.A., THE (JMA), 80KSC022DA121 – Nelson Engineering Company (Nelson), 80KSC022DA122 – Jacobs Engineering Group Inc. (Jacobs).

Five firms of the nine submitted TQN narratives; AECOM, Jacobs, Jones Edmunds, Nelson, and TSGHD AF JV1. Each TQN was evaluated, and Jones Edmunds was selected to provide a fee proposal on July 19, 2023.

Jones Edmunds has been involved in the design of this project from the beginning, their expertise and knowledge in this area has increased since that selection. Jones Edmunds is the only A&E firm with the specialized expertise and knowledge of the engineering requirements and location specifics of Repair Culverts, Various Locations, Phase 2 at KSC. This previous experience provides necessary information that Jones Edmunds has the necessary tools to effectively perform the ESDC engineering services in support of the construction activities associated with this project.

Jones Edmunds is the Engineer of Record (EOR) for the design and possesses unique, site-specific knowledge of the design intent, permitting constraints, and environmental considerations. Their continued involvement is essential for efficient and accurate ESDC, including:

Technical review and disposition of submittals, RFIs, and deviation/waiver requests Site visits and engineering analysis Clarification of design documents and specifications.

Engaging a different firm would require significant time and cost for the new contractor to review and assume responsibility for the design, which could delay construction and increase risk. Therefore, this action qualifies under FAR 16.505(b)(2)(i)(C) as a logical follow-on to a previously issued order under the SERAE contract, where all awardees were given a fair opportunity to compete.

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

The Government will ensure a fair and reasonable price through the following steps:

Use of Pre-Negotiated Rates: The contractor will utilize labor hour rates established under the SERAE Advanced Pricing Rate Agreement (APRA), which were previously determined to be fair and reasonable and are part of Jones Edmunds base award, 80KSC022D0A119, awarded on September 10, 2021.

Technical Evaluation: The Government will conduct a technical evaluation of the proposed hours and labor categories. This includes math verification, comparison to the Independent Government Cost Estimate (IGCE), and review of historical labor hours for similar efforts.

Negotiation (if necessary): The Government reserves the right to negotiate proposed hours to ensure alignment with the scope and value of the effort.

These steps are consistent with FAR 15.404-1 and will ensure the Government receives best value.

Other Facts:

Jones Edmunds previously performed the design of this project under Task Order 80KSC024FA091, valued at , and demonstrated successful performance as reflected on their CPARS evaluation. Their specialized knowledge as the EOR will result in labor cost savings and reduce the risk of design misinterpretation. If another firm were selected, it would require approximately 30% more labor cost to the ESDC contract to review and assume responsibility for the design. This would also introduce delays and increase the risk of errors during construction.

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.

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SIGNATURE PAGE

Engineering Services During Construction of Repair Culverts, Various Locations, Phase 2, KSC, FL Project Control Number: 99588.1

I certify that the requirements and technical data contained herein, and which form a basis for this justification are accurate and complete.

Kailey Younkin Technical Representative

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 16.505(b)(2)(i)(C) applies to the order.

Jesus Lugo Jr Contracting Officer

Kailey Younkin

Digitally signed by Kailey Younkin Date: 2025.11.05 08:22:02 -05'00'

Jesus Lugo Digitally signed by Jesus Lugo Date: 2025.12.05 10:08:40 -05'00'