ASC Extension JA 20240726 Fully Executed.pdf

National Science Foundation

2415 Eisenhower Ave • Alexandria, Virginia 22314-4684

25 July 2024

JUSTIFICATION AND APPROVAL

SUBJECT: Antarctic Support Contract NSFDACS1219442

Justification for Other Than Full and Open Competition

The purpose of this memorandum is to capture, in accordance with FAR Part 6 requirements, the circumstances and rationale supporting the use of other than full and open competition in regard to exercise of a period of performance extension for the subject contract under its incorporated FAR 52.217-8 provision. As this extension was arguably unpriced at the time of the underlying contract award, justification and approval for this action is required out of an abundance of caution.1 This memorandum is a product of the known facts and circumstances during the period in which it was written.

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and consistent with the content requirements of FAR 6.303-2(b), the following facts and rationale justify the use of such authority.

6.303-2(b)(1): Agency and Contracting Activity.

The Division of Acquisition and Cooperative Support, Polar Branch proposes, to extend the term of Antarctic Support Contract NSFDACS1219442 on behalf of the Office of Polar Programs, on a basis of other than full and open competition.

6.303-2(b)(2): Nature and/or description of the action being approved.

The intent of the National Science Foundation (NSF) is to exercise a period of performance extension for the subject contract, in accordance with the authorities available via the contract’s clause 52.217-

8. The contract contains an individual deviation of 52.217-8:

52.217-8 OPTION TO EXTEND SERVICES (DEVIATION) (SEP 2008)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 18 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

The deviation includes an extension period which may not exceed eighteen (18) months. For the subject justification, NSF’s intent is to exercise the full allotment of eighteen months. While this justification does not pertain to the award of a new requirement, but rather the performance extension of an existing contract, this eighteen-month FAR 52.217-8 extension arguably was not evaluated as

1 To the extent it becomes necessary or advisable to so show, NSF reserves all rights to contend that the option to extend the contract here under FAR clause 52.217-8 was in fact evaluated as part of the initial competition consistent with FAR 17.207(f), so that the exercise of this option does not amount to a contract extension beyond the scope of the contract, and therefore does not effectively constitute a new procurement, requiring justification and approval.

part of the initial competition (award date: 23 December 2011), as a result justification and approval is arguably required.

The contract’s current performance end date is 31 March 2025. This eighteen-month extension would move performance end to 30 September 2026. This extension will accommodate the execution of the follow-on procurement for this requirement and will enable both additional vendor engagement and an extended transition period between vendors. Supporting site visits to McMurdo Station in Antarctica, and the opportunity to provide a transition period capturing a greater volume of the contractual requirement, constitute the significant factors in the decision to extend by eighteen months.

Site visitation to McMurdo Station, USAP’s largest on the continent, can only be reasonably accommodated during Antarctic summer (Oct-Feb), therefore, to maximize proposal comprehensiveness, the solicitation release and proposal window needs to align such that a site visit can occur between these months. Accommodating a site visit means that a schedule slip for the procurement may not necessarily have a 1-to-1 impact on time lost versus time added; in this case, NSF was not able to execute site visits in the prior summer period due to acquisition planning and market intelligence activities taking longer than anticipated. Missing this window does not allow an equivalent movement in schedule on the order of months, but rather delays the procurement by at least seven months until the start of the next window.

Therefore, NSF is contemplating hosting site visits at the end of the forthcoming summer season, in February 2025. To accommodate site visits, visiting personnel must go through physical qualification.

The minimum timeframe to process an individual so they would be prepared to visit is ten weeks.

Therefore, identification of visitors for a February 2025 visit must occur in late November or Early December of 2024.

Upon completion of site visitation, offerors will need time to incorporate this information into their proposals for submission to NSF, after which time NSF would need to perform source selection.

Assuming source selection has no delays, it may be complete by September 2025. This would allow a year-long transition between incumbent contractor and the new awardee. NSF considers a longer period of transition than six months sufficiently advantageous to NSF, the awardee, and the supported scientific community, in that it will provide greater continuity of services and allow the awardee to participate in transition activities which may comprise both planning for a scientific season and its execution.

6.303-2(b)(3): A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Broadly, the Antarctic Support Contract (ASC) provides NSF, and by extension the scientific community and its various stakeholders, many of the necessary services to support science and research activities in the Antarctic. The United States Antarctic Program (USAP) is the activity through which the U.S. Government expresses the national interest in Antarctica.

Managed and funded by the National Science Foundation, Office of Polar Programs (NSF/OPP), the USAP fulfills the direction of the President2 to maintain an "active and influential presence in Antarctica designed to support the range of U.S. Antarctic interests." The USAP includes scientific research conducted by universities and research institutions, as well as by other Federal agencies, and interacts with other international Antarctic programs in support of science. The USAP operates within the framework of the Antarctic Treaty System and U.S. implementing laws.

2 See also National Security Memorandum/NSM-23 (17 May 2024) https://www.nsf.gov/geo/opp/ant/memo_6646.jsp https://www.whitehouse.gov/briefing-room/presidential-actions/2024/05/17/national-security-memorandum-on-united-states-policy-on-the-antarctic-region/

The USAP objectives are to expand fundamental knowledge of the region, foster research on global and regional problems of current scientific importance and use the region as a platform from which to support research that can only be done or is best done in Antarctica. The ASC is the vehicle through which many of the USAP objectives are accomplished and through which USAP’s essential engineering, research, or development capabilities provided by grantees and other entities are maintained. The objective for the ASC is to provide NSF with decision support, design, planning, implementation, and operations/maintenance of research infrastructure to achieve the USAP objective and capabilities stated above. The ASC represents a comprehensive logistics contract, providing the resources necessary to sustain scientific operations in a remote environment. ASC provides extensive integration across numerous, complex mission areas ranging from flight operations to cargo movements, including facilities management and construction.

Performance periods under ASC run from 1 October to 30 September of a given fiscal year. The services required to meet the agency’s needs consist of fulfilling the requirement for the full duration of FY25 and FY26, with FY26 capturing transition activities between the incumbent contractor and the follow-on awardee. NSF has an estimated value for this eighteen-month extension at $300M, based on prior operational years but also incorporating the transference of performance, and the associated cost, from one contractor to another.

6.303-2(b)(4) An identification of the statutory authority permitting other than full and open competition.

NSF is citing 6.302-3 “Industrial mobilization; engineering, developmental, or research capability; or expert services”.

The principal text of the authority is in 6.302-3(a)(2) [emphasis added]:

Full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order-

(i) To maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization;

(ii) To establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or

(iii) To acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Specifically, NSF cites the authority captured in section (ii). 6.302-3(b) states in relevant part that use of the authority in 6.302-3(a)(2)(ii) may appropriate under the following conditions [emphasis added]:

(i) Establish or maintain an essential capability for theoretical analyses, exploratory studies, or experiments in any field of science or technology;

(ii) Establish or maintain an essential capability for engineering or developmental work calling for the practical application of investigative findings and theories of a scientific or technical nature; or

(iii) Contract for supplies or services as are necessary incident to paragraph (b)(2)(i) or (ii) of this section.

As established in the discussion on the description of supplies and services being provided, the ASC contract for supplies and services provides a range of necessary support required to occupy three U.S.

stations year-round and execute or maintain scientific operations in the Antarctic region. Without the logistical, communications, facilities, infrastructure, transportation, and science equipment support provided by the ASC, occupation of the stations and execution of research in Antarctica would not be possible. Thus, the ASC represents a contract which is a “necessary incident” to “maintain an essential capability for […] exploratory studies, or experiments in any field of science or technology”.

https://www.acquisition.gov/far/6.302-3

To be sure, NSF considers the maintenance of its capabilities to be essential for several reasons, including that they are an integral instrument to ensure critical U.S. national interests at an international level, as reflected in the President’s National Security Memorandum dated May 17, 2024. This is in addition to the scientific and engineering merit these capabilities may carry, some of which cannot be reasonably executed outside the region.

The ASC represents a critical component of successfully executing the USAP mission, which is a presidential mandate to NSF. NSF, through USAP, is tasked with maintaining an active and influential presence in Antarctica on behalf of the United States. USAP’s execution of science and engineering activities in the Antarctic region is how the US maintains an active, influential presence. NSF considers these activities essential for several reasons, including that they are an instrument of executing national policy with international impact. This is in addition to the scientific and engineering merit these activities may carry, some of which cannot be reasonably executed outside the region.

6.302-3(b)(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The follow-on contract will not be ready to award such that a transition period which accommodates a safe transition period of at least twelve months can be accomplished by the current performance end date in March 2025. NSF considers a shorter transition period to create undue risk to human health and safety.

A limited-scope contract or ‘bridge contract’ is not considered viable. To hold a successful competition for a potential bridge contract even on a limited basis, vendors would likely need to perform site visits to better understand the requirement and their responsibilities. This is prohibitively challenging, given that there is no routine airlift supporting McMurdo Station during the Antarctic winter (Mar-Sept). Traveling to and from McMurdo Station is dangerous during this time and, because the pace of activity is minimal in the winter, doing so would not offer vendors commensurate utility given the risk involved.

NSF does not contest that logistic support services for base operations, even for those in remote locations, exists in the commercial market. Nor does it contest that commercial solutions are available for scientific operations support, remote communications, air transportation, sea transportation, facility maintenance and construction, emergency and conventional medical services, among other services, exist.

For this justification, NSF’s requirement is that a vendor be capable of immediately launching into the integration of all these highly specialized services and be willing to do so for a period not exceeding eighteen months, in a way that does not cause undue risk of harm to the personnel affected by these life-supporting services and/or that otherwise continues to maintain the essential capabilities at issue. NSF is not aware of a method, vendor, or opportunity capable of fulfilling this need beyond leveraging the existing contract extension available to it. While there are commercial vendors conducting operations on continent for other national programs, none of those operations are of the scale and complexity of the U.S. program.

A significant challenge to fulfilling the requirement for a relatively short duration is successful hiring of the necessary seasonal workforce; seasonal workers, used to fulfill positions during Antarctic summer, number in the hundreds. Credible risk exists that a bridge contract would harm workforce continuity, increasing risk of operational failure and, most importantly, unacceptable and significant risk to personnel safety if disruptions occur to medical, firefighting, and runway operations staffing.

Piecemeal acquisition of the above services, and having NSF operate as the integrator, is also not considered a viable form of maintaining the essential capabilities. Considering that the current management scheme has been in effect since before 2011 (current contract award), this would constitute a drastic change in the organization of the cognizant program, a change which could not be accomplished in the period of time provided.

6.303-2(b)(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is 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.

This contract action, an extension, will not be subject to competition. This extension does accommodate a more robust vendor-engagement and market research period for the follow-on requirement, such that interested parties will be able to see the draft solicitation and provide feedback to NSF. This extension also accommodates an extended transition period, which is intended to decrease risk for both NSF and follow-on awardee.

NSF will adhere to the publication requirements under FAR 6.305. See also FAR 6.302-3(c). This action will not be synopsized in accordance with exception 5.202(a)(10). Under this exception, synopsis is not necessary when the action is made under the conditions described in 6.302-3, the authority cited for this justification and approval.

6.303-2(b)(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual extension, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable.

By exercising an extension, versus award to a new vendor for the same period, NSF hopes to have continuity in cost escalation between performance periods, as the incumbent vendor will be in a position to leverage existing subcontracts and arrangements, thereby avoiding potential ‘start-up’ costs another offeror could reasonably expect. The exercise of the full length of the extension also allows the incumbent contractor to better prepare for the FY26 performance period, allowing continuity into the transition period from which the follow-on awardee can utilize or otherwise benefit from.

6.303-2(b)(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Specific market research has not been conducted for this contract action. FAR Part 6 contemplates the application of market research in the context of a new contract award, which is not the subject of this justification. However, market research for the follow-on has informed NSF’s assessment of available options; it has highlighted the importance of vendors seeing sites prior to proposing, and that the complexity of the requirement makes it likely that groups of vendors – each with specific capabilities – are likely to enter into teaming arrangements to satisfy the whole of the requirement.

The establishment and commitment of teaming arrangements presents a challenge for responding to quick-turn notices and requirements.

6.303-2(b)(9) Any other facts supporting the use of other than full and open competition[.] https://www.acquisition.gov/far/part-6#FAR_6_303_2__d403e41 https://www.acquisition.gov/far/part-5#FAR_5_202__d339e93

NSF has not identified any other facts supporting the use of other than full and open competition beyond those identified elsewhere in this justification.3

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

No sources have expressed an interest in providing services during the incumbent contract’s FAR 52.217-8 period, a contract action that is distinct from the contract to form the follow-on, competitive contract.

6.303-2(b)(11) A statement of the 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.

NSF’s intent is that this extension will allow greater market engagement on draft solicitations and enhance competition for the follow-on requirement. Given the complexity and duration of the requirement, it behooves NSF to maximize competition available, such that NSF has the highest confidence possible that successful performance will be maintained through the lifespan of the contract.

6.303-2(b)(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

This justification is accurate and complete to the best of the undersigned contracting officer's knowledge.

See Next Page for Certifications and Signatures

3 To the extent this justification and approval is required to render the FAR 52.217-8 option exercisable, NSF reserves all rights to contend that it is supported by other statutory authorities under FAR Subpart 6.3, if it becomes necessary to do so. For example, FAR 6.302-1 further supports this action as there are multiple reasonable bases to conclude that the agency’s minimum needs can only be satisfied by the incumbent contractor’s unique supplies or services during the 18-month period at issue. For example, only the incumbent can fulfill the requirements during this window without onboarding or transition, and they must remain present to accommodate transition for the future awardee.

Certifications & Signatures

Contractor Officer Certification; per FAR 6.303-2(b)(12): The contracting officer must certify that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

In accordance with 6.303-2(b)(12), the undersigned contracting officer does certify that this justification is accurate and complete to the best of their knowledge and belief.

William Engelhart Date Contracting Officer Division of Acquisition and Cooperative Support

Technical Certification; per FAR 6.303-2(c): Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

In accordance with 6.303-2(c), the undersigned technical representative does certify that determinations that the services are “essential” are within the meaning of the cited authority, and that discussions of schedule and technical requirements are complete and accurate.

Stephanie Short Date Section Head Antarctic Infrastructure & Logistics

Approving Authority; per FAR 6.304(a)(4): Justification for other than full and open competition shall be approved in writing by the senior procurement executive of the agency designated pursuant to 41 U.S.C. 1702(c) in accordance with agency procedures for a proposed contract over $75 million or, for DoD, NASA, and the Coast Guard, over $100 million.

In accordance with 6.304, the below signature constitutes approval by the National Science Foundation’s Senior Procurement Executive.

Patrick Breen Date Senior Procurement Executive National Science Foundation