Boeing SSFL JOFOC Redacted_Redacted_.pdf

Rev.:5/2024

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

GEORGE C. MARSHALL SPACE FLIGHT CENTER (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Boeing - Santa Susana Field Laboratory (SSFL)

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

National Aeronautics and Space Administration (NASA) MSFC.

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

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 a sole-source contract to The Boeing Company (Boeing) for a cost reimbursement (no fee) contract to provide electrical usage, Groundwater Extraction and

Treatment System (GETS) Operations, stormwater and surface water treatment operations, emergency contingency operations, and Los Angeles Regional Water Quality Control Board

(LARWQCB) services for NASA’s portion of the Santa Susana Field Laboratory (SSFL).

This contract will be a follow-on contract to 80MSFC20C0039 with Boeing for continuation of reimbursement for the same GETS, LARWQCB services. These items are associated with

SSFL in the state of California. NASA MSFC is under two Orders with the State of

California, Environmental Protection Agency, and Department of Toxic Substances Control for the mandated cleanup of soil on a portion of SSFL. The first, a Consent Order for

Corrective Action (COCA), dated August 16, 2007, and the second an Administrative Order on Consent for Remedial Action (AOCOCA), dated December 6, 2010.

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):

This proposed sole source contract will provide NASA access to NASA-administered

SSFL property by way of an access easement over Boeing property to continue the mandated remediation effort on NASA property.

NASA is responsible for the electrical service and usage in connection with the SSFL property, as well as the GETS and the LARWQCB costs. The price per year is estimated to be . The total price over a 10-year period of July 17, 2025 through July 16, 2035 is estimated to be .

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(a)(1), as implemented by FAR 6.302-1 Only One Responsible Source and No Other

Supplies or Services Will Satisfy Agency 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 10 U.S.C. 3204(a)(1) is the mandated remediation of

SSFL by NASA via Consent Orders. NASA is responsible for the 451 acres of Federal land at the center of SSFL, which is surrounded by Boeing-owned land and facilities. As a result, the electrical usage, LARWQCB permitted GETS Operations and stormwater management, and security and emergency contingency response required by NASA are available only through Boeing. Due to geographic limitation, no other contractor is capable of providing the services NASA requires.

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 notice to the Government Point of Entry (GPE) website (Sam.gov) was published on

January 24, 2025, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to Boeing. The results of this synopsis are summarized in Section 10 below.

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:

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 instrument, 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.

The estimate is based on historical costs for the previous Boeing – SSFL contracts. There is no labor associated with this contract, and the costs function similar to utilities. Boeing is the only available provider, and has not issued any unreasonable costs to the Government in the previous ten years. The cost for electrical usage will be invoiced at actuals without burdens or fee.

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 (e.g., urgent, and compelling requirement):

Market research was not conducted as the circumstances necessitating a sole-source contract have not changed from the previous two contract iterations. Boeing remains the only possible offeror to meet NASA’s requirements.

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 was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). The synopsis was posted on

January 24, 2025, and closed on February 8, 2025. There were three written expressions of interest resulting from posting the synopsis on the GPE from the following vendors:

1. Yukon Technology

2. Solved Engineering, Inc.

3. BHPE, LLC

All three vendors provided a brief statement of interest, along with a one-page capability statement. Additionally, Solved Engineering, Inc. requested the solicitation be set-aside for

Competitive 8(a), Black American Owned businesses. They also stated that if it was set-aside, they planned to submit a formal response.

Despite the statement of interest from the vendors listed, the rationale provided in Section 5 prevent other vendors from meeting NASA’s requirements.

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:

There are no known actions which the agency may take to remove or overcome barriers to competition before any subsequent acquisition for the administrative services required. This contract will enable continued MSFC performance of remediation effort at SSFL.

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.