Centerpoint-JOFOCsign 80JSC020P0042.pdf

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Johnson Space Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

CenterPoint Energy Systems

1. Federal Acquisition Regulation (FAR) 6.303-1(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) Johnson Space Center:

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Jonson 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 a sole source purchase order to CenterPoint Energy Inc. NASA/JSC has competitively awarded a construction of facilities (CoF) project for rehabilitation and upgrades to B. 221, electrical substation that supplies power to the Center. As a result of this upgrade, supply power changes from 2000A to 4000A, NASA/JSC is responsible for NASA caused impacts to neighboring substations. This is referred to in the industry as contribution in aid of construction (“CIAC”) for the Project.

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):

As a result of the JSC construction project, discussed above, to B. 221 Electrical Substation that will change the supply power from 2,000A to 4,000A, NASA/JSC is also responsible for replacement of NASA caused impacts to neighboring substations owned by CenterPoint.

This contribution in aid of construction (“CIAC”) is directly the result of the JSC B221 Project. CenterPoint will design, procurement all items necessary, perform all construction activities, provide CenterPoint project management through completion and perform all final commissioning of the Project for replacing relay panels at substations on each side of the NASA Substation (Fairmont and Webster). CenterPoint is the owner/operator of the upline substations needing the upgrades and is the only source qualified to make the upgrades to meet NASA’s requirements.

The estimate price for this effort is $568,828 and a period of performance of one year.

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.

2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and not other supplies or service 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. 2304(c) (1) is CenterPoint is the owner and operator of the electrical substations and transmission lines that feed NASA/JSC as described below.

CenterPoint must complete the upgrade as this is in their franchise territory as the utility provider. Additionally, CenterPoint the owner and operator of the electrical substations and transmission line and is required to make upgrades at those substations to be compatible with the current electrical ring bus construction project at B. 221.

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 (beta.sam.gov) was published on March 31, 2020, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source purchase order to CenterPoint Energy.

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.

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

Due to the utilities franchise territory CenterPoint has, and CenterPoint being the owner of the substations discussed above market research is limited to confirming that no other entity can modify CenterPoint property.

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 (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above). No responses were received.

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:

Due to CenterPoint having a franchise territory as the transmission line owners I don’t see other options at this time. 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.