CHWIE JOFOC_Redacted1.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

LYNDON B. JOHNSON SPACE CENTER (JSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For Custodial, Housekeeping, Waste-Removal, and Insect Extermination (CHWIE)

Contract NNJ16M07C with the Native Resource Development Company, Incorporated

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 “JOFOC.”

This document is a JOFOC prepared by NASA JSC, Houston, Texas.

The procuring Agency is NASA and the contracting activity is JSC.

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 for additional facilities support services with Native Resources Development Company, Incorporated (NRDCI) until the follow-on Custodial Contract is awarded. The current CHWIE contract, NNJ16JM07C, period of performance started on October 1, 2016, and ends December 31, 2021. The justification allows for the period of performance of the current CHWIE contract to extend beyond the current 4-year and 9-month base/option periods and 6-month Option to Extend Services extension period approved in previous contract options. The justification allows for the current contract to be extended by six 1-month option periods of additional performance. The Glenn Research Center (GRC) is currently awarding a competitive General Service Administration delivery order for JSC Custodial services. This justification is necessary as the follow-on contract vehicle has not yet been awarded and is not anticipated to be awarded and phased-in prior to the completion of the current contract. The current GRC schedule shows a contract start date of March 1, 2022. These options will provide JSC with the ability to quickly provide continual contract coverage in the event the GRC is not able to award a follow-on procurement vehicle, and complete the phase-in period by December 31, 2021, or if the follow-on procurement is protested.

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):

The CHWIE contract is a single contract serving all three work sites, JSC, Sonny Carter Training Facility, and Ellington Field, and consists of basic, regularly scheduled services including: drinking fountain and wash station cleaning; mirror and glass cleaning; elevator cleaning; dusting/cleaning entrances, hallways, and carpeted areas; clean and service restrooms, medical offices, and laboratories; machine scrub restroom floors; clean inside stairs, stairwells, ramps, and landings; clean inside floors; hard floor cleaning; vacuum carpet and rugs; spray buffing in hallways; dusting/cleaning; recycling program; solid waste removal; strip, seal and wax/finish hard floors; steam clean carpet/rugs; pest control;

emergency services; and special events.

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 United States Code (U. S. C) 2304(c)(1). As implemented by the provisions of FAR 6.302-1(a)(2)(iii), only one responsible source and no other supplies or services will satisfy Agency requirements. This authority allows for other than full and open competition when the supplies and services are deemed to be available only from one responsible source when it is likely that award to another source would result in unacceptable delays in fulfilling the 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:

Due to unforeseen circumstances the recompete for the Mission Support Transformation follow-on custodial services contract have been delayed and the follow-on contact vehicle is currently in the process of being recompeted. The time required for another contractor to transition into the role is not practical and poses a high risk to JSC’s ability to continue these services. Any lapse in the services would be harmful to the mission as NRDCI has been vital in the role of keeping the Center open and healthy during the COVID-19 pandemic. Due to the limited time of services needed while the recompete is completed and expectation of having an incoming contractor assume roles and responsibilities of the CHWIE services, it would not be financially viable for a new contactor to take over the contract for a limited time. The time taken for a competitive procurement to serve as a contract bridge would be financially and administratively burdensome and is not part of the overall Agency plan mandated by the MAP.

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 October 12, 2021, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to proceed with a Sole Source contract for a short extension (6 months max) while the new contract is being recompeted in pursuant to the authority of 10 U. S. C. 2304(c)(1) as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy Agency requirements. The results of this synopsis are summarized below is section 10.

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 Contractor shall be required to submit a proposal to be evaluated by the Government to ensure that prices remain in line with those already competed under commercial proceedings at the time of initial contract award and updated through Collective Bargaining Agreement

(CBA) negotiations. The proposal for the work done under the Indefinite-Delivery Indefinite-Quanitity portion of this contract shall be in-line with the previously competed and negotiated rates for this work that was accepted by the Government at the onset of this contract. Prior to execution of the contractual instrument, a proposal analysis will be performed to verify the continuity of these rates, and a technical evaluation will be performed to ensure that the proposed labor hours and materials are fair and reasonable. 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:

Based on the synopsis posted on October12, 2021, the Government determined the cost to transition another company to perform the services for only an up to optional 6-month period of performance would be cost prohibitive and not in the best interest to either party. The Government received eight responses to the synopsis. While NRDCI did not submit a formal response to the synopsis, they are aware of the possible action and are willing to support.

None of the respondents have current past history within the same scope of this requirement to show they would be able to take over this contract for a 30-day period without a phase-in.

The respondents’ previous history shows a much smaller scale scope and work force.

Currently there are over 60 contract employees working on the CHWIE contract which cover over 3.3 million square feet of interior floor space. Seven of the eight respondents do not have experience in managing union employees and none of the respondents showed that they currently work with the current union, The International Association of Machinists and Aerospace Workers. The short period of performance would not be advantageous for a new contactor to come to terms with an agreement for a new CBA.

Furthermore, the time associated with recompeting the requirements would significantly disrupt services and hinder the Government from meeting its immediate needs while the follow-on contract in support of this effort is being solicited. The Government team has no reasonable expectation for market fluctuation that would require a subsequent survey to be necessary.

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). A synopsis for this effort was posted in the GPE (sam.gov) on October 12, 2021, and closed on October 26, 2021. The follow companies responded.

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:

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.