Crawlerway Rock JOFOC.pdf

Rev.:7/2022

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

KENNEDY SPACE CENTER (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80KSC022Q0011, Crawlerway Rock Stock AGGREGATE #3 & #4

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) Kennedy Space Center (KSC).

The procuring agency is the NASA KSC and the contracting activity is purchase of Crawlerway Rock Stock AGGREGATE #3 & #4 for use to replace crawlerway rock that has been deemed unacceptable for use in support of NASA’s Space Launch Services (SLS) and Artemis missions. FAR Part 13, Simplified Acquisition Procedures, will be used for this action.

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 with Conrad Yelvington Distributors, Inc.

(CYDI) for the purchase of specific rock to enable to crawlerway to support future SLS and Artemis missions.

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 work to be performed consists of procuring and delivering rock that meets the KSC Crawlerway Rock specification to the DARCY site located at KSC for storage and future repairs to the crawlerway. This purchase is for up to of 3,000 tons of aggregate #3 and #4 rock which is in accordance with KSC specifications for use on the crawlerway. The total period of performance is not to exceed 120 for full delivery. The estimated value of this action is $400,000.

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 for acquisitions using the procedures in FAR subpart 13.501 is 41 U.S.C. 1901 as set forth in FAR 6.303-2.

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 41 U.S.C. 1901 as specified in 41 U.S.C. 3204(a)(1) is the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency and 41 U.S.C. 3204(a)(2) as described below.

The crawlerway located at KSC is the main transportation corridor from the Vehicle Assembly Building (VAB) and the launch pad. The crawlerway is used to move vehicles from the VAB after production to the launch pad for critical NASA launches to further near earth orbit exploration. The crawlerway rock is regularly subjected to the high pressure of the weight of both the vehicle and the crawlerway transporter when moving the vehicle from one location to another. As such, the rock is required to be constantly replenished to provide a compacted surface for safe transportation of critical NASA property.

The rock used on the crawlerway is a specific aggregate that has been in use for decades, throughout many missions and vehicles. NASA engineering has determined that no other rock would be strong enough or plentiful enough to successfully achieve the needs of transportation. While the rock can be found in more than one quarry in the U.S., the vast majority comes from Alabama and is transported to KSC via railway and truck. While other vendors may have access to the rock quarries, the selected vendor has the largest distribution network of transportation equipment that allows them to deliver the rock to KSC the fastest and cheapest. The selected vendor has provided this supply in the past and is very knowledgeable about the requirements of the rock and the processes of NASA KSC related to the crawlerway and has the fastest accesses to the specific requirements.

Additionally, during the testing phase of the Artemis I mission, the SLS vehicle has been relocated from the VAB to the launch pad and back multiple times. The weight of the Mobile Launcher, SLS Launch Vehicle and the crawler transporter is at least 3 million pounds (25%) greater than previous shuttle missions. Coupled with the multiple unanticipated trips over the crawlerway, the current rock has been expended at a faster pace than initially planned for.

Due to this, it is urgent that NASA KSC accumulate a necessary stock of the specific rock to replenish and repair the crawlerway in a timely manner. The initial launch of the SLS, Artemis I, is scheduled to take place on August 29, 2022. Should the vehicle fail to launch or is required to be moved back to the VAB for another reason, the current condition of the rock may not allow for safe continuous transport.

Based on all of the above, it has been determined by the contracting officer that only one responsible source is available to meet the specifications of the crawlerway rock as well as the ability to provide the supplies in an urgent manner.

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:

The Contracting Officer has determined that this action is exempt from the notice required in FAR 5.202(a)(2), because unusual and compelling urgency precludes competition to the maximum extent practicable and the Government would be seriously injured if the agency complies with the publicizing and response time periods specified in FAR 5.203. In accordance with 1806.303-270(a), should the supplies not be procured on an urgent basis, the government can anticipate a failure of the crawlerway. This failure may delay launch activities or the ability to protect the vehicle in the event of a natural disaster or public emergency. The potential for this failure would essentially place NASA in an environment where they would not be able to meet the needs of the congressionally instructed mission as well as expend excess funds for the program to reestablish a vehicle capable of obtaining the goals of the NASA mission.

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. This same rock was purchased previously on multiple occasions.

Utilizing past pricing data, increased for current inflation, the pricing will be evaluation for reasonability in accordance with FAR 15.4.

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:

A sources sought notification, 80KSC022990892, was prepared and posted to SAM.gov on July 18, 2022 with a response date of July 29, 2022. There were no responses to this posting.

Additionally, the contract specialist contacted other potential vendors, found via internet search, to discuss the requirements and inquire about their ability to provide the supplies. No other vendor was able to provide the rock to NASA specifications and/or within the timeframe required. At this time, it was determined that only one source would be able to meet the needs of this procurement.

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).

None

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.

CRAWLERWAY ROCK STOCK AGGREGATE #3 & #4

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

Technical Representative: I certify that the facts presented in this justification are accurate and complete.

John Giles Technical Representative

Contracting Officer: I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Brandi Roberts Contracting Officer