Fair Opportunity Exception_IDIQ task for High Capacity Torus Fab and Test_Signed.pdf

Rev.: 2/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NASA Langley Research Center (LaRC) Justification for an Exception to Fair Opportunity

Description of the action being approved:

This justification documents the basis for issuing a new Cost-Plus-Fixed-Fee (CPFF) Task Order to Ryzing Technologies (Ryzing) under Track A of the Multiple Award Inflatable Aerodynamic Decelerators (IAD) Indefinite Delivery Indefinite Quantity (IDIQ) Contract using the Exception to Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs:

This action is for a new CPFF Task Order under Track A of the Multiple Award IAD IDIQ Contract titled “High Capacity Large Scale Inflatable Torus Fabrication and Test.” The total estimated price of the proposed task order is $381,000 and the estimated period of performance is 180 calendar days after Task Order Award (TOA).

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(A), The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

FAR 16.505(b)(2)(i)(D), It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E), For orders exceeding the simplified acquisition threshold a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

Supporting Rationale:

The Exception to Fair Opportunity is requested to issue a new CPFF task order as a logical follow-on to the work previously competed and awarded to Ryzing under Track A of the IAD contract

80LARC22DA006, CPFF task order 80LARC23FA034 titled “Large-Scale Inflatable Torus Fabrciation and Test.” The efforts under the new task will continue the research and development (R&D) support required by the Vulcun Engine Recovery Aeroshell (VERA) project led by NASA Langely Research Center for the development and use of a 10m diameter aeroshell. As a result of Ryzing’s successful inflation and testing of two articles under task order 80LARC23FA034, a follow-on effort is required to fabricate and test additional torus articles using the same design, fabrication procedures, fabrication equipment and special tooling, and test methods.

A new task is needed for the fabrication of higher capacity torus test articles, utilizing the same torus geometry developed under the original task, but with an increase in inflation pressure (from 36 to 45 psi) and the higher rated GFP materials. The efforts under the new task order builds upon extensive development and work performed by Ryzing, under the previously competed task order, 80LARC23FA034. The original task efforts included detailed torus design with drawings, fabrication procedures, a custom layflat fixture for torus fabrication, special fabrication tooling, procured test equipment, developed test procedures, and developed fabrication and post-test inspection. The specific procedures already developed by Ryzing and approved by the Government, will be used to fabricate and test future torus articles under the follow-on task order.

The Contractor shall utilize the drawings, procedures, and fabrication tooling successfully developed under the original task order for the new higher capacity torus articles, which provides a significant savings in cost and time to the Government. Actual costs associated with the drawings, procedures, and fabrication tooling labor represents an investmnent of $150K+ and over three-months of extensive R&D support. Competing this requirement and potentially awarding to a new IDIQ Contractor would result in additional time,costs, and approvals to develop new drawings, procedures, and special fabrication tooling. Awarding the follow-on task for the High Capacity Torus to Ryzing, under the Exception to Fair Opportunity, is the most advantageous strategy for the Government, as their previously fabricated torus has been tested and proven to meet the requirements under the VERA project schedule and delivery of articles, ultimately resulting in a cost savings approach.

Determination that the anticipated cost to the Government will be fair and reasonable:

Ryzing will be requested to submit a cost/price proposal for the new CPFF task order to be evaluated and negotiated by the Government. Comparison of the proposed will be made to the Independent Government Cost Estimate (IGCE), and the incorporated schedule of rates for labor and indirect rates, which were previously negotiated. In addition, the cost proposal will be compared to previously awarded orders for the same or similar services performed to determine reasonableness. Prior to the execution of the task order, a cost/price analysis will be performed to ensure the final agreed-to-price for the task order is fair and reasonable.

Other Facts:

The CO will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.

INFLATABLE AERODYNAMIC DECELERATOR (IAD)

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SIGNATURE PAGE

I certify that the requirements and technical data contained herein, and which form a basis for this justification are accurate and complete.

R. Keith Johnson Contracting Officer Representative

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the information provided in this justification, and as the approving official, I have determined that the exception at FAR 16.505(b)(2)(i)(C) applies to the order.

Ashley A. Korahaes Contracting Officer