ISRDS3 Ceiling increase JOFOC 090123 REDACTED.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Intelligent Systems Research and Development Support-3 (ISRDS-3)

Contract No. 80ARC020D0010

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), Ames Research Center (ARC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Ames Research Center (ARC). This document is recorded in the ARC Office of Procurement JOFOC log as JA-FY23-J13.

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 increase the contract value under the IDIQ CLINs of the ISRDS-3 contract, 80ARC020D0010, with KBR. The ISRDS-3 contract provides research, development, and technology infusion support services to support the Intelligent Systems Division (hereafter referred to as Code TI, or “the Division”) located at ARC in Moffett Field, California, and other external technical requirements within the contract’s Statement of Work.

The ISRDS-3 contract is structured as a single award hybrid contract that consists of Phase-in, Core Management and Core Technical at the main contract level. The contract also consists of Indefinite Delivery/Indefinite Quantity (IDIQ) Task Orders that support additional requirements under the main contract.

The current period of performance of this contract, including options, is from 03/01/2020 to 04/30/2028. The contract is currently in Option 1 period (05/01/2022 to 04/30/2024).

The IDIQ requirements are placed under Cost-Plus-Fixed-Fee (CPFF) and Firm-Fixed Price task orders:

Base period (5/1/2020 – 4/30/2022)

- CLIN 4 CPFF IDIQ Task Orders: 80ARC020F0081 and 80ARC020F0082

- CLIN 5 FFP IDIQ Task Order: not issued Option period 1 (5/1/2022 – 4/30/2024)

- CLIN 8 CPFF IDIQ Task Orders: 80ARC022F0042 and 80ARC022F0043

- CLIN 9 FFP IDIQ Task Order: not issued Option period 2 (5/1/2024 – 4/30/2026)

- CLIN 12 CPFF IDIQ Task Orders: TBD

- CLIN 13 FFP IDIQ Task Order: TBD Option period 3 (5/1/2026 – 4/30/2028)

- CLIN 16 CPFF IDIQ Task Orders: TBD

- CLIN 17 FFP IDIQ Task Order: TBD

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 stated in Section 2, the IDIQ CLINs support additional requirements and projects under the main contract. The areas of development include Robotics, Data Systems, Machine Learning, Modeling, Software Development, Aeronautics, Urban Air Mobility, Airspace Management, Mission Operations, Model Analysis Visualization, and Systems Integration.

After the contract was awarded, ARC was given the lead role for the Volatiles Investigating Polar Exploration Rover (VIPER), which is a lunar rover developed to be delivered to the surface of the moon in November 2024. This project increased the requirements for the expertise that exists in Code TI for flight missions by over 30 WYE over the course of 3 years. At the same time, Code TI has fielded several requests from ARC and other Centers for adding their work onto the contract. The contract has been able to accommodate those relevant to the Statement of Work, but given this unforeseen increase, the contract would not be able to accommodate other external requirements from critical future programs.

Of the total current contract value of $400,000,000, the value of the core requirements is $254,400,000, and the value of the IDIQ requirements is $145,600,000. VIPER requirements, as well as future programs such as Helioswarm and Gateway, have created the need for approximately $40,000,000 additional budget in the IDIQ portion of the contract.

Therefore, the purpose of the action being approved is to increase the total estimated value of the IDIQ requirements from $145,600,000, by $40,000,000, to $185,600,000. On aggregate, this increases the total contract value from $400,000,000 to $440,000,000.

The table below provides a current and updated values of each CLIN if the increase amount of $40M is approved for the IDIQ portion:

CLIN FROM BY TO

Base (3/1/2020 to 4/30/2022) $108,334,193.02 $0.00 $108,334,193.02

1 (Phase-in) $116,620.00 $0.00 $116,620.00

2 (Core Management FPP) $2,818,317.00 $0.00 $2,818,317.00

3 (Core Technical CPFF) $46,336,838.00 $0.00 $46,336,838.00

4 (IDIQ CPFF) $59,052,418.02 $0.00 $59,052,418.02

5 (IDIQ FPP) $10,000.00 $0.00 $10,000.00

Option 1 (5/1/2022 to 4/30/2024) - Current $109,310,778.00 $2,000,000.00 $111,310,778.00

6 (Core Management FPP) $2,765,481.00 $0.00 $2,765,481.00

7 (Core Technical CPFF) $61,899,297.00 $0.00 $61,899,297.00

8 (IDIQ CPFF) $44,636,000.00 $2,000,000.00 $46,636,000.00

9 (IDIQ FPP) $10,000.00 $0.00 $10,000.00

Option 2 (5/1/2024 to

4/30/2026) $92,616,083.00 $20,500,000.00 $113,116,083.00

10 (Core Management FPP) $2,689,587.00 $0.00 $2,689,587.00

11 (Core Technical CPFF) $65,596,496.00 $0.00 $65,596,496.00

12 (IDIQ CPFF) $24,320,000.00 $20,500,000.00 $44,820,000.00

13 (IDIQ FPP) $10,000.00 $0.00 $10,000.00

Option 3 (5/1/2026 to

4/30/2028) $89,738,945.98 $17,500,000.00 $107,238,945.98

14 (Core Management FPP) $2,770,953.00 $0.00 $2,770,953.00

15 (Core Technical CPFF) $69,406,411.00 $0.00 $69,406,411.00

16 (IDIQ CPFF) $17,551,581.98 $17,500,000.00 $35,051,581.98

17 (IDIQ FPP) $10,000.00 $0.00 $10,000.00

From By To

Total $400,000,000.00 $40,000,000.00 $440,000,000.00

Core $254,400,000.00 $0.00 $254,400,000.00

IDIQ $145,600,000.00 $40,000,000.00 $185,600,000.00

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), only one responsible source and no other supplies or services will satisfy the needs of the agency, as implemented by FAR 6.302-1 (a)(2)(iii), for DOD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's 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 contractor is the only responsible source to continue to perform critical programmatic requirements that are inherently integrated into the core of this single award contract. Details are described below.

The ISRDS-3 contract was competitively awarded to KBR for the potential period of performance from 3/1/2020 to 4/30/2028. This action is merely to increase the value of the IDIQ CLINs in order to fulfill the requirements through the contract period of performance.

This action does not require the contract to be extended.

The largest portion of the contract Statement of Work is under the Core Technical requirements and implemented via Technical Direction, and additional requirements to leverage research from the Core Technical Directions are performed via IDIQ Task Orders.

Therefore, as a single-award IDIQ contract, it is not feasible nor reasonable to have another contractor to perform the increased portion of the IDIQ requirements. This would cause a tremendous duplication of cost and unacceptable delays due to the unavoidable start-up and related learning curve while transferring existing Task Orders performance from the current contractor to a new one.

The performance of KBR on this contract has been a major contributor to enabling intelligent software technology research and development for NASA in all the Agency Mission Directorates. The Division’s responsibility, through this contract, to provide advanced technologies to the various missions require continued research, integration, enhancements, verification and validation, operational support and lessons-learned captured. The contractor staff is involved in all phases of the mission, from design through operation/flight, and even with mission closure. It is important for contractor’s best practices, lessons-learned, unparalleled experience, and technical expertise to be retained through the entire life of the contract. This is especially true as VIPER launch occurs and follow-on programs transition to execution where ISRDS-3 technology skills are required.

In addition, multiple Data Rights, Copyright Assignments, and Software License Agreements between NASA and KBR have been issued under the IDIQ Task Orders as required by the terms and conditions of the contract. It would cause an unreasonable duplication of effort and cost to have the IDIQ performed by another contractor.

For all the reasons above, the current contractor is the only responsible and capable source that can reasonably and efficiently satisfy the requirements under ISRDS-3 contract.

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 August 7, 2023, and closed on August 21, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this action as sole source to KBR. 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 CO’s signature on this document indicates that the CO has determined that the anticipated cost to the government will be fair and reasonable. The modification to the contract to increase the ceiling of the IDIQ CLINs will not require a cost/price analysis. Prior to issuing Task Orders under the IDIQ CLINs, the Contractor shall be required to submit a proposal for each IDIQ Task Order to be evaluated and negotiated by the Government and, a proposal analysis will be performed for each Task Order. The proposal analysis will include technical evaluation and cost/price analysis to 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 market research was not conducted:

In accordance with FAR part 10, NASA ARC conducted market research on multiple sources to support the decision to increase the value of the IDIQ requirements as sole source to the current Contractor. These sources include:

- The Contracting Officer (CO) consulted with the Contracting Officer Representative

(COR), alternate CORs and ISRDS-3 Task Leads, who have over 30 years of experience all together, and are SMEs on this effort.

- - A search was performed on GSA to explore the option to use One Acquisition Solution for Integrated Services (OASIS) schedule. The CO determined that OASIS, and GSA schedules in general, cannot support the current contract structure (CPFF, IDIQ) because ARC will have to compete, negotiate, award, and administer each task order as an individual contract under OASIS, and those task orders would by design be competed among the OASIS contractors, which conflicts with ARC’s single-award strategy for ISRDS-3 contract. In addition, no subcontracting allowed on OASIS at task order level, which does not support the ISRDS-3 large multidisciplinary R&D requirements. Further, ARC would have to pay a contract access fee of .25% of total obligated amount for using

OASIS.

- - A search was conducted on SBA Dynamic SB Search website using NAISC 541715 and keywords "Intelligent Systems" and "Research and Development" resulted no matches.

- - A search was conduct on Contractdirectory.gov website using keywords "Intelligent Systems" and "Research and Development" resulted no matches.

- A synopsis was published on (Sam.gov) from August 7, 2023 through August 21, 2023, in accordance with FAR Subpart 5.2, results no responses. No other source expressed interest in providing the required service solely for the CPFF IDIQ portion of the contract.

The results of the market research concluded that KBR is the only responsible source that can reasonably and efficiently satisfy the IDIQ requirements under this contract.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

The COR and alternate CORs of this contract concur that KBR is the only responsible source reasonably capable of continuing to provide the services required to support programs and projects under the IDIQ requirements, without unacceptable delays or substantial duplication of costs to the Government. Task orders performance—in terms of safety, milestones, scheduled metrics, and deliverables—is of high quality, well organized, prioritized, and safely completed on time and within budget. Since the award of the contract, KBR has received annual performance ratings of Exceptional.

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 to the Government Point of Entry (GPE) website (Sam.gov) was published on August 7, 2023, and closed on August 21, 2023, in accordance with FAR Subpart 5.2 (See Section 6 above). This posting informed potential sources of NASA’s intent to award this action as sole source to KBR and no responses were received. No other source expressed interest in providing the required service solely for the CPFF IDIQ portion of the contract.

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:

Since the ISRDS-3 procurement was adequately awarded under full and open competition, there are no actions the agency needs to take to remove or overcome any barriers to competition before increasing the value of the IDIQ requirements.

This proposed action does not create a new sole source award nor extend the period of performance of the contract. This proposed action is necessary to provide continued support of critical requirements under the current contract.

For the foregoing reasons, KBR is clearly the only responsible source that can reasonably satisfy the continuing IDIQ requirements under the ISRDS-3 contract.

SONIE LAU

Digitally signed by

SONIE LAU

Date: 2023.08.21 21:42:13 -07'00'

Uyen Tu Digitally signed by Uyen Tu Date: 2023.08.22 07:58:09 -07'00'

DAVID

KORSMEYER

Digitally signed by

DAVID KORSMEYER

Date: 2023.09.01 08:37:57 -07'00'

Kurt Straub

Digitally signed by Kurt Straub Date: 2023.09.07 11:25:45 -04'00'