Justification for Other than Full and Open Competition (JOFOC) AE 12 mo ext-final_Redacted.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Architecture and Engineering Services, 80ARC017C0008

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 JOFOC is recorded in ARC JOFOC Log as JA-FY24 -J09.

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 bi-lateral contract modification to extend Contract number 80ARC017C0008 with AECOM Technical Services (AECOM) for Architect and Engineering Services (A-E) for up to 12 months under a 6-month base and six, 1-month options.

Contract 80ARC017C0008 was awarded on September 15, 2017 after a competitive procurement. It contained a contract base period of one year, and four successive option periods of one-year each. Full contract performance began on September 15, 2017, with an original contract period of performance end of September 14, 2022.

The JOFOC to extend the contract for six-months, through March 14, 2023, using FAR clause 52.217-8, Option to Extend services was approved by the Competition Advocate on September 14, 2022.

The JOFOC to extend the contract for up to 12-months, through March 14, 2024 was approved by the Competition Advocate on March 1, 2023.

The JOFOC to extend the contract for 3 months, through June 14, 2024 was approved by the Competition Advocate on March 4, 2024.

This JOFOC documents the basis and authorities to increase the contract value and enter into an extension period of up to 12 months, through June 14, 2025. This extension will allow A- E services to continue while the ongoing corrective action on the competitive procurement for the follow-on acquisition (Western Regional Architect and Engineering (WRAES)) is completed.

ARC is also preparing a Request for Deviation from FAR 17.204(e) and NFS 1917.204(e)(1).

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):

Under the current A-E Services contract, AECOM provides support services to the ARC NASA Facilities Engineering Branch. The Facilities Engineering Branch provides services that include facility master planning, facility architectural engineering design, facility construction management, energy and water conservation program management, facility space utilization assessments, real property management, and engineering services to NASA staff, NASA support contractors, and other federal and non-federal resident agencies.

The current A-E Services contract is a hybrid contract consisting of a Firm Fixed-Price (FFP) Core, an Indefinite Delivery, Indefinite Quantity (IDIQ) component under which FFP task orders are executed and a Cost-Plus Fixed Fee (CPFF) CLIN for the support of the Development Support Office (DSO). The current total potential contract value is around $104,700,000.00, Core services ($41,852,000.00) and the Maximum IDIQ value ($62,852,000.00).

The purpose of this JOFOC is to authorize increasing the contract value and the period of performance of the current A-E Services contract by up to 12 months to permit the uninterrupted performance of critical services at ARC while the ongoing corrective action on the competitive procurement for the follow-on acquisition (WRAES) is completed

The current ARC A-E Services contract ends June 14, 2024; the proposed 12-month extension period of performance will be June 15, 2024 to June 14, 2025.

The estimated value of the FFP Core services is approximately This increase in the contract value to accommodate the additional Core services would result in a total of for Core requirements under the contract. The was derived by using historical actuals for similar services.

The additional FFP IDIQ ceiling requested is estimated to be .

The additional CPFF IDIQ ceiling requested is estimated to be Based upon the projected increases outlined above, the new total potential contract value will be , which is an increase of from the current total potential contract value.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

(b) (5)

(b) (5) (b) (5)

(b) (5)

(b) (5) (b) (5)

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 Agency Requirements, as implemented by FAR 6.302-1.

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), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, is described below.

In accordance with FAR 6.302-1(a)(2), it is determined that the incumbent contractor, AECOM, is the only responsible source that can reasonably satisfy the Government’s requirements during the potential 12-month extension of the A-E Services contract and no other type of supplies or services will satisfy agency requirements during this period.

In accordance with FAR 6.302-1(a)(2)(iii)(B), for DoD, NASA, and Coast Guard, services may be deemed to be available 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 unacceptable delays in fulfilling the Agency’s requirements.

Based on the rationale set forth below, the incumbent contractor, AECOM, is the only responsible source that can reasonably satisfy the scope of work required during the contract extension without incurring unacceptable delays in fulfilling the Agency’s requirements, given the projected follow-on awards protest and ongoing corrective action schedule of Armstrong Flight Research Center’s (AFRC) WRAES contract.

Failure to extend the current ARC A-E Services contract would result in disruption of several critical projects which are currently in process (e.g., continued support for the ARC Jet Modernization projects). A gap in the support services provided for ARC’s facilities would cause significant schedule delays for the ongoing renovation design projects, increased risk to both ARC’s facilities and its personnel by further delaying necessary equipment replacement and appliance efficiency improvements and would likely result in lost progress and prolonged budgetary impacts on more long-term mission support for several other NASA offices and branches.

Projects under the A-E Services contract range from electrical design and risk assessments to potable water surveys and HVAC system reconfiguration to lessee design and permit review and code compliance inspections. Specifically, there are ongoing renovations to existing ARC facilities to ensure a safe and comfortable environment for future interns needing to relocate to the Bay Area and the complete redesign of a floor to allow for a Clean Room and state of the art lab. There are design projects allowing for facility renovation and early engagement work for the NASA Future of Work initiative which allows for NASA to recruit and obtain the best possible talent while still exceeding the already high standards of the agency. Recently, several buildings on the ARC premises have had climate system failures and the ARC A-E Services contract has allowed for chiller replacement and upgrades resulting in more efficient and better suited (larger capacity) equipment to be installed.

Design work for buttress repair, fire protection and asbestos abatement are also in process currently and would likely remain unfinished without an extension. The ARC Jet Lab provides the only ground-based simulation of flight entry conditions, specifically the heat of reentry for objects. Both the project to design the installation of a new heater, as well as the necessary plumbing system required to properly provide the appropriately filtered and ionized, cooling water to the entire lab are in progress under this contract. A lapse in services would undoubtably be a cause for concern for these two projects as well as any future projects relying on the completion of these requirements. Without the support services currently covered, NASA ARC’s buildings, personnel, and ability to adequately staff would likely experience setbacks, delays, and possibly irreparable damage.

The current A-E Services contractor, AECOM, has the base of knowledge and experience with the critical and specialized support for the ARC projects that are necessary to successfully perform the on-going facilities requirements. A separate competition and award, potentially to a different contractor, for a one-year period, would result in unreasonable delays, duplication of efforts and costs, and would neither be feasible nor reasonable, given the recent protest and ongoing corrective action of AFRC’s WRAES contract procurement.

For the reasons set forth above, AECOM is the only responsible source that can perform the highly specialized requirements under the A-E Services contract for up to 12 months, given awarding to any other source would result in a substantial duplication of cost that would not be recouped through competition, and unacceptable delays in fulfilling the highly specialized requirements. This makes the incumbent the only responsible source that can reasonably satisfy the subject requirements pending completion of the replacement competitive procurements.

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 May 8, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source extension of contract 80ARC017C0001 to AECOM. 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. 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.

As stated in Section 3 above, the 12-month contract extension would result in an increase to the contract by . The Independent Government Cost Estimate (IGCE) for the extension period was based on historical costs on the A-E Services contract, labor hour estimates of the requirements to be performed during the extension period and the task orders anticipated to be issued during the extension period.

The cost analysis techniques will include comparing the proposed cost to historical actuals for the same or similar work previously performed on the A-E Services contract and completing a price analysis by comparison of proposed costs to the forward pricing rate agreement to ensure that the final agreed-to pricing and fees for use during the extension period are fair and reasonable. Any necessary objectives will be developed and documented in a Pre-Negotiation Position Memorandum (PPM) prior to the initiation of negotiations and will be approved in accordance with FAR 15.406 prior to conducting negotiations. A Price Negotiation Memorandum (PNM) will be completed to document the settlement agreement after the conclusion of negotiations.

During the extension period(s), a similar proposal analysis discussed in this section will be performed on each task order before award and in accordance with FAR 15.404.

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:

The Contracting Officer and Contracting Officer’s Representatives (CORs) conducted market research in support of the decision to extend A-E Services Contract Number 80ARC017C0008, based upon the COR’s technical knowledge of the current A-E Services requirements and those projected for the extension period.

As indicated in Section 6 above, a notice of NASA’s intent to award this sole-source action was synopsized on the GPE per FAR Subpart 5.201 on May 8, 2024. The purpose of the synopsis was to (1) notify industry of NASA’s intent to extend the contract on a sole source basis and (2) solicit information from interested sources capable of providing the required services during the extended POP. Interested organizations were invited to submit their capabilities and qualifications in writing to the Contracting Officer. The synopsis was posted for 15 days with a response date of May 23, 2024. The Government received one response from however, a review of their capability statement by the technical organization determined that they did not appear capable of providing all the services required under the SOW.

Additionally, the Contracting Officer and CORs also conducted market research via various Government databases, including the NASA Vendor Database (NVD) and the Dynamic Small Business Search (DSBS).

- NVD: The Contracting Officer conducted initial market research using the NVD with the following search parameters: Key word “architect” and NAICS code 541310. The NVD search returned 12 companies. The CO reviewed these companies’ capability statements and determined that they did not appear to be capable of providing the full scope of requirements under the SOW.

- DSBS: The Contracting Officer conducted market research using the DSBS with the following parameters: Key word “architect” and NAICS code 541310. Similar to above, the CO performed a review of the companies’ websites and determined that they did not appear capable of providing all of the requirements in the A-E Services SOW.

In conclusion, market research demonstrated that no other companies appear capable of Providing all the services required under the SOW. There was one response to the GPE Synopsis and though the search of NVD and DSBS identified several firms could provide A- E services, no companies appear capable of providing all the services required under the SOW at this time. Therefore, it is reasonable for the Contracting Officer to determine AECOM is the only responsible source able to perform the full breadth and depth of the requirements included in the potential twelve-month extension without adversely impacting Government operations.

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

The COR has determined that AECOM is highly qualified to perform the proposed contract extension through June 14, 2025, and for the reasons stated herein, is the only responsible source reasonably capable of continuing to provide services for A-E at ARC.

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 and 8 above). Only one company expressed interest, see section 8 above.

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:

This sole source award of a potential 12-month extension to the A-E Services contract is necessary to: (i) provide the additional time needed to finish AFRC’s competition of some essential services currently completed via the subject requirement, (ii) to update and re-compete any remaining requirements, and (iii) to update preparations for phase-in/phase-out activities.

As indicated above, NASA has started the competitive acquisition of the WRAES contract vehicle for A-E services where ARC (and AFRC) will obtain future architect and engineering support service requirements. Therefore, no additional efforts need to be undertaken by ARC to remove barriers to enable future competition for A-E requirements.

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.

Architecture and Engineering Services

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.

Mark Workman Technical Representative

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

Andrea Lovell Contracting Officer

CONCURRENCE:

Todd J. Pospisil Director/Procurement Officer Research Centers Procurement Office

APPROVED:

Lauren N. Johnson Competition Advocate NASA Ames Research Center