JOFOC_10JAN2025_Redacted.pdf

Rev.:5/2024

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

ARMSTRONG FLIGHT RESEARCH CENTER (AFRC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Center Aerospace Ground Equipment Support Services (AGESS)

NND17AL01C/ JOFOC# FY25-02

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) AFRC.

The procuring agency is the National Aeronautics and Space Administration (NASA), and the contracting activity is AFRC.

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 time extension modification for continued services for contract NND17AL01C, Center Aerospace Ground Equipment Support Services (AGESS) with Kay and Associates Inc. The current and final option period expires on January 31, 2025.

Prior to May 1, 2024, the AGESS contract consisted of two distinct portions, the Center Logistics Services (CLS) and AGESS. A follow-on contract for CLS has been competed and awarded to Prime Response, Inc. The AGESS portion will consist of an 18-month extension with one 12-month base period and three 2-month options. This extension will extend the period of performance end date from February 1, 2025 through July 31, 2026.

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 award is intended to provide Center Aerospace Ground Equipment Services consisting of aircraft support services including critical/emergency and routine maintenance, mission support services, service of aircraft batteries, life support, proof load testing, fuel delivery, aircraft fueling, N2 servicing, Aerospace Ground Equipment training, equipment painting, fire extinguisher inspection, aircraft static display inspection, and ramp sweeping.

The independent government cost estimate (IGCE) for the extended period is .

The IGCE was calculated based on the current rates, historical data, de-bundling CLS from AGESS after January 2025 and using the NASA approved Labor Escalation Rates of 3.70% for 2025 and 3.45% for 2026. The extension is estimated to increase the contract value to

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) as implemented by FAR 6.302-1(a)(2)(iii) Only one responsible source and no other supplies or services will satisfy 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:

The rationale supporting the use of 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302- 1(a)(2)(iii) is described below.

Under PIC 18-01J, The Procurement Business Service Assessment (BSA) determined that duplication of both procurement capabilities and procurement instruments across NASA Centers contributed to more administrative actions, redundant processes, and higher costs associated with managing procurement instruments across NASA. The follow-on contract for this requirement was initially expected to be bundled at the agency level. The acquisition would be led by Marshall Space Flight Center's procurement team; however, a consensus could not be reached on the Performance Work Statement (PWS) among all NASA centers due to each center's unique requirements for logistic services. A western region (AFRC & Ames Research Center [ARC]) contract for logistics services, which would include most of the services provided under the CLS&AGESS contract, was also explored. However, it was determined the existing AFRC contract provided efficiencies that the regional contract could not replace. AFRC was therefore authorized to continue with its contract. Based on the aforementioned reasons, the original deviation was requested and approved. The original deviation was requested and approved for a 12-month extension on September 12, 2022. The period of performance for the deviation was from November 1, 2022, to October 31, 2023.

The latest deviation was requested and approved for 15 months extension on October 30, 2023 allowing AFRC to continue procuring its CLS and AGESS requirements while providing time for the AFRC procurement team to initiate and complete a proper competition for the award of a new CLS contract and will also allow AGESS requirements to be included in the follow-on Aircraft Operations Support (AOS) services contract. The period of performance for the deviation is from November 1, 2023, through January 31, 2025.

Since the last deviation was approved on October 30, 2023, the AFRC procurement team has initiated and completed the award of the new Logistics Management Support Services (LMSS) GSA Order. The AGESS requirement was initially going to be bundled under the AOS follow-on contract that was projected to start in January 2024. During acquisition planning the technical organization requested the AOS, AGESS, and Aircraft Flight Crew Support (AFCS) requirements be consolidated into one contract (now named Flight Operations Support or FOS). Bundling of the requirements has extended the time needed to properly initiate and award the FOS 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 November 13, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to sole source this extension to Kay and Associates Inc. 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 award will be priced using the labor rates agreed upon in the Collective Bargaining Unit Agreement (CBA) effective June 1, 2023 through May 31, 2025, and Service Contract Labor Standards Wage Determinations 2015-5603 Revision 25 (Kern County) dated July 21, 2024.

These attachments are currently incorporated into the contract. Therefore, the monthly pricing is expected to not increase significantly from the current option period and to be found fair and reasonable after price analysis using techniques at FAR 15.404-1.

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 (e.g., urgent, and compelling requirement):

When doing a search on the Dynamic Small Business website, the Contracting Officer found that there are many small businesses under the selected NAICS 336413 (Other Aircraft Parts and Auxiliary Equipment Manufacturing). The incumbent contractor, Kay and Associates Inc. is a small business under NAICS 336413. The government anticipates that there will be multiple vendors who will be interested in the follow-on opportunities under this NAICS;

however, it is not in NASA’s best interest to award to a new contractor in under 30 days.

Phasing in and out a new contractor within a short period of time would disrupt current services and have a significant impact to the AFRC mission.

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

Although there is a possibility there may be other sources capable for providing these services at AFRC for the proposed extension, it is not beneficial to NASA to award a new contract. Continuity of services is imperative in meeting the ongoing AFRC Center Aerospace Ground Equipment Support Services requirement to mitigate impact to the

Center’s daily operations. In addition, an award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements. A competitive solicitation will be issued to procure these services before the expiration of this contract extension.

Additionally, the latest FAR deviation to extend services beyond the 5-year contract limitation of NASA FAR Supplement (NFS) 1817.204(e)(1) has been approved on October 30, 2023 in accordance with NFS 1801.471.

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).

Posted date: November 13, 2024 Closed date: November 22, 2024 Companies that responded: 6

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Although there is a possibility of other sources capable of providing these services at AFRC for the proposed extension, it is not beneficial to NASA to award a new contract. Continuity of services is imperative in meeting the ongoing AGESS requirement to mitigate impact to the Center's daily operations. In addition, an award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency's requirements.

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.