JOFOC 70S Support Fall 2023 - Redacted NAS1510110 mod 358.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

LYNDON B. JOHNSON SPACE CENTER (JSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For State Space Corporation ROSCOSMOS, Contract NAS15-10110

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), JSC.

The procuring agency is NASA, and the contracting activity is JSC.

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 new work modification to contract number NAS15-10110 with State Space Corporation Roscosmos, (hereinafter referred to as Roscosmos), to provide support services for NASA personnel with regard to their participation in the Soyuz 70S launch from Baikonur, Kazakhstan in the fall of 2023.

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 total estimated value of this action is estimated to be around $475,000. Roscosmos will provide transportation from Moscow, Russia to Baikonur, Kazakhstan, as well as provide security services, document clearances, lodging, and meals for NASA personnel.

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. 2304(c) (1), as implemented by FAR 6.302-1(a)(2), which states that full and open competition need not be provided when the services required by the Agency are available from only one responsible source and no other type of 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. 2304(c)(1) is as follows.

These services address logistic requirements for NASA personnel to be present in an administratively closed city in Kazakhstan whereby Roscosmos is the only authority that call allow access.

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 Baikonur launch site is an administratively closed facility, with highly restricted access enforced by the Russian Federation. The only way for NASA to obtain these services is by contracting directly with Roscosmos. However, in preparation for issuance of NAS15-10110 contract modification number 358, NASA’s intent to sole-source these same services from Roscosmos was synopsized on the Governmentwide Point of Entry (GPE) website from May 18, 2023, to June 2, 2023, which resulted in no sources expressing interest in the acquisition. As such, no additional attempts to solicit from other sources were made.

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 price 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 price will be compared to historical actuals. The proposed total price will also be compared to past amounts NASA has paid for purchases for similar services, incorporating exchange rate differences and escalation data. The Contracting Officer’s Representative (COR) will provide a Technical Evaluation based on both his technical expertise and experience purchasing the same and similar services in the past.

At the discretion of the Contracting Officer, additional techniques authorized in FAR 15.404- 1 may be utilized for the purposes of ensuring the government receives a fair and reasonable price for the services and supplies being acquired.

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 order for NASA personnel to travel to Baikonur and perform the necessary launch and cargo loading support services detailed herein, they require these logistic support services.

Given that Baikonur is an administratively closed city, the only possible source for these services is Roscosmos. Therefore, no market research was performed other than the synopsis described in sections 6 and 10 of this document.

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 sole-source these services from Roscosmos was synopsized on the Government-wide Point of Entry (GPE) website (Sam.gov) on May 18, 2023, and closed on June 2, 2023. No sources expressed interest at that time.

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.