JOFOC-80MSFC22CA003_Redacted.pdf

Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

GEORGE C. MARSHALL SPACE FLIGHT CENTER (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Alabama Department of Environmental Management (ADEM) Contract

80MSFC22CA003

1. Federal Acquisition R

This document is a justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) George C. Marshall Space Flight Center (MSFC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is George C. Marshall Space Flight Center.

2.

This justification provides the rationale for contracting by other than full and open competition to award a sole-source contract to the Alabama Department of Environmental Management (ADEM) for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) program at MSFC. CERCLA provides for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites. This is a regulatory requirement within our Federal Facility Agreement (FFA) under CERCLA.

3.

In order to meet the intent of the CERCLA program, Federal Facilities Agreement (FFA) and Memorandum of Agreement (MOA), a cost reimbursement-no fee contract with ADEM is required. The resulting contract will be a multi-year contract with a five year period of performance estimated to begin August 1, 2022 and continue through July 31, 2027.

The contract will allow MSFC to reimburse ADEM for their services performed as required and agreed to through the MSFC CERCLA program, FFA, and MOA. The estimated value is

This contract is a continuation of work from the predecessor contract, 80MSFC17C0018 with a period of performance of August 01, 2017 to July 31, 2022 and an initial award value of

4.

full and open competition:

Rev.:01/2021

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, Only one responsible source and no other supplies or services will satisfy agency requirements.

5.

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 appropriate for reasons as described below:

1. On June 29, 2001, the U.S. Environmental Protection Agency (EPA), MSFC, and ADEM entered into a FFA as required under the CERCLA program. Additionally, MSFC is also subject to a MOA with ADEM which was approved on August 25, 1995. The MOA shall not expire until completion of all obligations of all parties, this is not estimated to be completed until at least 2050. NASA MSFC is required to reimburse ADEM for their services performed on the CERCLA program in accordance with the FFA and MOA. ADEM is the only environmental regulatory agency in the State of Alabama. Use of any other source would violate the agreements as instituted between the parties.

6.

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 January 20, 2022 through February 4, 2022 in accordance with FAR Subpart 5.2. This

ADEM. The results of this synopsis are summarized in Section 10 below.

to the Government will be fair and reasonable:

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.

In accordance with FAR Subpart 15.4, sources such as the Contracting Officer, cost and price analysis, and Government technical representatives will be utilized in performing a cost analysis. In addition, historical data from previous MSFC contracts with ADEM will be utilized to determine a fair and reasonable cost.

8.

statement of the reasons a market research was not conducted: