JOFOC CLCWA 80JSC021CA004.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

JOHNSON SPACE CENTER (JSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Water and Sewage Treatment Utility Services Contract 80JSC021CA002

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 JOFOC prepared by NASA JSC, Houston, Texas.

The procuring agency is the 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 sole-source contract to the Clear Lake City Water Authority.

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 requirement is to provide surface water and wastewater treatment utility services for NASA JSC’s main site and the Sonny Carter Training Facility. The utility services mentioned above are essential for the operation of all facilities. Not only does it provide essential services for all personnel to survive, but it also provides a supply chain for many site utilities such as air conditioning and firefighting. Without these key services the numerous critical missions of JSC will not be performed. The base period of performance is September 15, 2021, through September 30, 2023, with four options extending the period of performance to September 14, 2031. The estimated dollar value is: $19,000,000.

This contract is a follow-on contract to Delivery Order NNJ13JB68D that ends on September 14, 2021. Delivery Order NNJ13JB68D was issued from General Services Administration (GSA) contract GS07P11JU60147.

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 United States Code (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. 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) as described below.

In accordance with FAR 6.302-1(b)(3), use of this authority is appropriate when acquiring utility services and the circumstances dictate that only one supplier can furnish the service.

There is only one provider in the Clear Lake area for water and sewage treatment utility services, and that provider is the Clear Lake City Water Authority.

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 Contracting Officer has determined that this contract action is exempt from the publication notice as required by FAR Subpart 5.2, because FAR 5.202(a)(5), states that these notices are not required when the proposed contract is for utility services other than telecommunication services and only one source is available.

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 Clear Lake City Water Authority sets forth the utility rates, and 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 contract price and JSC’s percentage of capital improvement projects are based on established rates for the entire Clear Lake City Water Authority District, and are adjusted periodically by a Board of Directors. Clear Lake City Water Authority operations are required to meet strict public water system requirements as established by the Texas Commission on Environmental Quality.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons a market research was not conducted:

As part of the Market Research analysis, the Contracting Officer contacted the GSA Acquisition Management Division to determine if the GSA had issued a follow-on utility contract for water and sewage treatment utility services that covered the JSC area. On June 1, 2021, the GSA Contracting Officer advised the NASA Contracting Officer that the GSA had not issued a GSA Area-wide Contract with the City of Clear Lake for water and sewage utility services, and advised the Contracting Officer to issue a contract directly to the Clear Lake City Water Authority. The GSA issued a delegation for NASA JSC to contract directly for water utility services, and this delegation is included in the contract file. There are no NASA strategic sourcing contracts that can support this requirement.

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:

None.

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.