JOFOC ESTRAD 10302024_redacted.pdf

Rev.:5/2024

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Entry Systems Technology Research and Development (ESTRAD)

Contract No. NNA15BB15C

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 NASA

ARC.

The procuring agency is the NASA and the contracting activity is Ames Research Center.

This JOFOC is recorded in the ARC JOFOC Log as JA-FY24-J16.

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 an extension to contract number NNA15BB15C with Analytical Mechanics Associates (AMA) for up to eight additional months added to the period of performance with an estimated cost increase of $7.6 million. An increase in the maximum ordering value is not anticipated.

The contract extension will consist of one (1), four-month base period (from December 1, 2024, through March 31, 2025), and four (4), one-month option periods (from April 1, 2025, through July 31, 2025), if all options are exercised. The options will be exercised if necessary to accommodate the adjudication schedule for the Court of Federal Claims (COFC) protest against the Aircraft and Spaceflight Systems Engineering Support Services (ASSESS) procurement award, which is a consolidation of requirements from existing ARC contracts, including ESTRAD.

NASA ARC competitively awarded contract NNA15BB15C on May 4, 2015, and the current period of performance ends on November 30, 2024. The current contract is an Indefinite Quantity/Indefinite Delivery contract with a Cost Plus Fixed Fee Contract Management core and IDIQ task orders with a total maximum value of $105.5 Million. To date, contract management and IDIQ task orders totaling $96 million have been issued. With a projected cost of the potential eight month extension of $7.6 million, the current contract maximum ordering value will not need to be increased.

The ESTRAD period of performance has been extended four times. The first extension was by a JOFOC, dated May 29, 2020, that approved a thirty-one month extension through

December 31, 2022, and a Headquarters deviation request, dated May 29, 2020, that approved an eighteen month extension through November 30, 2021. The second extension was granted through a Headquarters deviation request dated November 29, 2021 that approved a twelve month extension through November 30, 2022. A third extension which was completed by utilizing FAR 52.217-8, Option to Extend Services to extend the contract for an additional six months to May 31, 2023. The most recent extension was approved on May 25, 2023, extending the contract for eighteen months through November 30, 2024.

This JOFOC documents the basis and authorities for entering into the requested extension period of up to eight months. The follow on to the ESTRAD contract, the Aircraft and Spaceflight Systems Engineering Support Services (ASSESS), will consist of a combination of the ESTRAD requirements as well as the pertinent requirements in the Aeronautics and Exploration Mission Modeling and Simulation (AEMMS) contract. The ASSESS contract was awarded on May 9, 2024. A GAO protest was submitted on May 20, 2024, and denied by the GAO on August 23, 2024. A subsequent COFC protest was filed on September 6, 2024, with a projected decision date of late December 2024. This extension is required to ensure the continuity, during the protest process, of critical support in the areas of aerothermodynamics, materials development and test, and systems engineering, and development of entry systems programs supported by the ESTRAD contract.

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):

This JOFOC documents the justification for executing a sole-source extension to the current ESTRAD contract for a period of up to eight months, pending resolution of the COFC protest of the ASSESS contract award.

The ESTRAD contract provides highly specialized services for multiple programs and projects in the following Entry Systems disciplines:

- Aerodynamics

- Aerothermodynamics

- Thermal Protection Materials Research and Development

- Systems Engineering

- Thermal Protection System Design and Development

- Post-Flight Analysis Support

- Analysis Tool Development

The ESTRAD contract provides support to the Entry Systems and Technology Division at NASA Ames Research Center to carry out their varied research programs. The branches within the Division that are supported by this contract include the Aerothermodynamics Branch (TSA), the Thermal Protection Materials Branch (TSM), and the Entry Systems and Vehicle Development Branch (TSS). These organizations work with other Ames organizations, NASA Field Centers, Government Agencies, and commercial entities to perform multidisciplinary, highly inter-dependent research and development. The major objective of the organization is the development of technologies for use in the design and fabrication of prototype vehicles that travel at hypervelocities in the atmosphere of Earth and other bodies in the solar system, including access to Earth orbit and reentry, sustained high-altitude hypersonic flight, planetary entry, and high altitude aerocapture. The ESTRAD contract provides highly specialized services to critical programs and projects that would be severely impacted by a lapse in services. Perhaps the most critical support being provided under the ESTRAD contract is to the Artemis Program, providing modeling, analysis, and TPS material expertise critical to identifying and addressing issues critical to enabling the next crewed flight of Orion. Some of the other highest visibility and most critical efforts being supported by ESTRAD staff include the New Frontiers Dragonfly Titan Mission providing technical leadership to the Entry, Descent and Landing mission phase, responsible for the design of the capsule thermal protection system and instrumentation; Mars Sample Return Earth Entry System (EES) and Sample Retrieval Lander (SRL) performing systems engineering, reliability analysis, and test support resulting in the requirements that will drive the design and verification efforts for the EES, and performing the TPS sizing for the SRL;

continuing support in the development and testing of a Hypersonic Inflatable Aerodynamic Decelerator (HIAD), supporting further flight and ground support instrumentation efforts, environmental testing of the flight and flight spare aeroshell instrumentation, and material characterization; supporting the advancement of Commercial Space by providing aerothermal analysis and materials characterization to both Industry and to the NASA Engineering Safety Center as Subject Matter Experts to assure the safety of commercial flight; and, Arc Jet Modernization capability and risk assessment for the control system, power supply, and exhaust system.

The total cost estimate for the proposed extension periods is as follows:

Extension Base Period Core: Dec 1, 2024 – March 31, 2025 FOIA Ex.

(b)(5) Extension Base Period IDIQ: Dec 1, 2024 – March 31, 2025 FOIA Ex.

(b)(5)3.60M Extension Option Period 1 Core: April 1, 2025 – April 30, 2025 FOIA Ex.

(b)(5) Extension Option Period 1 IDIQ: April 1, 2025 –April 30, 2025 FOIA Ex.

(b)(5) Extension Option Period 2 Core: May 1, 2025 – May 31, 2025 FOIA Ex.

(b)(5) Extension Option Period 2 IDIQ: May 1, 2025 – May 31, 2025 FOIA Ex.

(b)(5) Extension Option Period 3 Core: June 1, 2025 – June 30, 2025 FOIA Ex.

(b)(5) Extension Option Period 3 IDIQ: June 1, 2025 – June 30, 2025 FOIA Ex.

(b)(5) Extension Option Period 4 Core: July 1, 2025 – July 31, 2025 FOIA Ex.

(b)(5) Extension Option Period 4 IDIQ: July 1, 2025 – July 31, 2025 FOIA Ex.

(b)(5)

Total Estimated Cost: FOIA Ex. (b)(5)

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. 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, 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)(iii), for DoD, NASA, and the Coast Guard, services may be deemed to be available only 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 substantial duplication of cost to the Government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements. For the reasons set forth below, the incumbent is the only responsible source that can reasonably satisfy the subject requirements pending completion of the ASSESS protest process.

The ESTRAD contract extension will allow sufficient time for the continuation of highly specialized technical services to numerous NASA Entry Systems Programs and Projects pending resolution of the COFC protest of the ASSESS award. Without the proposed contract extension, there will be a gap in ESTRAD support which will severely impact on-going research and critical project schedules causing unacceptable delays for Programs and Projects relying on the performance of ESTRAD requirements.

The requested extension to the current contract is necessary to provide coverage of important ESTRAD support during the COFC protest process. If these requirements were acquired via a separate competition for a separate contract, rather than via the extension provided for herein, the result would be a substantial duplication of costs to the Government that would not be recovered, as well as a gap in R&D services to Programs and Projects due to the time required to perform the procurement activities. The duplication of costs would include not only those costs associated with competing a separate procurement for the extension period, but also the costs associated with phase-in activities for the separate eight-month contract, which would be necessary to ensure that the new, possibly different, contractor has proper knowledge of highly specialized technical requirements necessary to support ESTRAD requirements.

Failure to extend the contract would also result in unacceptable delays in fulfilling important requirements currently performed under this existing contract and to be performed under the

ASSESS contract. AMA management and staff have unparalleled experience and technical expertise that are necessary to perform mission critical work in a timely manner. A separate competition and award to, potentially, a different vendor for an eight month period would neither be feasible nor reasonable given the status of the ASSESS procurement during the adjudication of the protest.

Hence an extension of up to eight months is the only reasonable approach for NASA to take such that it may continue to obtain the important services provided by ESTRAD. This makes the incumbent the only responsible source that can reasonably satisfy the subject requirements pending completion of the ASSESS COFC protest process.

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 September 17, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source extension to Analytical Mechanics Associates (AMA) and no responses were received. 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 analysis of the proposal for the contract extension will be conducted in accordance with FAR 15.404, and include a detailed cost element analysis, a comparison to the IGCE, and other appropriate cost and price evaluation techniques to ensure the final agreed-to cost and fee is fair and reasonable. Pre-negotiation objectives will be prepared prior to the initiation of negotiations and will be approved in accordance with FAR 15.406 prior to the conduct of negotiations. In accordance with FAR 15.406, a certificate of current cost or pricing data will be obtained from the contractor as required and a post negotiation memorandum will also be prepared to document the outcome of the negotiation.

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:

Ames Research Center conducted market research in support of the decision to award this extension to AMA. Based on the ESTRAD Contracting Officer’s Representative’s (COR) technical knowledge of the current ESTRAD requirements, and for all the other reasons stated herein, Analytical Mechanics Associates (AMA) is the sole responsible source able to fulfill the ESTRAD extension requirements that are the subject of this JOFOC.

Market research was performed in September 2024, which included a synopsis posted to the Government Point of Entry (GFP) Sam.gov on September 17, 2024, as stated in paragraph 6 above. The purpose of the synopsis was to: (1) notify industry of NASA’s intent to extend the ESTRAD contract on a sole-source basis; and (2) solicit information about interested sources that are capable of providing the required support during the extended period of performance. Interested parties were requested to submit their capabilities and qualifications in writing. The Contracting Officer received no capability statements in response to the synopsis.

Additional research was completed which include reviews of the following Government databases:

A search was conducted in the SBA Dynamic database using the NAICS Code 541715 and key words “Spacecraft Systems”. This search yielded 4 profiles, none of which demonstrated the full range of ESTRAD requirements.

A search was conducted in the SBA Dynamic Search using the NAICS Code 541715 and key word “Spaceflight”. The search yielded 6 profiles none of which demonstrated the range of ESTRAD requirements.

Based on the review of the CO and COR’s review of Market Research Results, it is clear that while there are additional firms in the industry, the scope of highly specialized work that is required can only be accomplished by the current contractor under the proposed extension without creating unacceptable delays in fulfilling the agency's requirements.

A NASA Form (NF) 1787A was prepared to document the Market Research conducted. The NF will be routed through the ARC Small Business Specialist for concurrence.

Market research indicates that in accordance with FAR 6.302-1(a)(2)(iii) (B), AMA is the only responsible source that can provide the highly specialized services described in Section 5 above without creating unacceptable delays in meeting agency requirements. There has been no industry interest in this proposed contract extension.

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

The ASSESS protest process will take up to eight months, including time for phase-in activities. Therefore, it is not reasonable or possible to conduct a separate competition at the same time as the protest is being resolved. Conducting an additional competition for an eight-month bridge contract while also resolving the ASSESS protest would require additional technical, procurement, legal, etc. personnel which would result in substantial duplication of cost. An estimated rough order of magnitude (ROM) for these additional costs is FOIA Ex.

(b)(5). This includes FOIA Ex. (b)(5)derived by applying the NASA agency agreement indirect rate of FOIA Ex. (b)(5) to the estimated value of an eight-month bridge contract in addition to FOIA Ex. (b)(5) in estimated costs for the additional 60-day phase-in period that would be required. These costs associated with the acquisition process for a bridge contract represents a substantial duplication of cost to the Government that is not expected to be recovered through competition. Therefore, AMA is the only responsible source via this extension to the current ESTRAD contract that can reasonably satisfy the current requirements pending resolution of the ASSESS protest.

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). The notice was posted on September 17, 2024, with a closing date of October 2, 2024. No sources responded to the synopsis or have expressed interest in performing the requirements that NASA ARC intends to procure through this potential eight-month extension of the ESTRAD contract.

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 ASSESS contract award is being protested. Because ASSESS was a competitive procurement, there are no actions the agency needs to take to remove or overcome any barriers to competition before any subsequent acquisition for similar services.

Entry Systems Technology Research and Development (ESTRAD), NNA15BB15C

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Mary Livingston Technical Representative

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

Rachel Jandron Contracting Officer

APPROVED:

Lauren Johnson Competition Advocate Ames Research Center