JOFOC GSMO-3.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Goddard Space Flight Center (GSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Ground Systems and Mission Operations-3 (GSMO-3) Contract

80GSFC22CA0020

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) Goddard Space Flight Center

(GSFC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Goddard Space Flight Center (GSFC).

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 and increase the maximum ordering value of contract number 80GSFC22CA0020 with KBR Wyle Services LLC (KBR Wyle) for multi-media production services for the period of June 1, 2023, through December 31, 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 overall goal of NASA GSFC’s Office of Communications (OCOMM) is to provide the highest quality media and related support for, but not limited to, television, multimedia, social media, animation, and the web, in keeping with NASA’s statutory obligation to provide for the widest and most practicable dissemination of information. GSFC OCOMM has a temporary need to fulfill requirements for multimedia related support and internet-based product delivery for wide and real-world distribution of information in which it is currently receiving under the Ground Systems and Mission Operations 2 (GSMO-2) contract number NNG17HP02C with KBR Wyle. Specifically, GSFC OCOMM requires the necessary personnel, daily maintenance, and related services needed for broad and comprehensive video production. These services are required for the period of June 1, 2023, through December 31, 2023, with an estimated value of $5M.

The current contract is Cost-Plus Award Fee (CPAF) IDIQ with an awarded maximum ordering value of $640M and a potential IDIQ maximum available award fee of $30,476,190.

Currently, the cumulative value of the task orders issued through the effective ordering

Rev.:1/2023 period is $178,985,754 (Estimated cost: $170,473,762, Estimated fee: $8,511,992). Contract 80GSFC22CA0020 will be modified upon the approval of this JOFOC to increase the maximum ordering value to provide for the addition of the multimedia services to the contract Statement of Work (SOW). The maximum ordering value will be increased as follows.

From By To $640,000,000 $5,000,000 $645,000,000

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 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) is Only One Responsible Source as described below.

The contractor, KBR Wyle, is currently providing multi-media production support services to GSFC OCOMM under GSMO-2 and employs the staff who are planning and will execute upcoming mission critical agency communications events including the OSIRIS REx Sample Return, the October Solar Eclipse, the Anniversary of the Webb Telescope first image, and the Lucy Mission Flyby. KBR Wyle’s workforce has proprietary and exclusive knowledge and understanding about these mission critical events and has access to a partner agency secure facility where one (1) of the events will take place.

This work will ultimately transition to the Enterprise Multimedia and Integrated Technical Services (eMITS) contract which is scheduled to be awarded in late-April 2023, as an agency-wide service provider of information technology (IT) and digital communication services. This agency-wide contract will service all NASA Centers and Headquarters. The eMITS contract scope of work includes customer collaboration and support, information management, television and multimedia production, social media, and digital exhibits.

However, the delay in awarding the eMITS contract makes it necessary to obtain these services under the GSMO-3 contract.

Additionally, KBR Wyle has previously performed this work and is the most qualified to bridge the gap between contract vehicles. The government has mission critical events that would have been covered under the new contract; however, the delay in contract award has had a major impact on assuring the continuity of service avoid in disruption in services.

Currently, there is no other contract vehicle which this work can be transferred that would not create a risk to the government. Due to the specialized and proprietary knowledge that the incumbent workforce possesses, it is critical that the services are maintained to avoid having an adverse impact on the mission critical events and the ability to meet mission critical communication goals. This modification will prevent a lapse in service resulting from the end of the current task order under the Ground Systems and Mission Operations 2 (GSMO-2) contract number NNG17HP02C with KBR Wyle which expires on May 31, 2023.

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 April 26, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract modification to increase the scope of work and ordering value under the existing contract with KBR Wyle Services LLC.

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 (CO’s) signature on this document indicates that the CO 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 In-house Government Cost Estimate (IGCE) was developed using current labor rates under the GSMO-3 contract and align with the expected costs for this effort. The GSMO-3 contract is a competitively awarded IDIQ contract with work currently authorized by individual task orders, which are priced using the labor categories and fully burdened direct labor rates established in the contract. These rates, included in Attachment B of the contract, cover the remaining ordering period and up to a year thereafter. In addition, the Contracting Officer’s Representative (COR) and the CO will review the contractor’s task plans and estimates to determine that the direct labor rates, direct labor hours, skill mix, other direct costs, indirect costs, and fee(s) are fair and reasonable prior to each task being issued and in accordance with Attachment B, as is the practice with the current contract.

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:

Market research was not conducted in preparation for this acquisition. The multimedia services will be transitioned to NASA’s competitively awarded eMITS contract at the end of the task order period of performance.

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 award this sole-source action was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). No companies responded or expressed interest in writing in the acquisition.

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:

There are no barriers to competition for the 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.

NASA Goddard Space Flight Center

MARY

STEVENS

Digitally signed by MARY

STEVENS

Date: 2023.05.22 13:03:22 -04'00'

Rev.: 1/2023

APPROVED:

Raymond J. Rubilotta Competition Advocate NASA Goddard Space Flight Center