JOFOC_RECOM V Ceiling Increase-Final.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Langley Research Center (LaRC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For 80LARC18R0003/Reliance Consolidated Models V (RECOM V)/80LARC18D0005, 80LARC18D0006, 80LARC18D0007, 80LARC18D0008

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) Langley Research Center (LaRC).

The procuring agency is NASA and the contracting activity is LaRC.

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 out-of-scope modifications for a ceiling increase in the amount of $10M on the Reliance Consolidated Models (RECOM) V multiple-award contract. This increase will bring the maximum value from $9.5M to $19.5M and is being requested to cover estimated future work under RECOM V which includes estimates from other Centers. The delivery orders issued to date total $7.5M.

RECOM V is just over 2.5 years into the 5-year period of performance (November 1, 2018 – October 31, 2023) and has already reached 80% of the ceiling. Work under the four IDIQ contracts (80LARCD0005 with Advanced Technologies Inc, 80LARCD0006 with Calspan Systems Corporation, 80LARCD0007 with Eagle Aviation Technologies, LLC, 80LARCD0008 with Micro Craft Inc) has increased and includes work from other Centers such as Glenn Research Center (GRC). While the Performance Work Statement (PWS) states that other Centers could issue work under the RECOM V contract, the original ceiling estimate did not include estimates from other Centers. Increased project requirements, such as the design and fabrication of the rotary-wing test stand model and the simulated inter-compressor duct research model for use in the NASA Glenn Icing Research Tunnel (IRT) resulted from agency-wide use. Further agency-wide use is anticipated based on proposed work received from NASA Glenn Research Center for the design and fabrication of test articles (airframe icing; ice crystal icing) for use in the IRT. Increased capacity resulting from the use of four contracts under RECOM V as compared to two contracts under RECOM IV is driving the contract to be more active. Increasing the ceiling will encourage efficiencies and further agency-wide utilization.

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 basis and authorities for increasing the IDIQ maximum value. RECOM V consists of four IDIQ 5-year contracts awarded to small businesses (Advanced Technologies Inc;

Calspan Systems Corporation; Eagle Aviation Technologies, LLC; and Micro Craft Inc). The RECOM V effort is a consolidation of design and/or fabrication of aerospace model systems and developmental test hardware used for spaceflight, flight, spaceflight development, and ground-based tests supporting NASA LaRC, other Centers, and Agency missions (Aeronautics, Space and Science). These precision experimental research models and hardware may consist of both mechanical and electrical/electronic hardware elements. These models may incorporate the use of new technologies such as smart materials, or new processes such as stereolithography and rapid prototyping using various materials from plastics, polymers and metals. The mechanical hardware elements include, but are not limited to, wind tunnel models (including, but not limited to, force/pressure, propulsion simulation, dynamically scaled, and free flight), rotorcraft models, drop models, model components, model support systems, test equipment, turbomachinery models (including, but not limited to, air turbine models, water flow pump models) aircraft flight test hardware, large welded/formed structural components used in the development and validation of space flight systems, force measurement equipment (including multi-component wind tunnel balances), and structural test articles and instrumentation/devices to measure force, moment, acceleration, attitude, pressure strain and temperature. The electrical/electronic hardware elements include, but are not limited to, motors, actuators, sensors, control panels, printed circuit boards, data acquisition and control systems, circuit protection, connectors, fiber-optic cables and wiring, as required, to support the test hardware. The research models and hardware may be used in various facilities such as NASA wind tunnels, air/water flow turbine/pump facilities, aircraft, spacecraft and other existing and future laboratory environments.

The period of performance of November 1, 2018 through October 31, 2023, remains the same. The estimated dollar value for this new ceiling increase modification is $10M. This will increase the total maximum cumulative value of all the RECOM V IDIQ contracts from $9.5M to $19.5M.

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. 10 U.S.C. 2304(c)(1) specifies that, when the supplies or services required by the agency are available from only one responsible source, or from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided.

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 described below:

The RECOM V contractors provide the only source of unique Agency-wide services and capabilities for the design and fabrication of aerospace model systems and development test hardware used for spaceflight, flight, spaceflight development, and ground-based tests. The research models and hardware may be used in various facilities such as NASA wind tunnels, air/water flow turbine/pump facilities, aircraft, spacecraft and other existing and future laboratory environments. The models fabricated are one-of-a-kind research models. NASA Centers other than Langley have requirements for the RECOM V contractors’ services, but the current cost ceiling limits procurement opportunities. RECOM V has been utilized not only by LaRC but also by GRC. It can, and should be, used more across the Agency. Increasing the ceiling is a practical approach for making these unique services readily available, benefiting more Centers and the Agency mission.

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:

Following the approval of this JOFOC, a notice to the Government Point of Entry (GPE) website (beta.sam.gov) will be published in accordance with FAR Subpart 5.2. This posting will inform potential sources of NASA’s intent to award sole-source modifications to the four RECOM V contractors. If any other companies can demonstrate that they possess the capabilities to perform RECOM V PWS requirements, LaRC will not proceed with the sole source modifications to the existing RECOM V contracts.

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 four RECOM V contractors shall be required to submit a proposal for all delivery orders (FFP or CPFF) to be evaluated and negotiated by the Government. Prior to execution of each delivery order, a proposal analysis will be performed. The proposal analysis will ensure the final agreed-to cost for each delivery order awarded is fair and reasonable.

The proposed ceiling increase amount of $10M is based on historical delivery order trends, estimates for future work including work from other Centers, and 25% built in for unknown project requirements. In addition, there is enough cost data available from the prior two years of performance under the IDIQ contracts and prior RECOM IDIQ contracts to determine fair and reasonable costs. Finally, because the delivery orders are competed amongst the four contractors, adequate price competition further aids in determining fair and reasonable costs. Therefore, a total ceiling increase of $10M bringing the ceiling from $9.5M to $19.5M is estimated to be sufficient to cover the contract’s entire 5-year period of performance.

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:

The technical team reviewed the market research that was conducted for RECOM V during pre-award and researched other known small businesses in the industry based on their personal knowledge, professional experience, and history from previous RECOM contract awards. The team determined that only one other small business outside of the four RECOM V companies could perform the work but found that company is no longer in business. Although large businesses may be able to meet the PWS requirements, RECOM V is a small business set-aside.

A notice will be published to the Government Point of Entry website (beta.sam.gov) to inform any unknown potential sources of NASA’s intent to award this sole-source modification to the four

RECOM V contractors. Since market research has demonstrated that there are no other potential sources outside of the four RECOM V contractors, the risk for a potential protest is minimal.

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

LaRC has considered whether offerors would have reasonably anticipated (at the time of the original competition) a change such as exceeding the maximum cumulative value of the IDIQ maximum ceiling and have determined that the offerors would have reasonably anticipated at the time of the original competition a change such as exceeding the stated maximum cumulative value. While the original RECOM solicitation legally could not explicitly advise offerors that the ceiling would be increased, the PWS advised that this contract may be used to support other NASA Centers that might require work within the scope of this PWS. Thus, prospective offerors could have reasonably anticipated a ceiling increase to accommodate currently unidentified work later issued by other NASA Centers even though such work could not be included in the total maximum dollar value. In addition, the offerors were aware that the number of IDIQ RECOM contracts doubled from two (RECOM IV) to four (RECOM V) resulting in more competition and more customers desiring to use the contracts. Also, IDIQ contracts by their very nature are subject to variances which are well understood by government contractors, including the RECOM V contractors. Lastly, consistent with case law and the factual circumstances of this contract, increasing the ceiling will not result in a contract materially different from that for which the competition was held.

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

If a source expresses an interest in response to the synopsis (see item 6), NASA will review the capabilities of each source and will document its findings.

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.

RELIANCE CONSOLIDATED MODELS (RECOM) V

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Ray D. Rhew Technical Representative

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

Digitally signed by TAMEKA

TAMEKA WOODLEY WOODLEY

Date: 2021.06.09 09:56:59 -04'00'

Tameka Woodley Contracting Officer

CONCURRENCES:

R. Eric Rissling Attorney Advisor

David F. Young Competition Advocate, Langley Research Center

APPROVAL:

Susan E. McClain Procurement Officer Head of Contracting Activity, Langley Research Center

RAY RHEW Digitally signed by RAY RHEW Date: 2021.06.09 09:12:52 -04'00'

RAYMOND RISSLING Digitally signed by RAYMOND RISSLING Date: 2021.06.09 11:48:33 -04'00'

DAVID YOUNG Digitally signed by DAVID YOUNG Date: 2021.06.15 16:55:39 -04'00'

SUSAN MCCLAIN MCCLAIN

Digitally signed by SUSAN

Date: 2021.06.24 13:46:39 -04'00'