JOFOC - SLF Landing Fees II_Redacted.pdf

Revision: A

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Kennedy Space Center (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For SLF Landing Fees II/80KSC021R0008

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) Kennedy Space Center, FL:

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is John F. Kennedy Space Center.

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 sole-source contract to Space Florida for the acquisition of airfield services at the Shuttle Landing Field (SLF) operated by Space Florida (SPFL). These services include use of the airfield and associated support services including the flight and ground operations and their associated systems. Services will be procured as needed pursuant to a purchasing agreement for requirements exceeding the services provided to NASA at no charge each year in accordance with the terms of the Property Agreement Between

NASA/KSC And Space Florida For The Transfer Of Operations And Management Of The

Shuttle Landing Field (hereafter SLF Agreement), Article V. (b) of the SLF KCA-4412 Rev.

Basic-1 Property Agreement dated March 24, 2017. This sole source action is in accordance with 41USC 3304(a)(1) and FAR 6.302-1(b)(ii) as the execution of the aforementioned property agreement results in Space Florida being the only source to supply the use of the flight facilities at the NASA Kennedy Space Center Shuttle Landing Field.

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 justification would permit the purchase of launch and landing and other airfield support services at the NASA/KSC Shuttle Landing Facility for NASA activities during the next five years, while SPFL is expected to expand and make capital improvements. A FAR based contract will be executed to facilitate the purchase of airfield services from Space Florida.

The expected performance period is not more than five years with a maximum estimated value of . This is based upon normal annual operating costs of less in no cost flight operations provided under the agreement plus overtime and weekend requirements estimated at (180 hours at /hour for two men needed for operations). The total estimated cost per year is ( ) for an estimated five year total of without escalation, as the escalation of no cost flight operations is expected to offset the escalation of the represented labor supplied by Space

Florida. The SLF Agreement term is for 30 years, subsequent actions may be issued based off of this justification if the initial contract vehicle is for less than five years. Services that may be acquired include:

• Air Traffic Control services (including premium after hours support)

• Aircraft marshalling services

• Aircraft parking

• Ground generator connection and operation

• Ramp rental for aircraft offload

• Airfield (whole and subset) usage for UAS/other operations

• Runway, ramp, tow way, and field usage

• Morpheus hazard field usage

• Aircraft starting cart services

• Fueling of government aircraft (excluding cost of fuel)

• Aircraft LOX loading

• Aircraft GN2 servicing

• T-shelter rental

• AGE shelter

• Aircraft roping services

• Other airfield support

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. Section

2304(c)(1) as implemented by FAR 6.302-1(c), only one responsible source and no other supplies or services will satisfy Agency requirements.

NASA/KSC entered into negotiations with SPFL in 2014 to execute a land-use property agreement to encourage the commercial use of the underutilized SLF, which had no identified program to support. The Agreement was executed on June 22, 2015, granting

SPFL sole operational authority and rights of commerce for the SLF in exchange for taking on all Operation and Maintenance (O&M) costs and providing in no-cost flight operation services to NASA/KSC to cover the fair market lease value of the property in the first year. For subsequent years the no-cost services are escalated by three percent annually.

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. Section 2304(c)(1) is that the property agreement executed between Space Florida and NASA stipulates and grants Space Florida the sole authority to develop and manage the SLF at Kennedy Space Center for the term of the SLF Agreement. Therefore, only one source exists that can satisfy Agency requirements.

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 (beta.sam.gov) will be published in accordance with FAR Subpart 5.2. The posting will inform potential sources of NASA’s intent to award this sole-source contract to Space Florida.

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 issuance of the contract award, a price analysis will be performed. The price analysis will ensure that the final agreed-to price for the contract action is fair and reasonable to meet the Government’s needs. Reasonableness of proposed price will be established in accordance with FAR 15.404-1(b)(2)(ii), comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items. This method may be used for commercial items, including those “of a type” or requiring minor modifications.

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:

Prior to the establishment of the current SLF Landing Fees contract, there were no similar contracts at KSC. KSC had operated the SLF runway independently until all operations and management responsibilities were transferred to Space Florida (SPFL) via a Space Act

Agreement on June 22, 2015. During the development of the Space Act Agreement, the finance and technical service branches researched services and similar costs at other airfields in Florida and of those that NASA had employed for T 38 landings and takeoffs. A review of market rates, technical data, and published pricing for airfields that handle similar type airfield operations anticipated at the SLF was conducted to establish the fair market value.

All of the data acquired was considered in determining reasonable pricing for a contract for airfield services in consideration with volume purchased, safety, security, and logistical considerations.

A sole source contract with SPFL was subsequently put into effect on May 1, 2017 – April

30, 2021 for airfield and associated support services including the flight and ground operations and their associated systems. SPFL has successfully maintained implementation of the SLF Landing Fees contract to support NASA and NASA missions since its inception.

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

The property agreement executed between NASA and SPFL establishes SPFL as the only source for providing airfield services at the SLF. Currently, the only other landing strip near

KSC which could possibly be used is the skid strip at the Air Force, which would result in significant transportation costs. The use of any other airport would be cost prohibitive due to transportation costs after landing and would introduce security concerns. Payloads and personnel that come to KSC are often sensitive and restricted in nature. Moreover, it would not be practical to try to affect the level of security that exists on KSC at an external airfield, nor do the Government transportation options exist at external locations. The SLF site alone possesses the capacity, transportation, and minimized public health aspects that are necessary to support NASA KSC flight operations. The proximity of the SLF to processing and operational activities mitigates myriad safety and health concerns.

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 will be synopsized on the GPE website (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above).

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 only possible action that the Agency could take to overcome barriers to competition would be the termination of the agreement. This action would be contrary to the stated goals to foster commercial space enterprise growth.

SLF Landing Fees II/80KSC020RXXXX

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

8/10/2020

X John Graves

Technical Representative

Signed by: JOHN GRAVES

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

Patricia A. Shipe

Contracting Officer

8/10/20