Justification for Other than Full and Open Competition (JOFOC) CPS Phase 1 package Signed KS.pdf

Rev.:5/2024

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John H. Glenn Research Center (GRC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

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) Glenn Research Center (GRC).

The procuring agency is NASA, and the contracting activity is GRC, 21000 Brookpark Road, Cleveland, Ohio, 44135.

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 sole-source contracts to VIP Electric (VIP), Mielke Mechanical Inc.

(Mielke), and Siemens Industry Inc. (Siemens), who were the subcontractors for previously awarded work to WAI Construction Group (WAI), under the Glenn Multi-Award Construction Contract 2 (GMACC-2) task order (TO) 80GRC023F0093.

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 starter breakers and Desiccant Air Dryer (Desi) Burner System, in Building 64, are antiquated and parts are no longer available. The pressure/temperature transmitters are outdated and are falling out of calibration.

The Uninterruptable Power Supply (UPS) systems for Buildings 23 and 64, which supports the Central Process System (CPS) control systems, are antiquated and failing. The batteries have exceeded their design life. The Exhauster couplings are 15 years old and only have a life expectancy of 10 years (based on past experience). Each of the couplings is unique, there are no spares, and lead times for delivery could exceed eight months.

Failures of these systems impact testing in multiple Aerosciences Evaluation and Test Capabilities (AETC) facilities that support the Aeronautics Research Mission Directorate (ARMD), including tests associated with the Advanced Air Vehicles Program (AAVP) and the Transformational Tools and Technologies Project (TACP).

The scope of this project is as follows:

1) Building 64 Phase 1: Start Breakers, demolition, and replacement.

2) Building 95: Replace Desi Burner System, demolition, and replacement.

3) Building 64: Central Air Dispatch Pressure Transmitter, demolition, and replacement.

4) Building 64: Central Air Dispatch Temperature Transmitter, demolition, and replacement.

5) Building 23: UPS Replacement, demolition, and replacement.

6) Building 64: UPS Replacement, demolition, and replacement.

Period of Performance: June 30, 2025, through September 30, 2026.

Maximum contract(s) potential is $2,400,000.

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.

3204(a)(1), as implemented by FAR 6.302-1, Only One Responsible Source.

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) is “only one responsible source.”

The Desi work in Building 95 and UPS work in Buildings 23 and 64 was previously awarded to WAI under TO 80GRC023F0093. WAI is not able to fulfill its contract obligations.

VIP, Mielke, and Siemens are the subcontractors to WAI, and have been on-site and performing aspects of the project scope to date, with access and insight to installation and field conditions. The subcontractors are in possession of long lead time materials and equipment and have placed orders to obtain materials and equipment needed for the described work.

Production design, material sourcing, and fabrication efforts related to the Desi Burner is in progress, and the loss of time to reprocure would delay the planned implementation and contribute further to the operational risks within these critical system components.

Additionally, the UPS replacements have been delivered to the Center and installation has begun. If system component failures occur while awaiting new contractors, it could lead to stoppages of the critical system operations, will negatively impact schedules, and will result in a substantial duplication of cost to the Government.

Maintaining the original subcontractors would ensure project continuity, cost control, and ensure schedule timelines are preserved.

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 May 19, 2025, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to VIP, Mielke, and Siemens. 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.

Utilization of the prior Independent Government Cost Estimate and previously awarded schedule of values can provide details to determine fair and reasonable pricing per FAR 15.4 and permit evaluation of the proposed sole sourcing. The Contracting officer will use that historical information as a data point to determine it is fair and reasonable. The Contracting Officer will look at the number of employees, their skill sets, and number of hours and compare those to current Department of Labor categories and rates.

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

Additional market research was not conducted as the entities sought are currently under subcontract for the awarded scope of work and continue to be viewed as fully capable of performing the remaining work. Reference section 5 above for further details.

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 Intent to sole-source was synopsized on the GPE website (SAM.gov) per FAR Subpart 5.2 (see Section 6 above). The synopsis was posted on May 19, 2025, for 15 days.

The synopsis closed on June 3, 2025, at 1:00 p.m.

On May 21, 2025, one question was received from Construct Connect regarding the cost range of magnitude and projected start date. The Contracting Officer responded to the inquiry on May 22, 2025, and no additional interest or follow up questions were received.

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.

Project 26729 CPS Phase 1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

_____________________Debra Millard Digitally signed by Debra Millard Date: 2025.06.10 06:12:33 -04'00'_ _

Debra Millard Technical Representative

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

Douglas Kustra_______________________Date: 2025.06.10 07:13:42 -04'00' Digitally signed by Douglas Kustra

Douglas Kustra Contracting Officer

APPROVED:

Kurt Straub (for Leahmarie Koury) Competition Advocate

GRC

Rev.:5/2024