Justification for Other than Full and Open Competition (JOFOC).pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Glenn Research Center (GRC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80GRC022Q0004 / Gas Transportation Services to NASA Neil A. Armstrong Test Facility (ATF) / 80GRC022CA010)

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) (GRC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is (GRC).

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 Columbia Gas of Ohio, Inc. (Columbia) for natural gas transport services under contract number 80GRC022CA010. The period of performance for this contract is 05/16/2022 – 05/15/2027.

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):

NASA Glenn Research Center (GRC) has a requirement for natural gas transport services by Columbia as required by NASA to its to Neil A. Armstrong Test Facility (ATF), located in Sandusky, Ohio. The Government will make arrangements for and pay Columbia Gas for further transportation of such gas from the city gate to the Glenn Research Center Armstrong Test Facility. The estimated value of this procurement is $375,000.00. The period of performance for this contract is 05/16/2022 – 05/15/2027.

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 and no other supplies or services will satisfy agency requirements as described below.

NASA ATF is located in Sandusky Ohio which is located within Erie County. The only local utility provider for natural gas transportation services to Erie County is Columbia. Columbia is the sole owner of the natural gas transportation pipelines that service the entire county.

Even though GRC may purchase the natural gas supply from a variety of suppliers, every one of them must use the Columbia Transportation pipelines to get the natural gas to NASA ATF.

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 March 7, 2022, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to Columbia. 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 Public Utilities Commission of Ohio (PUCO) sets the rates for Investor-Owned Utilities (IOUs), which provide most of the utility services in Ohio. Per FAR 15.403-1(c)(2) “Prices set by law or regulation. Pronouncements in the form of periodic rulings, reviews, or similar actions of a governmental body, or embodied in the laws, are sufficient to set a price”. NASA intends to utilize the rates set by the PUCO, and these rates are considered to be non-negotiable.

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 market research conducted includes: A review of mandatory sources according to FAR part 8, communication about procurement history with NASA technical representatives, communication with GSA, and a search of internet sources. Communication with GSA revealed that there are no GSA Areawide contracts covering Gas Transportation Services in the Sandusky, Ohio. Therefore, there are no mandatory government sources per FAR part 8.

Procurement history revealed that Columbia is the sole owner of the natural gas transportation pipelines that service the entire county. Therefore, a sole source contract with Columbia Gas of Ohio is the only viable option.

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). The synopsis was posted on March 7, 2022 for 15 days and one response was received from American Electric Power (AEP). The synopsis closed on March 22, 2022 at 4pm EDT. A meeting was held on Microsoft Teams with AEP on March 29, 2022 at 1pm EDT. AEP stated that they are able to provide gas supply services but not gas transport services. Since AEP cannot provide gas transport services, they do not meet the Government's requirements and therefore will not be considered for this procurement. No other respondent provided a written response to the posted synopsis.

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.

Gas Transportation Services / 80GRC022CA010

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Don Swedinovich Technical Representative

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

Jeremiah O’Callahan Contracting Officer

DONALD

SWEDINOVICH

Digitally signed by DONALD

SWEDINOVICH

Date: 2022.04.01 14:37:39 -04'00'

JEREMIAH

O'CALLAHAN

Digitally signed by JEREMIAH

O'CALLAHAN

Date: 2022.04.01 14:47:09 -04'00'