KPSC II Extension JOFOC_Redacted.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

KENNEDY SPACE CENTER (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For NNK16OS01C, KSC Protective Services Contract II (KPSC II)

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

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 modification to contract number NNK16OS01C with Chenega Infinity, LLC for a one year extension to the period of performance, for the period of October 1, 2021, through September 30, 2022, to ensure uninterrupted delivery of protective and fire services at KSC during a critical time of launch operations.

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 KPSC II contract serves a critical role in not only supporting launch requirements, but also by providing day-to-day protective services to the Center. Chenega Infinity, LLC has been providing protective services, to include physical security operations, personnel security, program security, resource protection, badging, 911 dispatch center, firefighting, fire prevention and fire protection engineering, aircraft rescue and firefighting, advance life support ambulance services, emergency management, Federal law enforcement and law enforcement training, as well as surges of activities related to launch and landing support for aerospace vehicles, mutual aid to surrounding communities, and emergency assistance to other NASA Centers, since July 2016. In addition, the contractor is responsible for the Pad Rescue Function where they provide emergency pad rescue capabilities for all personnel at the pads during launch operations when personnel are inside of the Blast Danger Area. The current period of performance for Option Year 4 ends on September 30, 2021. The one-year extension, from October 1, 2021, through September 30, 2022,

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 United States Code (U.S.C.) §2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other type of 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 FAR 6.302-1(a)(2)(iii)(B) that services may be deemed to be available only from the original source in the case of follow-on contracts (extension in this case) for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the Agency’s requirements as described below.

This extension is the most prudent business course of action, as it would provide uninterrupted delivery of protective services during a critical time of launch operations. The contractor has the experience, management skills, and uniquely trained personnel to carry out the day-to-day operations as well as surge activities. Chenega has received Exceptional ratings in the Contractor Performance Assessment Reporting System over the course of the contract.

During fiscal year (FY) 2021 and FY 2022, KSC will be supporting a demanding launch schedule that not only includes Agency and other Governmental (e.g., Department of Defense and National Oceanic and Atmospheric Administration) space activity, but also commercial launch activity, and the first Artemis launch and Crew-2. Transitioning to a new contract and contractor during this time will increase risk to critical program missions. In addition, due to Mission Support Future Architecture Program, any new protective services contract will be separate from fire services. As a result, not only would KPSC II transition to a new contract/ contractor, it could potentially transition to multiple contracts/contractors, which would create additional risk as all services are currently accustomed to being under the purview of one contract and multiple contracts would require an increased level of coordination between contractors.

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) Web site <beta.sam.gov> was published on January 8, 2021, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source extension to Chenega Infinity, 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 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.

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:

To enable competition in the future for recurring requirements, NASA KSC is working on the requirements for new regional protective services and fire services. Those Source Evaluation Boards (SEBs) are currently engaged and contracts will be awarded on a competitive basis. At the conclusion of this one-year extension, the services will transition to the new contracts that will be established.