NASA JOFOC-2022-004.pdf

JOFOC-2022-004

Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Agency-wide Acquisition Support Services (AWASS)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80NSSC19D0002

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 sole source justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) Shared Services Center (NSSC).

The procuring agency is NASA, and the contracting activity is NSSC.

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 modification to contract number 80NSSC19D0002 with Seventh Sense Consulting, Inc. (SSC) to increase the Indefinite Delivery Indefinite Quantity ceiling value by $9,699,471.09, increasing the overall total ceiling value from $24,603,615.66 to $34,303,086.75, and remove Option Year 4 from the Period of Performance (POP). To date, $17.7M has been obligated, reaching 75% of the initial overall value with 2.5 years remaining of the 5-year period of performance, provided all options were exercised (October 1, 2019 – September 30, 2024).

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 action increases the ceiling of the AWASS contract, to support a wide range of professional acquisition services necessary to assist NASA procurement offices in acquiring goods and services to support the many varied and evolving missions of the Agency. The scope of work is divided into two areas: 1) Acquisition Support Services, and 2) Contract, Grant and Cooperative Agreement Closeout Support Services.

The POP for the contract was originally awarded for a total of five years from October 1, 2019 - September 30, 2024. However, NASA is reducing the POP to four years with a revised end date of September 30, 2023, with an Option to Extend Services up to 6-Months.

NASA intends to have the follow-on contract to AWASS awarded for October 1, 2023.

There is insufficient ceiling value to provide these services through the end of the revised contract period of performance. The estimated value of the ceiling increase associated with the increase in utilization under this JOFOC is $9,699,471.09 and brings the total contract value from $24,603,615.66 to $34,303,086.75.

Rev.:01/2021

The proposed ceiling increase amount of $9,699,471.09 is based on historical delivery order trends, estimates for future work to include acquisition support from other Centers as well as 10% built in for unknown closeout support requirements.

While the Performance Work Statement (PWS) states that other NASA Centers could issue task orders under the AWASS contract, the original ceiling estimate did not include estimates from some NASA Centers who stated early in the market research phase they would leverage their center-specific acquisition support services contract and not utilize the AWASS contract.

In 2016, during the time the AWASS acquisition was being drafted, Marshall Space Flight Center (MSFC) was recompeting the follow-on contract for Acquisition and Business Support Services (ABSS) (NNM11AA30C). That acquisition was subsequently cancelled, allowing MSFC to then leverage the AWASS contract for their center’s acquisition support requirement. However, MSFC’s additional requirement utilized contract value at a faster rate than originally planned by issuing $9M in task order value. This had a major impact on the AWASS ceiling instantly.

On November 1, 2019, NASA issued Procurement Notice (PN) 19-12 that established NASA FAR Supplement Appendix A which provides a centralized location for the inclusion of enterprise procurement strategies and established the AWASS contract as a mandatory use contract for acquisition support services. This led to an increase in the projected agencywide utilization rate due to active center-specific acquisition support contracts expiring and those requirements transitioning to the AWASS contract. The AWASS internal government estimate (IGE) did not account for AWASS becoming an Agency mandatory source contract.

The IGE based the total cost for LOE acquisition support services on 44 work-year equivalent (WYE) labor categories that only included escalation for labor rates but not additional WYEs.

The AWASS contract currently stands at 74 active WYE required to support the growth experienced in this area.

The AWASS contract also experienced increased utilization as a result of the COVID-19 pandemic in several unexpected ways. As a result of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, NASA issued a Task Order to evaluate cost incurred from contractors with advance agreements related directly to the Government’s response to the pandemic. The Office of Procurement developed an Advanced Agreement to be incorporated by contract modification for applicable contracts that laid the ground rules for provisional billing of cost/price impacts associated with the health crisis and promote NASA contractor’s ability to maintain a state of readiness. The Contractor under the Task Order

Rev.:01/2021 issued was required to support NASA Procurement in responding to coronavirus related procurement actions. This order had a total contract value of $621,000.00 and could not have been predicted at the time of the AWASS contract award.

Another unexpected side-effect of the COVID-19 Pandemic was the shift from local onsite performance to remote work capability. Acquisition Support services is an industry that saw a growth in its available employee candidate pool as more remote positions became available. NASA Centers chose to leverage the capability under the AWASS contract to hire contract support from anywhere. Therefore, this resulted in increased utilization that was not anticipated in the development of the solicitation.

In NASA’s fiscal year (FY) 2021 Agency Financial Report, NASA made great strides in improving timely closeout of contracts, grants, and cooperative agreements. The Office of Procurement implemented several corrective action plans in addition to establishing a Closeout Capability Group, as well as a Contract Closeout Guidebook which was incorporated into the NASA FAR Supplement to ensure that proper use of NASA’s resources remain a top priority to prevent fraud, waste and abuse across the Enterprise. In order for Contract Closeout to remain in the forefront of NASA’s mission, the proposed contract ceiling increase is necessary to support the continued agencywide implementation and sustainment of the AWASS contract.

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(a)(2)(iii), Only one responsible source and no other supplies or services will satisfy agency requirements. As further defined in FAR 6.302- 1(a)(2)(iii)(B), services may be deemed to be available only from the original source in the case of follow-on contracts 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.

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 as described below.

The incumbent contractor was selected based upon an 8(a) competitive process having received 22 proposals. SSC has continued to demonstrate they are technically capable to perform the subject contract for AWASS.

While the solicitation received 22 proposals, market research has shown there is no known company whose management has the ability to become familiar with the AWASS contract and provide a seamless continuation of the services and operations without risk of interruption of critical services or the risk of unacceptable delays. The synopsis results that

Rev.:01/2021 led to this determination are summarized in section 10 of this document. Though a new contractor could potentially hire the incumbent employees, the Government estimates a new contractor management staff would likely spend 2 to 4 months familiarizing themselves on this requirement.

While other potentially capable contractors exist, it would take time and require substantial additional resources to recompete this effort with the remaining period of performance on the contract. Furthermore, the transition period to familiarize a new contractor with the current requirement would result in disruption of critical requirements, which will continue to be performed under the AWASS Contract. This action to increase the ceiling would allow sufficient time to start the recompete of this requirement a year early.

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 of intent to sole source to the Government Point of Entry (GPE) website (Sam.gov) was published on March 1, 2022 for 15 days in accordance with FAR 5.201(b)(1)(ii). This synopsis informed potential sources of NASA’s intent to award this sole-source modification to Seventh Sense Consulting, Inc. The results of this synopsis are summarized in Section 10 below.

Furthermore, competition was pursued at the onset of the AWASS contract under the original solicitation in 2018, therefore all efforts to obtain competition will be focused on the follow-on acquisition and not for this ceiling increase.

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 price to the government will be fair and reasonable.

Contract rates have been established covering the periods of performance for this entire contract. The Contracting Officer established price reasonableness for the offered prices at the time of award through the use of the IGE along with obtaining adequate competition during the solicitation.

In accordance with Federal Acquisition Regulation (FAR) 17.207, NASA FAR Supplement (NFS) 1817.207, and NFS 1817.207-70, the contracting officer has considered price and completed market research in preparations to exercise the option period.

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:

In addition to the synopsis posted on March 1, 2022, a recent market analysis conducted by the Government determined the cost to transition to another company to perform the services for the remaining Option Year and potential Option to Extend would be cost prohibitive and

Rev.:01/2021 not in the best interest of the Government for Acquisition Support Services and Closeout Support. The Government team has no reasonable expectation for market fluctuation that would require a subsequent survey to be necessary.

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

In accordance with the NASA FAR Supplement (NFS), Appendix A, Section A-102.4, the AWASS contract is the mandatory use contract for acquisition support services.

Seventh Sense Consulting, Inc. is the only current entity possessing the detailed knowledge necessary to provide a seamless continuation of the services and operations provided under the AWASS contract.

The current contract has 11 active Task Orders, with three Centers transitioning their acquisition support in FY22 from a center-specific contract to the AWASS contract, bringing the new total to 14 Task Orders.

Because this contract is the mandatory use contract, reprioritizing existing tasks and shifting current or new requirements to other IDIQ support service contracts is not aligned with the

NFS.

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 notified all interested sources that this requirement will be issued on a sole-source basis and provided them an opportunity to submit their interest and capabilities to the Contracting Officer within 15 days of the synopsis publication. There were four (4) responses received:

i. Acquisition Experts, LLC

ii. Monbo Group International (MGI), Ltd

iii. Orion Consulting Group, Inc

iv. Petra Strategy, LLC

Acquisition Experts, LLC, Monbo Group International (MGI), Ltd, and Orion Consulting Group, Inc. submitted capability statements in response to the synopsis. Petra Strategy, LLC responded to the synopsis but did not provide a capability statement. Instead, Petra Strategy, LLC requested information on the base contract and was directed to submit a Freedom of Information Act (FOIA) request on the NASA website.

The capability statements submitted by Acquisition Experts, LLC, Monbo Group International (MGI), Ltd, and Orion Consulting Group, Inc. did not display clear and

Rev.:01/2021 convincing evidence that competition would be advantageous to the Government or that they could step in and perform the work without any disruptions. All responses illustrated the general capabilities of each firm. However, the responses did not demonstrate a clear path to how the responding firm could immediately transition into the requirement without any impacts to NASA or object to the issuance of this justification to raise the ceiling for NASA IDIQ 80NSSC19D0002. NASA reached out to all respondents to verify each firm did not object to the issuance of this justification to raise the ceiling. Three firms did not respond to NASA’s inquiry and one replied stating they had no objection to the JOFOC.

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:

NASA will be removing the final option year of the AWASS contract and is currently establishing its acquisition strategy to procure the follow-on requirement. This action is being taken to support future applicable NASA requirements, remove current barriers to competition, and promote competition for the follow-on. The anticipated award date is currently estimated to be in line with the period of performance end date of Option 3 for 80NSSC19D0002 to ensure there is no lapse in service for future requirements. Therefore, recompeting the remaining duration of the current IDIQ would result in substantial duplication of effort regarding acquisition planning, evaluating contract proposals, and post-award administration.

Rev.:01/2021

AGENCY-WIDE ACQUISITION SUPPORT SERVICES (AWASS)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Technical Representative Rochelle Overstreet

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

Contracting Officer Desiree Vogt

CONCURRENCES:

Procurement Officer Eli Ouder

APPROVAL:

Competition Advocate Acquisition Support Services Marvin Horne

ROCHELLE

OVERSTREET

Digitally signed by

ROCHELLE OVERSTREET

Date: 2022.07.11 09:05:33 -05'00'

Desiree Vogt

Digitally signed by Desiree Vogt Date: 2022.07.11 12:03:10 -05'00'

ELISHAM

A OUDER

Digitally signed by

ELISHAMA OUDER

Date: 2022.08.05 08:55:32 -05'00'

Marvin Horne

Digitally signed by Marvin Horne Date: 2022.08.19 12:49:36 -04'00'