NERCC -- DandF for Consolidation of Requirements.pdf

Rev.: 11/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

KENNEDY SPACE CENTER (KSC)

Determination and Findings (D&F) for Consolidation of Requirements

Findings

I. Requirement Specific Information

A. Proposed/New Requirement

1. Description of Services: This is for Agencywide environmental restoration and environmental compliance services. The restoration professional services include, but not limited to, technical consultation; identifying, sampling, remediating, or provide long term management of affected environmental media; and preparing plans, designs, and reports. The compliance professional services include, but not limited to, technical consultation, conducting studies and preparing permit applications, and preparing plans and reports. This multiple award contract will provide a highly flexible contracting vehicle for participating Centers.

2. Identify whether the requirement will be competed or sole source: Competed

3. Solicitation Number Contract Name, or Contract Number, if known:

80KSC022R0015, NASA Environmental Restoration and Compliance Contract (NERCC)

4. Contract Vehicle (e.g., contract, task order, IDIQ contract): Multiple Award

Indefinite Delivery Indefinite Quantity (IDIQ) contract

5. Period of Performance (including all options): February 1, 2024 – January 31, 2029 Note: date might shift depending on when reviews are completed.

6. Estimated Value of the New Requirement (including all options as well as annual value): $375M

B. Current/Former Requirement(s) i.e., the impacted contract(s)/those that will not be recompeted:

1. Contract Number(s) by Center: Ames Research Center (80ARC020F0036), Armstrong Flight Research Center (80AFRC20F0066), Glenn Research Center (80GRC018C0022), Goddard Space Flight Center (80GSFC21CA008), Johnson Space Center (80JSC018D0006 and 80JSC018A0012), Kennedy Space Center (80KSC019D0010, 80KSC019D0011, and 80KSC019D0012), Langley Research Center (80LARC17C0005), Marshall Space Flight Center (80MSFC19D0021, 80MSFC18D0003, NNM17AA11C, and 80MSFC17C0007), and Stennis Space Center (NNS15AA01C and

80SSC020C0001).

2. Current/Former Contract Value(s):

ARC $ 30,000,000.00*

AFRC $ 6,400,000.00*

GRC $ 41,000,000.00

GSFC $ 3,600,000.00

JSC $ 91,000,000.00

KSC $ 300,000,000.00

LARC $ 9,000,000.00

MSFC $ 279,000,000.00

SSC $ 164,000,000.00

Total: $ 924,000,000.00

*AFRC’s and ARC’s values are the potential value of IDIQ task orders on the GSA Schedule over a five year period.

Note: The contract values above are the combined values for each of the nine Centers.

3. Description of Services: This is for Agencywide environmental restoration and environmental compliance services. The restoration professional services include, but not limited to, technical consultation; identifying, sampling, remediating, or provide long term management of affected environmental media; and preparing plans, designs, and reports. The compliance professional services include, but not limited to, technical consultation, conducting studies and preparing permit applications, and preparing plans and reports.

C. Is this a contract/order because of a Product Service Line (PSL) in accordance with

PIC 18-01?

Yes. If so, provide the PSL Environmental Remediation and Environmental Compliance.

II. Justification

A. Market research has been conducted (FAR 7.107-2(a)(1)).

1. Source Sought posted March 16, 2022 – March 31, 2022

2. NF 1787A 80KSC022R0015

B. Quantify the specific benefits of the proposed consolidation/consolidated requirement by completing each of the following tasks (each task must be completed) (FAR 7.107-2(c)):

1. Compute the contract cost savings or reduction:

Across the agency, the current contract potential value for all the existing environmental services’ contracts is $1.297B with an average period of performance (PoP) of 4.78 years. Dividing the potential value of $1.297B by the average PoP of 4.78 years results in a $271.1M potential value per year.

With the Government looking to award multiple new IDIQ contracts with a total potential value of $375M over a five-year ordering period ($75M per year), there is a cost-saving of approximately $196.1M per year ($271.1M minus $75M). This is roughly a 72% cost reduction ($196.1M divided by $271.1M).

2. Compute the administrative or personnel cost savings and provide the supporting documentation for this computation:

Personnel cost: Currently, KSC conducts an environmental remediation evaluation board for a new Environmental multiple award IDIQ about every five years. The estimated personnel cost for this acquisition was prepared by averaging General Schedule (GS) pay from several different regions and utilizing these averages for typical positions that are involved in a contract recompete. A total value of $256K was determined and utilized to demonstrate Personnel costs, see Attachment 1 – Cost of Acquisition.

The Contracting Officer spends approximately 800 hours on this acquisition during the 18 to 24-month long acquisition. 75 hours are used for developing synopsis, reviews, updating, and making corrections. 75 hours are used for completing source sought, market research, 1787 & 1787A, and reviewing the technical evaluation. 20 hours are used responding to questions, completing amendments, and posting them on Sam.gov. 30 hours are used for reviewing submissions for accuracy and responsiveness. 80 hours are used for reviewing submissions with the technical board for technical accuracy, reviewing consensus, and technical write-ups. 40 hours are used for scheduling oral presentations, conducting pre-presentation previews and leading orals presentations. 30 hours are used for assisting the technical team with oral presentation write ups. 10 hours are used for reviewing the Source Selection Authority (SSA) write up and presentation. 400 hours are used for drafting pre-negotiation memorandums, price-analysis, cost analysis, reviewing small business subcontracting plans, reviewing safety plans, requesting documentation from offerors, creating award documents, reviewing, and negotiating Advance Price Rate Agreements (APRAs), verifying offeror’s SAM entry’s, VETS 4212, EEO Clearances, making corrections to policy/legal write up, and public announcements. Finally, 40 hours is required to complete new task orders for the minimum guarantee for each awardee.

The Team Lead reviews the Contracting Officer’s documents. The team lead spends approximately 520 hours on this acquisition. 60 hours are used for reviewing the source sought, market research, 1787 &1787A, technical evaluation, and synopsis. 100 hours are used for briefing leadership on status (monthly meetings). 20 hours are used for reviewing questions & responses and amendments. 20 hours are used for reviewing proposals for accuracy and responsiveness. 20 hours are used for reviewing proposals with the technical board, reviewing consensus, and technical write-ups. 30 hours are used for assisting in scheduling oral presentations, conducting pre-presentation previews, and conducting orals presentations. 10 hours are used for assisting the technical team with oral presentation write up. 10 hours are used for reviewing SSA write up and presentation. 260 hours are used for reviewing pre-negotiation memorandums, price-analysis, cost analysis, small business subcontracting plans, safety plans, requesting documentation from offers, award documents, APRA agreements, SAM entries, VETS 4212, EEO Clearance, corrections to policy/legal write ups, public announcements, and new task orders for minimum guarantee for each awardee.

The OP-CS Chief spends about 120 hours in Environmental Restoration and Compliance meetings, reviewing SSA letters, signing final awards, SSA briefing, and finalizing award approval documents.

The Director of Procurement spends about 60 hours in Environmental Restoration and Compliance meetings, reviewing and signing SSA letters, and attending the SSA briefing.

The Technical Committee Lead spends approximately 420 hours on an Environmental Restoration and Compliance requirement. 40 hours are used for developing synopsis, reviews, updating, and making corrections. 40 hours are used for assisting with source sought, market research, and writing the technical evaluation. 16 hours are used for reviewing questions and providing responses. 240 hours are used for reviewing submissions. 60 hours are used to assisting and attending oral presentations and write up. Four hours are used for the SSA presentation. 20 hours are used for assisting in drafting the award documentation.

The Technical Team Member (2-4 members) spends approximately 300 hours on an Environmental Restoration and Compliance requirement. 240 hours are used in reviewing submissions for technical accuracy. 56 hours are used assisting and attending oral presentations and write-ups. Four hours used for the SSA presentation.

The Finance personnel spend about eight hours processing PRs and getting PRs approved.

The SSA spends about 60 hours reviewing SSA letters, attending Environmental Restoration and Compliance meetings, reviewing technical committee documents, signing the final SSA approval letter, and attending award briefing recommendation.

The Board Chair spends approximately 520 hours on an Environmental Restoration and Compliance requirement. 60 hours are used for developing synopsis, reviews, updating, and making corrections. 60 hours are used for assisting with source sought, market research, and writing the technical evaluation. 16 hours are used for reviewing questions and responses. 240 hours are used for reviewing proposals. 60 hours are used to assisting and attending oral presentations and write up. 60 hours completing SSA presentation. Four hours are used for the SSA presentation. 20 hours are used for assisting in drafting the award documentation.

The Voting members (3-6 members) spend about 120 hours on an Environmental Restoration and Compliance requirement. 20 hours are used reviewing the synopsis and providing feedback. 20 hours are used for reviewing submissions. 20 hours are used for various Environmental Restoration and Compliance meetings. 48 hours are used attending and providing feedback on oral presentations. Four hours are used for the SSA meeting. Eight hours are used for reviewing the technical report review.

The Legal Counsel spends about 200 hours on an Environmental Restoration and Compliance requirement. 24 hours are used to review the synopsis. Eight hours are used reviewing questions and responses. 60 hours are used to review technical committee reports and proposals. 56 hours are used attending and providing feedback on oral presentations. 24 hours are use reviewing award documentation. Eight hours are used for reviewing and attending the SSA presentation. 20 hours are used for various Environmental Restoration and Compliance meetings.

The Lead Legal Counsel spends approximately 60 hours in Environmental Restoration and Compliance meetings, final review, SSA presentations, and final award review.

The Policy Review personnel spend about 24 hours on pre-award Environmental Restoration and Compliance documents and 24 hours on Environmental Restoration and Compliance award document reviews.

An explanation of the costs for the previous acquisitions is shown in Attachment 1. It also details the hourly wages of employees that participated in the major acquisition of an IDIQ.

The Government is consolidating contracts from all NASA centers. The personnel cost of an acquisition for an Environmental Remediation and Compliance evaluation board is approximately $256,152.85, see explanation of this cost in the first paragraph of this section and see Attachment 1 –Cost of Acquisition). With the reduction of nine boards down to one, the Government can expect to save approximately $2,049,222.80.

3. State the percentage of the cost savings or reduction:

With a contract cost savings of $196.1M per year and the personnel cost savings of $2.049M, this is a total saving of $198.149M. The total savings of $198.149M divided by the estimated contract potential yearly value of $75M gives us a 264% cost savings.

Check here if this requirement meets the substantial benefits definition/threshold as described at FAR 7.107-2(d).

C. Describe the additional benefits of the planned consolidation, FAR 7.107-2(c).

By awarding these Agencywide IDIQ multiple award contracts NASA is eliminating the need for the other Centers from having to acquire their own Environmental services.

D. Identify alternative contracting approaches that have been considered that would involve a lesser degree of consolidation (FAR 7.107-2(a)(2)).

The Mission Support Future Architecture Program (MAP) governs the overall acquisition strategy and contracting approach of this procurement, including the degree of consolidation. MAP implements a phased plan to transform all mission support functional areas from their current state to an enterprise architecture. MAP is the program and governing approach, established by the Executive Council and approved by the NASA Administrator, to oversee all Mission Support Architecture projects, including the Procurement Transformation project. The goal of the Procurement Transformation project is to consolidate the myriad of contracts we currently have in these areas to fewer, more centralized, and easier to manage contracts. This consolidation memo supports the centralization of two of these areas: Environmental Restoration; and Environmental Compliance.

E. Describe the impacts of the acquisition strategy on contracting with small business concerns; be sure to specifically address:

1. These multidiscipline multiple-award IDIQs will not impact small businesses.

NASA awarded 7 of the 14 contracts to small businesses. With this new acquisition, NASA intends to award between 4 and 6 IDIQ contracts. The Government intends to award 50% of the awards to small businesses. However, the government reserves the right to only make awards to other than small businesses if no small businesses are deemed highly technically qualified. We intend to include small business subcontracting goals to encourage the awardees to select small businesses to fulfill their subcontracting needs. The following subcontracting goals have been determined to be reasonable:

Business

Classification Available

Firms % of Total

Firms Subcontracting

Goal

EDWOSB 9 3.21% 0.32%

HUBZone 10 3.57% 0.36%

SDB 123 35.71% 4.39%

SDVOSB 36 12.50% 1.25%

VOSB 44 15.71% 1.57%

WOSB 59 21.07% 2.11%

Total Goal 280 100.00% 10.00%

Market research determined that no small businesses could provide all the environmental services required for each center. Currently there are seven small businesses providing only some of the specific elements required for this new acquisition. The Government believes that there could be at least two fully capable by the time of award. We also will promote small businesses to team with other small businesses or large businesses so they can meet all the technical qualifications.

NASA awarded 50% of all the IDIQ Environmental Remediation contracts to small businesses. We intend to maintain 50% small business awards on the IDIQ if possible.

Note: Discussions on going as to how many contracts will be needed. KSC intends to award 4, however with the option to go up to 6, per the request of Headquarters.

2. The total small business for all NASA Centers contracts may be reduced from

7 to 2. Selection of new contractors is based on technical qualifications so a specific number of small businesses will not be known until award. The total amount of overall contracts will be reduced from 14 to between 4 and 6 contracts.

F. Select all the steps taken to include small business concerns in the acquisition strategy for the planned consolidation. In addition to numbers 1 and 2 below, include any other steps taken. Check all that apply below.

1. Incorporated recommended small business subcontracting goals in the draft and final request for proposal (RFP), in accordance with NPD 5000.2 Small Business Subcontracting Goals and NFS 1815.304(c)(4)(B).

2. Evaluation of offerors’ small business subcontracting commitment as a part of the evaluation criteria, NFS 1815.304(c)(4)(C).

III. Determination

In accordance with the findings provided above, I determine that it is in the best interest of the Agency to consolidate the requirements. This written determination demonstrates that this consolidation is necessary and justified.

DETERMINATION AND FINDINGS FOR AUTHORITY TO CONSOLIDATE

REQUIREMENTS

SIGNATURE PAGE

Daniel Heggen Contracting Officer

Joyce McDowell KSC Small Business Specialist

I have reviewed the above determination and findings and have no legal objection with respect to it. Comments, if any, are included in the file

Tracy Lee Belford Office of the General Counsel at KSC

Edwin Martinez Acting Director, Procurement

Charles Williams Cognizant Office of Small Business Programs Program Manager

Date: 2022.07.06 12:45:59 04'00'

EDWIN

MARTINEZ

DETERMINATION AND FINDINGS FOR AUTHORITY TO CONSOLIDATE

REQUIREMENTS

SIGNATURE PAGE (CONTINUED)

Digitally signed by SCOTT

BARBER

Date: 2022.09.14 14:04:27 04'00'

Scott Barber Associate General Counsel for Procurement Law HQ Office of the General Counsel

APPROVAL:

Karla Smith Jackson Senior Procurement Executive

SCOTT BARBER

Marvin Horne Digitally signed by Marvin Horne Date: 2022.10.08 14:10:42 -04'00'