Redacted_ASRS Contract NNA16BD58C JOFOC Extension v3.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NASA Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Aviation Safety and Reporting System (ASRS) and Related Systems, Contract No. NNA16BD58C

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) Identification of the agency and

This document is a justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) Ames Research Center (ARC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is the Procurement Office located at ARC. This JOFOC is recorded in the ARC JOFOC Log as JA-FY20-J016.

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 an extension to contract number NNA16BD58C with Booz Allen Hamilton, Inc. for up to eighteen additional months, consisting of a one year base period (from May 9, 2021, through May 8, 2022), and two three-month option periods (from May 9, 2022 through November 8, 2022), if all options are exercised. The purpose of this extension is to provide on-going screening and safety operational support for mission-critical requirements and ensure continuity of operations of the national voluntary safety reporting systems, pending placement of the follow-on ASRS and Related Systems contract, which will be awarded using competitive procedures.

3. FAR 6.303-2(b)(3) A description of the supplies or services required, to meet the

Since 1976, the mission of the ASRS has been to provide information concerning current and potential deficiencies and discrepancies in the operational performance of the National Airspace System and to maximize the effective use of that information to further aviation safety and system planning. The current ASRS contract awarded on May 9, 2016, has two primary aspects: the maintenance and operation of a voluntary, independent, confidential incident reporting program, and research and development using incident reports to support improvements in the performance and safety of the current and future aviation system. The ASRS functions through an Interagency Agreement with the Department of Transportation's Federal Aviation Administration (FAA). The ASRS program is nationally and internationally recognized as an effective and trusted model for confidential safety reporting. As a result of this reputation, other Government agencies, and private and public organizations have in establishing new systems of confidential reporting for the purpose of improving safety. The Confidential Close Call Reporting System (C3RS) was established in 2010 through an Interagency Agreement between NASA and the Department of Transportation's Federal Railroad Administration (FRA). C3RS is designed to improve railroad safety by collecting and studying reports detailing unsafe conditions or near miss events in the railroad industry. Railroad personnel can submit reports to C3RS when they are involved in or observe an incident or condition where railroad safety may have been compromised. All reports sent to C3RS are voluntary and are held in the strictest confidence.

In addition to confidentiality, the FRA and participating railroad carriers offer further incentives to those who submit reports to C3RS. Through agreements with the labor organizations, those who report are provided protection from discipline for qualifying events.

The FRA and railroad carriers willingness to provide immunity is an important indication of the value they place on the constructive safety information gathered through incident reporting to C3RS.

This JOFOC documents the justification for executing a sole-source extension of the current ASRS contract for a period of eighteen months, pending completion of the competitive follow-on procurement for the ASRS and Related Systems contract, in order to continue critical requirements performed under the ASRS contract. The ASRS contract provides screening, de-identification, and processing of ASRS and C3RS safety reports; safety products such as alert bulletins, safety telecommunications, and newsletters; research initiatives such as database searches and analysis of safety issues; data and Information Technology (IT) system security assurance. NASA ARC operates and manages the ASRS and other safety reporting systems that are modeled to function as voluntary, independent, confidential systems in aviation and railroad transportation. Therefore, all of these requirements will be performed under this extension.

The current ASRS contract is Cost-Plus Fixed Fee (CPFF). The total potential contract value is $ . The estimated value of the services for the potential eighteen-month extension is approximately $ based on the Independent Government Cost Estimate (IGCE). The IGCE was based on a review of the current requirements, historical direct labor costs, subcontracts, and other direct costs required to continue performance of the ASRS contract for up to eighteen months. Therefore, the current contract value will need to be increased as a result of the proposed contract extension.

The total cost estimate for the proposed extension periods is as follows:

Extension Base Period May 9, 2021 May 8, 2022 $ Extension Option Period 1 May 9, 2022 August 8, 2022 $ Extension Option Period 2 August 9, 2022 November 8, 2022 $

Estimated Total Extension Value $

4. FAR 6.303-2(b)(4) An identification of the statutory authority permitting other than full and open competition:

FOIA Ex. 5 FOIA Ex. 5

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 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), as implemented by FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements is described below.

In accordance with FAR 6.302-1 (a)(2)(iii), for DOD, NASA, and the Coast Guard, 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 substantial duplication of cost to the Government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements. For the reasons set forth below, Booz Allen Hamilton, Inc. is the only responsible source that can reasonably satisfy the subject requirements pending completion of the competitive ASRS procurement.

ASRS and C3RS il, receiving up to 450 safety reports every day Interagency Agreement with federal reimbursable partners FAA and FRA, these reports must be screened by highly skilled expert analysts within 3 to 5 days of receipt, and highly critical safety issues must be disseminated as alert bulletins to the FAA and industry within 30 days. Processing of these ASRS and C3RS safety reports is accomplished through the consistent application of report screening, coding, de-identification and alerting criteria, which have been established to maintain data integrity. This is performed by highly skilled and highly trained safety analysts in both the aviation and rail domains with specialized knowledge of ASRS/C3RS report processing procedures. Expert analysts are required to have over 10 years of expertise in their domain (e.g. pilots, air traffic control, Unmanned Aviation Vehicles (UAVs), dispatch, and maintenance, engineers, conductors etc.). Even with the required domain expertise, it is estimated that training a new expert analyst on the ASRS/C3RS specific report processing procedures requires a minimum of 6 months to attain full competency. The implications associated with transitioning to a new interim contractor while the contract is recompeted will result in unnecessary duplication of cost due to analyst training and phase-in/phase-out costs, and unacceptable delays in fulfilling important report processing requirements per the Interagency Agreement due to start-up tasks and learning curve associated with a new contractor assuming day to day operations.

The current contractor is in the process of completing a $ IT modernization effort of the entire ASRS report processing system funded jointly by NASA and the FAA. This effort entails the design, development, and implementation of custom workbench software used by the expert analysts to process ASRS reports as well as the publicly accessible online database and the ASRS alert manager for issuing Safety Alert Bulletins to the FAA and Industry. The

FOIA

Ex. 5 transition from the current workbench to the newly developed workbench for this live operational system is a complicated endeavor requiring knowledge of the existing and new software, analysts workflow, and database structures. In order to ensure a seamless transition from the old workbench to new, it is highly desirable to have the current contractor carry out the modernization process to completion and implementation stages rather than leave the custom software build in an incomplete state or require an interim contractor to develop the necessary understanding and expertise to assume ownership of this large IT undertaking. The risks associated with a disruption in personnel on this task include not only a delay in the workbench modernization project, but a potential for unacceptable downtime for the ASRS, the public-facing database, and the industry-wide safety alerting system. With report intake at 450 reports a day, even a single day of downtime would be highly problematic. Booz Allen Hamilton uniquely possesses the knowledge of the ASRS working processes, data structures, and IT configuration needed to complete this highly specialized modernization requirement and transition to an interim contractor would be excessively disruptive and impose unnecessary cost and risk to project completion.

Booz Allen Hamilton is also currently augmenting the ASRS reporting capability to incorporate UAVs which requires the development of a new report form, underlying coding taxonomy, and back-end IT systems. Booz Allen Hamilton has developed considerable knowledge and understanding of UAV operations and regulations and are in the process of translating this knowledge into an operational reporting capability that will become an integral part of the current ASRS system. Of paramount importance is the seamless integration of these UAV operator reports with existing underlying taxonomies and data structures in use currently at ASRS. Interruption in these specialized technical activities would result in additional costs and unacceptable delays given the time it would take to gain the specific knowledge that Booz Allen Hamilton has developed in the ongoing development effort. Without the proposed contract extension, it is highly unlikely that NASA will be able to fulfill our obligations to the FAA to stand up a Unmanned Aircraft Systems (UAS) reporting capability, conduct a live industry test of the reporting system, iterate and refine the reporting capability, and provide on-going data to support the FAA-Industry data working group. Booz Allen Hamilton is uniquely qualified to execute this highly specialized integration effort given their comprehensive knowledge of the UAS domain, ASRS reporting capability, taxonomies, and data structures.

The ASRS and C3RS are confidential reporting systems and have never experienced a breach of reporter identity in the 45 years of operations. The ASRS contract requires the contractor to implement several measures to maintain data confidentiality. IT system security assurance requires the specialized knowledge of the IT assets and network configuration possessed exclusively by Booz Allen Hamilton. The contractor is required to maintain an offsite location within 5 miles of NASA ARC

An interim change of contractor while the follow-on contract is being competed would unnecessarily incur excessive costs associated with a change of facility including moving furniture and facility configuration; facility security augmentations, as well as operating costs such as specialized secure high-speed internet access and telephone connectivity. Award to

FOIA Ex. 4 any other source for this interim period would result in substantial duplication and unnecessary costs to the Government that would not be recovered through competition.

Therefore, an eighteen-month extension, rather than a new procurement for the same period, is the only reasonable approach for NASA to take such that it may continue to obtain the important services by ASRS. This makes the incumbent the only reasonable source that can reasonably satisfy these highly specialized requirements pending completion of the competitive follow-on ASRS procurement without incurring a substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable

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 (beta.sam.gov) was published on August 24, 2020, in accordance with FAR Subpart 5.2. This posting informed potential

-source extension to Booz Allen Hamilton, Inc.

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:

(CO) 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. Prior to execution of the modification, a proposal analysis will be performed in accordance with FAR 15.404. The proposal analysis will include cost element analysis, comparison to the IGCE and will utilize appropriate cost and price evaluation techniques ensuring the final agreed-to cost and fee is fair and reasonable. Pre-negotiation objectives will be prepared prior to the initiation of negotiations and will be approved in accordance with FAR 15.406 prior to conducting negotiations. The CO will document the Pre-negotiation Position Memorandum and the results of the negotiation in a Price Negotiation Memorandum as required by the FAR.

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:

ARC conducted market research in support of the decision to award this extension on a sole-source basis to Booz Allen Hamilton. Based on the Contracting Offi technical knowledge of the current ASRS requirements, and for all the other reasons stated herein, market research supports that ASRS is the sole responsible source able to fulfill the short-term ASRS requirements.

Market research was performed in August 2020 which included a synopsis posted on August 24, 2020 on the Contract Opportunities site located on www.beta.SAM.gov. The purpose of source basis and (2) solicit information about interested sources that are capable of providing the required support during the extended period of performance. Interested organizations were requested to submit their capabilities and qualifications in writing. The Contracting Officer received no capability statements in response to the synopsis.

Additional research was completed which included reviews of the following Government databases: the Dynamic Small Business Search (DSBS), the NASA Vendor Database (NVD) and the Federal Procurement Data System (FPDS). These market research tools revealed firms that can provide various types of aviation safety support; however, while there are limited additional firms in the industry, the scope of work required during the eighteen-month period of the proposed contract extension can only be accomplished by the current contractor without incurring a substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the

. Only Booz Allen Hamilton would be able to perform the work without adversely impacting important schedules of work currently being performed on the contract.

Market research indicates that in accordance with FAR 6.302-1(a)(2)(iii)(A) and (B), Booz Allen Hamilton is the only responsible source that can provide the highly specialized services without substantial duplication of cost to the Government that will not be recovered through competition and unacceptable delays in meeting agency requirements. There has been no interest from Industry to perform the requirements under this proposed contract extension.

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

In terms of safety, milestones, scheduled metrics, and deliverables is well organized, prioritized, and safely completed on time and within budget. The most recent performance ratings of the contractor were Exceptional to Very Good.

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 award this sole-source action was synopsized on the GPE website (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above). The notice was posted on August 24, 2020 with a closing date of September 9, 2020. No sources expressed interest in the highly specialized requirements that are required under this contract extension.

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:

ARC has already started the actions for the competitive ASRS and Related Systems follow-on contract. Therefore, there are no actions the agency needs to take to remove or overcome any barriers to competition before any subsequent acquisition for similar services. This sole source award of a potential eighteen-month extension to the ASRS contract is necessary to provide the appropriate time to complete the competitive follow-on procurement and to provide the uninterrupted highly specialized support services needed under the existing ASRS contract during that time.