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Rev.:3/2025

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center

Justification for an Exception to Fair Opportunity Engineering Services During Construction of VAB Power Phase 1 (Tower C), KSC, FL Project Control Number: 99300.1

Description of the action being approved: This justification documents the basis for issuing an order under the SERAE contract 80KSC022DA117, AECOM TECHNICAL SERVICES, INC., (AECOM) using an exception to the Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs: This action is a firm-fixed price order, for architect and engineering (A&E) services during the Engineering Services During Construction (ESDC) of VAB Power Phase 1 (Tower C), PCN 99300.1. The total estimated price of the proposed order is $ and the estimated period of performance is 890 calendar days from date of award.

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(A), The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

FAR 16.505(b)(2)(i)(D), It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E), For orders exceeding the simplified acquisition threshold a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

Rev.:3/2025 replicate without a thorough understanding of the context in which it was design. This process would add approximately additional labor hours to the program, with an additional total cost for recertifying the design exceeding $ . Additionally, it could impact the schedule by one month before the project can proceed.

A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

The CO will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.