RedactedFair Opportunity Exception_Pathfinder IS_final signed.pdf

Rev.:3/2025

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NASA Langley Research Center (LaRC)

Justification for an Exception to Fair Opportunity

Description of the action being approved:

This justification documents the basis for issuing a new Cost-Plus-Fixed-Fee (CPFF) Task Order (TO) to Ryzing Technology (Ryzing) under Track A of the Multiple Award Inflatable Aerodynamic Decelerators (IAD) Indefinite Delivery Indefinite Quantity (IDIQ) Contract using the Exception to Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs:

This action is for a new CPFF Task Order under Track A of the Multiple Award IAD IDIQ Contract titled “Pathfinder Tori and Hose Fabrication” The total estimated price of the proposed task order is $821,434 and the estimated period of performance is 182 calendar days after Task Order Award (TOA).

Identification of Eexception 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.

FAR 16.505(b)(2)(i)(G), The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 (10 U.S.C. 3406(c)(5). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

Supporting Rationale:

An Exception to Fair Opportunity is requested to issue a new CPFF TO as a logical follow-on to Ryzing) under the existing Track A of the IAD contract 80LARC22DA003. Ryzing was initially awarded two separate CPFF orders that were competed among the four (4) Track A IAD vendors.

TO 80LARC23FA034 titled “Large Scale Inflatable Torus Fabrication and Test” required the vendor to initially design, fabricate, inflate, and test multiple tori. TO 80LARC24FA008 titled “HIAD Inflation Fill and Sense Lines Fabrication” required the vendor to fabricate and test article hoses.

In advancing the HIAD technology to meet the need for increased load capacity in the torus, and to build upon the successful inflation and testing of tori fabricated under TO 80LARC23FA034, Ryzing was issued a new CPFF logical follow-on order, titled “High Capacity, Large Scale Inflatable Torus Fabrication and Test.” This follow-on TO required the vendor to leverage off their government approved designs, procedures, and methods to fabricate and test three (3) torus articles with an increased inflation pressure and higher rated materials.

As a result of Ryzing’s continued success, technical maturity and proven methods in fabricating tori and hoses under the above mentioned tasks, a logical follow-on task order is being issued to Ryzing to perform detailed design, fabrication, and testing of the components necessary to build a full HIAD article, The advancement of these efforts continues to support the NASA Langley Research Center (LaRC) led Vulcan Engine Recovery Aeroshell (VERA) flight project.

To meet the requirements of this task Ryzing will leverage their unique expertise gained from the prior HIAD article work and utilize their drawings, procedures, fixtures, and highly specialized fabrication and coating tooling developed and approved by the government under previously awarded orders. Ryzing’s previously developed requirements will be used to fabricate and test the torus articles and hoses under the new follow-on task, providing a significant savings in cost and time to the Government. Costs associated with the drawings, procedures, and fabrications tooling labor represents an investment of $350K+ and over a year of extensive research and development (R&D) effort.

Competing this requirement and potentially awarding to a new IDIQ Contractor would result in significant schedule delays, increased costs, and further testing and approvals to develop new drawings, procedures, and special fabrication tooling which would ultimately hinder the NASA’s critical path progression. The re-procurement of new drawings, procedures, and special tooling with an alternate contractor, or the additional time required for an alternate contractor to integrate the technologies already developed by Ryzing, would lead to significant duplication costs which are not expected to be recovered through competition and would lead to unnecessary delays in meeting the Government’s requirements.

Awarding the follow-on task for the Pathfinder Tori and Hose Fabrication to Ryzing, under the Exception to Fair Opportunity, is the most advantageous strategy to meet the Government’s requirements, as their previously fabricated tori and hoses have been designed, fabricated, tested and successfully proven to meet the specific requirements under the VERA project schedule and delivery of articles, ultimately resulting in a significant cost and time savings approach.

Determination that the anticipated cost to the Government will be fair and reasonable:

Ryzing will be requested to submit a cost/price proposal for the new CPFF task order to be evaluated and negotiated by the Government. Comparison of the proposal will be made to the Independent Government Cost Estimate (IGCE), and the schedule of rates for labor and indirect rates, which were previously negotiated and incorporated into the basic contract. In addition, the cost proposal will be compared to previously awarded orders for the same or similar services performed to determine reasonableness. Prior to the execution of the task order, a cost/price analysis will be performed to ensure the final agreed-to-price for the task order is fair and reasonable.

Other Facts:

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.

VERA Pathfinder Tori and Hose Fabrication

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SIGNATURE PAGE

I certify that the requirements and technical data contained herein, and which form a basis for this justification are accurate and complete.

Hillary Blakeley Technical Representative

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the content herein, it is determined there is substantial evidence to justify this exception to fair opportunity.

Ashley Korahaes Contracting Officer

APPROVAL:

Based on the information provided in this justification, and as the approving official, I have determined that the exception at FAR 16.505(b)(2)(i)(C) applies to the order.

Teresa Hass Competition Advocate NASA Langley Research Center

Hillary Blakeley

Digitally signed by Hillary Blakeley Date: 2025.08.05 14:37:28 -04'00'

Ashley Korahaes

Digitally signed by Ashley Korahaes Date: 2025.08.06 08:44:38 -04'00'

Teresa Hass Digitally signed by Teresa Hass Date: 2025.08.08 09:25:32 -04'00'