TOSC JOFOC_Redacted.pdf

Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Kennedy Space Center

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Test & Operations Support Contract (TOSC), Contract Number NNK13MA14C

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 justification for other than full and open competition prepared by National Aeronautics and Space Administration (NASA) Kennedy Space Center (KSC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is KSC.

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 sole-source extension via modification to the Test & Operations Support Contract, contract number NNK13MA14C, with Jacobs Technology, Inc. The requested extension is for an additional period of up to 6 months, as authorized under contract clause I.11, FAR 52.217-8, Option to Extend Services (Nov 1999). This extension allows for continuity of the full scope of services provided under TOSC until the follow-on Consolidated Operations, Management, Engineering & Test (COMET) is awarded. The COMET source evaluation board recently updated their schedule indicating the anticipated contract award date is revised to no earlier than November 2022, with start of performance on or about February 2023. This extension of services aims to cover the gap between the current end date of performance on TOSC (September 30, 2022) and the anticipated start of performance for COMET (February 2023).

This justification is required for compliance with FAR 17.207(f) as the option was not evaluated as part of the initial competition. The proposed modification will extend the services beyond the current end date of September 30, 2022 to ensure continuation of operations, maintenance and sustaining engineering of ground systems, flight hardware processing, and launch operations for the 4-month period of October 1, 2022 through January 31, 2023 with an option for the 2-month period of February 1, 2023 through March 31, 2023.

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):

The services to be procured under this action are the continuation of spacecraft and payload integration and processing; operations and development of associated processes and ground systems to support integration, processing and launch; and servicing and testing of flight hardware. Specific tasks include:

- Assembly, test, checkout, integration operations and post-launch activities for Orion spacecraft and Space Launch Systems (SLS) launch vehicle for Artemis missions -Assembly, test, checkout, and integration operations for pressurized and unpressurized orbital replacement units -Support to utilization payloads and research -Continuation of logistics services, including inventory management, storage, depot-level manufacturing and repair, kitting, staging and issuance, shipping, and transportation -Support to the continued operation and maintenance of KSC launch complex systems.

The current focus of TOSC services is the successful completion of testing, launch and post-launch services for the Artemis I mission, planned for this calendar year. Artemis I will be the first integrated test of NASA�s deep space exploration systems: the Orion spacecraft, SLS rocket and supporting ground systems.

Estimated dollar value for the 6-month Extension of Services available under FAR 52.217-8, Option to Extend Services, is . The initial 4-month period of October 1, 2022 through January 31, 2023 has an estimated value of ; the 2-month option period of February 1, 2023 through March 31, 2023 has an estimated value of .

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, Only one responsible source and no other supplies or services will satisfy agency requirements. Circumstances beyond the control of the contracting office led to there being only one responsible source invoking FAR 52.217-8 (see FAR 37.111). In accordance with FAR 6.302-1(a)(2)(iii), services may be deemed to be available only from the original source 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 the current contractor�s experience in developing exceptional services, expertise gained over 9 years of the contract support and specialized skills to efficiently and successfully complete on-going mission activities as described below.

Jacobs Technology, Inc. has been performing these highly specialized services since TOSC performance began on March 1, 2013. Since that time, the contractor contributed significantly to the development, testing and operations of ground systems, launch control systems, recovery operations and numerous mission essential activities. The major culmination of these actions is the upcoming Artemis I launch. The Exploration Ground Systems (EGS) Program, along with its support contractors, have just completed the Wet Dress Rehearsal, which will provide a clear path for successful launch of the agency�s flagship mission which is currently scheduled in Launch Period 25 (August 23, 2022 � September 6, 2022).

Additionally, the EGS Program, along with its support contractors, are tasked to recover and de-service the Orion spacecraft after a 26-day mission around the moon, transporting and safing the Orion Capsule from San Diego, California back to Kennedy Space Center, Florida.

This extension will allow continuity of support during what would have been a contract transition period and will help secure the availability of critical skills contained in the TOSC workforce, which are paramount for successful completion of these activities.

When considering the critical and specialized nature of the requirements performed across multiple NASA Programs, the incumbent TOSC contractor is the only company able to provide uninterrupted services without substantial duplication of effort or costs that would otherwise be incurred if NASA KSC were to procure new contracts for these services.

Exercising the option to extend services clause on TOSC will allow time for NASA to complete these critical milestones, while reducing the impacts to the current contractor workforce. This option will effectively provide for these services to be transitioned to the COMET contractor, which is expected to be in place by the end of the requested TOSC contract option period.

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:

This option exercise is exempt from the FAR 5.201 synopsis requirements in accordance with FAR 5.202(a)(11), since this option was previously included in the description of the basic contract synopsis in sufficient detail to comply with the requirements of FAR 5.207(c)(6). This synopsis was issued November 15, 2011 referencing the TOSC RFP

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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 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. The proposed cost will be evaluated based on comparison with historical data and the independent government estimate. The Contracting Officer will ensure the contractor proposes in accordance with the existing rates in the contract and adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor, as specified in FAR 52.217-8. In accordance with FAR 15.403-4, the Contracting

Officer will obtain certified cost or pricing data as none of the exceptions in 15.403-1(b) applies.

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:

No formal market research was conducted to support this extension of TOSC. Generally, other known sources are capable of performing the requirements associated with TOSC � this is demonstrated in the proposals received in response to the COMET Request for Proposal.

However, knowledge of the market also indicates that there is no source other than Jacobs Technology, Inc. that is capable of immediately providing the services required by KSC over the short duration needed until the services are transitioned to the follow-on contract.

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

Initial discussion regarding a TOSC follow-on began , with the Requirements Development Team (RDT) authorization in . The RDT was established early enough to allow for adequate planning and conducting a full and open competition. Several factors impacted the timeline developed by RDT. Each of these factors is important to the overall agency approach to procuring human spaceflight hardware and services, as well as, essential to accurately defining COMET scope.

These efforts contributed to the 4 to 5-month delay in the COMET award schedule.

An interim solution would be impractical due to the broad scope of TOSC, importance of the current mission activities, volume of government property to be transferred and necessity of smooth transition of the highly skilled workforce to COMET. An interim solution would create a substantial duplication of effort at the expense of the taxpayer, make it difficult to transition a workforce of over 2,000 employees for such a short duration and create an unnecessary risk to Artemis 1 successful completion.

10. FAR 6.303-2(b)(10) � A listing of the sources, if any, that expressed an interest in writing in the acquisition:

See Section 6 above.

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:

A competition for the follow-on contract, COMET, is currently being conducted. This extension will enable continued performance of the existing contract to cover the timeframe necessary for sufficient proposal evaluation, selection, award and phase-in of COMET.

Accordingly, there are no other actions the Agency needs to take to remove or overcome barriers to competition.