Fair Opportunity Exception - Pad B Battery - Concrete Spalling

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center
Justification for an Exception to Fair Opportunity
1. Nature and/or description of the action being approved (FAR 16.507-6(d)(2)(ii)): This justification documents the basis for issuing an order to Advon Construction under the Multiple Award Construction Contract II (MACC II) IDIQ using an exception to the Fair Opportunity process to procure Pad B Repair Spalling Project. 2. Description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 16.507-6(d)(2)(iii)):
This action is a firm-fixed price effort for concrete spalling repair work at Space Launch Complex (LC) LC-39B. To ensure proper access to complete the work, approximately 20 high pressure gas (HPG) battery vessels will have to be removed. After the concrete spalling repair work is completed, the HPG battery vessels will have to be reinstalled. Associated testing, commissioning, and documentation are also required. These batteries provide extra gas storage capacity at LC39B, supporting NASA’s Space Launch System (SLS) and NASA’s mission. The total estimated price of the proposed order is $2.5M. The estimated period of performance is 6 months after receipt of order (ARO). 3. Identification of Exception to Fair Opportunity (FAR 16.507-6(d)(2)(iv)): ☒ FAR 16.507-6(b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.
☐ FAR 16.507-6(b)(2): Only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.
☐ FAR 16.507-6(b)(3): 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 16.507-6(b)(4): It is necessary to place an order to satisfy a minimum guarantee. ☐ FAR 16.507-6(b)(5): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. ☐ FAR 16.507-6(b)(6): The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.103 (10 U.S.C. 3406(c)(5)). Note: The public interest Rev.: 6/2026

exception must not be used unless Congress is notified in accordance with 10 U.S.C.