015_2024_JOFOC Acuity Edge 80MSFC18D0007.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Marshall Space Flight Center (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

Consolidated Agency Technology Transfer Support For 80MSFC18D0007

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 the National Aeronautics and Space Administration (NASA), Marshall Space Flight Center

(MSFC).

The procuring agency is NASA, and the contracting activity is MSFC.

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 increase in the ceiling and extend the period of performance for up to six months for contract 80MSFC18D0007, a noncompetitive indefinite-delivery, indefinite-quantity (IDIQ) HUBZone contract awarded to Acuity Edge, Inc. (Acuity Edge) with a current period of performance of August 8, 2018, through January 11, 2024. This contract action is necessary to prevent a break in services until the competitive follow-on contract for Consolidated Agency Technology Transfer Services (CATTS) is awarded, which is currently projected for April 2024.

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):

Contract 80MSFC18D0007 supports NASA Technology Transfer Offices’1 efforts to market and commercialize NASA’s technologies and software, technology portfolio management, in- reach/out-reach support, technology screenings and commercial technology assessments, intellectual property market strategies development and implementation, and other intellectual property support for transferring NASA technologies to the commercial sector, academia and other government agencies. NASA considers these services to be highly specialized. The estimated value to accomplish this effort is an increase in the ceiling from $10.9M to $13.6M.

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.

3204(a)(1), as implemented by FAR 6.302-1 for acquisition of supplies or services available

1 MSFC’s Technology Transfer Office is supported by contract 80MSFC18C0040.

from only one responsible source and no other supplies or services will satisfy agency requirements.2 The continued provision of these highly specialized services from any other source would result in both substantial duplication of cost to the Government that is not expected to be recovered through competition and 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. 3204(a)(1) is the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency as describe below.

Acuity Edge has been providing highly specialized intellectual property management and technology transfer services (i.e., technology screenings and assessments, and commercialization) for over 20 years. The company was selected for the award of contract 80MSFC18D0007 because of this expertise and demonstrated ability to fully satisfy all requirements specified by NASA when NASA requested capability statements from industry.

As previously noted, the CATTS acquisition, which is projected for award in April 2024, will result in a competitive follow-on contract to contract 80MSFC18D0007 because other firms have emerged in the market to compete with Acuity Edge for business opportunities in this trade space. However, in the case of contract 80MSFC18D0007, transitioning to another source at this time to provide, for a limited, short-term duration of six months, the services that Acuity Edge is currently providing under that contract is not in the Government’s best interest. Contracting with another source to perform the extension effort addressed in this JOFOC would likely result in both substantial duplication of cost to the Government that would not be recovered through competition due to the short period of performance of the extension effort, and unacceptable delays causing a break in services.3

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 (Sam.gov) was synopsized (i.e., published) on September 11, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source modification to Acuity Edge. The results of this synopsis are summarized in Section 10 below.

2The use of 10 U.S.C. 3204(a)(1) authority is required because the modified value of the contract exceeds the $4.5M threshold for a sole-source HUBZone contract. FAR 19.1306.

3 MSFC estimates that conducting a competitive procurement for this extension effort would result in over $1.206M in Government salaries for the source evaluation board alone, based on 2023 GSA salaries for a procurement of a year or less, and take approximately 8 months to complete. Furthermore, as indicated by the synopsis posting, there is not sufficient interest within industry for a contract of such a short duration. Accordingly, extension of contract 80MSFC18D0007 is the only viable option during the pendency of the CATTS acquisition.

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 (with certified cost or pricing data) that will 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. In addition, data compiled from Acuity Edge historical data will be used for comparison. Attachment J-3 Schedule of Task Order Rates in contract 80MSFC18D0007 will be used to verify rates appropriately.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted:

Market research was not conducted for this proposed contract action because the Government is aware of other sources in the market that may be able to compete with Acuity Edge for business opportunities in this trade space. Specifically, the Government learned of industry’s interest in providing these services to NASA in connection with the solicitation activities, to include an industry day event with interested offerors, for the follow-on contract, CATTS, which is being competed as a HUBZone set-aside through a Source Evaluation Board (SEB) process.

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

None.

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 NASA’s intent to award this sole-source action was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above) on September 11, 2023 and closed on September 22, 2023. There were no responses to the synopsis posted.

11. FAR 6.303-2(b)(11) – A statement of actions, if any, the agency may take to removeor overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Agency is currently conducting a competitive source selection for these services through the follow-on CATTS acquisition.

Technology Transfer

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Virginia B. Garrison

ST22

Technical Representative

I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Jennifer McCaghren Contracting Officer

CONCURRENCE:

John E. Cannaday, III Director, Office of Procurement Head of Contracting Activity, MSFC

APPROVED:

Joe L. Leopard Associate Director, Technical MSFC Competition Advocate

VIRGINIA

GARRISON

Digitally signed by

VIRGINIA GARRISON

Date: 2023.09.29 10:47:22 -05'00'

Jennifer Mccaghren

Digitally signed by Jennifer Mccaghren Date: 2023.10.31 14:52:29 -05'00' for