22C0028 JA.pdf

Justification for Other Than Full and Open Competition

New York University

Democratization of Data Analysis

(1) Identification of Agency and Contracting Activity: This “Justification for other than full and open competition” is written by the National Science Foundation’s (NSF) Division of Acquisition and

Cooperative Support (DACS). The division requesting the justification is the National Center for Science and Engineering Statistics (NCSES).

(2) Nature and/or description of the action being approved: This sole source action is to issue a contract to

New York University for the unsolicited proposal titled, “Democratization of Data Analysis.” The overall objective of this project is to help NSF gather metrics and criteria to support evaluation and stakeholder engagement efforts.

(3) Description of the services required: NSF received this proposal on an unsolicited basis. The contractor will customize newly developed Artificial Intelligence tools to the NCSES context to optimize the discovery of how NCSES data are used in scientific publications. The resulting set of dataset-publication links will be deployed both to show the users and uses of NCSES data and to uncover the use in a newly developed corpus of public documents.

(4) Identification of statutory authority permitting other than full and open competition: The statutory authority for this non-competitive action is derived from 41 U.S.C. § 3304(b)(1), as implemented by

Federal Acquisition Regulation (FAR) 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements.”

(5) Proposed contractor’s unique qualification and nature of the action requires use of authority cited:

New York University submitted an unsolicited proposal that received a favorable comprehensive evaluation in accordance with FAR 15.606-2. The unsolicited proposal was also reviewed in accordance with NSF’s Acquisition Manual Subpart 2515.6. A representative from NCSES reviewed the unsolicited proposal and determined that the contractor was uniquely qualified to perform this work. The key personnel involved in these efforts include the former Chief Statistician of the United States as well as others who have extensive experience in working with the federal and researcher community. These personnel have previously worked with multiple other federal agencies. This past work acts as a proof of concept for the work proposed for this requirement. The work included in the unsolicited proposal is original and does not resemble work previously performed for NSF by other contractors or grant recipients. NSF has not received any proposals or communications from other contractors offering to or indicating that they could perform similar work. Further, NSF does not have the capacity to, in whole or in part, perform the work outlined in the proposal. A review of recent and pending solicitations was performed following the receipt of this unsolicited proposal. This review revealed that NSF has not previously solicited for similar requirements. NSF does not intend to fund work related or similar to the efforts included in the unsolicited proposal. Therefore, this research project may be considered available from only one source in accordance with 6.302(a)(2)(i).

(6) Descriptions of efforts made to solicit sources from as many offerors as practicable: NSF did not post a solicitation in accordance with FAR 5.2 because New York University’s proposal was received on an unsolicited basis and received a favorable comprehensive review in accordance with the unsolicited proposal procedures in FAR 15.6. That said, a synopsis of the proposed action was synopsized in accordance with FAR 5.2 on the System for Award Management for 15 days, as required. Following the synopsis of the proposed contract action, no entities contacted NSF to indicate their interest or capability to perform this or similar work. After confirming that no other entities had indicated their interest in this requirement, NSF considered commencement of negotiations with the contractor.

(7) Determination of fair and reasonable cost: The contracting officer has reviewed the proposed costs.

Following this review, they determined that the cost proposed to the NSF by NYU is fair and reasonable.

The estimated cost of this effort is $1,130,652.

(8) Description of market research conducted: Market research was not conducted because this research project was received and processed under the unsolicited proposal procedures in FAR 15.6. The proposed contract action was synopsized, but no companies inquired about the requirement or indicated their interest or capability of performing comparable work to date.

(9) Other facts: None.

(10) Sources expressing interest in writing. None.

(11) Actions to remove barriers to competition. This contract is being issued on a sole source basis as a result to the receipt of an unsolicited proposal. NSF had no prior plans to issue a solicitation to support work in this area. That said, if the work under this award results in newly identified potential requirements that support NSF’s mission, a solicitation will be issued on a competitive basis.

(12) Certifications/Coordination/Approval:

REQUESTING OFFICE CERTIFICATION

I hereby certify that the facts presented in this Justification are current, complete, and accurate. This action falls within the statutory mission of NCSES.

Vipin Arora Date

PROCURING OFFICER CERTIFICATION

I certify that this Justification is current, complete, and accurate to the best of my knowledge and belief. I assure that a detailed analysis will be performed on all proposed prices to assure that they are fair and reasonable

Ben Patterson Date

Contracting Officer bpatters Typewritten Text 09/21/2022

PROCURING OFFICE APPROVAL

I hereby approve this Justification

Patrick Breen Date

Head of Contracting Activity

9/21/2002