80HQTR22DA003 JOFOC redacted 2.24.22.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

National Aeronautics and Space Administration (NASA) Headquarters (HQ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Aeronautics and Space Programs and Policies Studies (ASPPS)

80HQTR21723769R

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) Headquarters (HQ) Procurement Office, Greenbelt, MD.

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is NASA HQ’s Procurement Office located at NASA’s Goddard Space Flight Center (GSFC), Greenbelt, Maryland.

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 contract with the National Academy of Sciences (NAS), a non-profit corporation. Two (2) divisions within the NAS, the National Research Council, Division on Engineering and Physical Sciences, Aeronautics and Space Engineering Board (ASEB) and the Space Studies Board (SSB), will primarily conduct the work for this requirement. The ASEB and the SSB, along with other NAS boards, committees, and roundtables, shall conduct technical, engineering, and life and physical sciences, and systems engineering studies on questions of national importance relating to aeronautics and space programs and policies.

The anticipated contract represents a follow-on to contract NNH16CE01B with the NAS.

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):

This effort is for studies, research and recommendations to meet national objectives pertaining to aeronautics and space programs and policies. The purpose of this effort is to provide NASA with access to an independent body of the nation’s foremost scientific scholars, researchers, and engineers to study emerging issues of national importance relating to aeronautics and space technology. The studies will result in recommendations by the NAS that will aid in the planning processes of NASA’s aeronautics and space programs and policies.

The resultant contract type will be cost reimbursement, no fee, indefinite delivery, indefinite quantity (IDIQ), with a 5-year period of performance, anticipated to begin August 17, 2021 through August 16, 2026. The total estimated value is a maximum of [text deleted].

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.

Federal Acquisition Regulation (FAR) 6.302-1(a)(2) states, “When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.”

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 described below.

For the past 54 years, NAS has hosted the ASEB, the SSB, and various committees, and roundtables to provide studies, research, and recommendations to NASA on topics relating to aeronautics and space programs and policies.

The SSB was established in 1958 to serve as the focus of the interests and responsibilities in space research for the NAS. The SSB provides an independent, authoritative forum for information and advice on all aspects of space science, applications, and space research. It oversees advisory studies and program assessments, facilitates international research coordination, and promotes communications on space science and science policy between the research community, the federal government, and the public. The SSB also serves as the U.S. National Committee for the International Council for the Science Committee on Space Research (COSPAR).

The SSB provides the Committee on Biological and Physical Sciences in Space (CBPSS).

The committee fulfills an equivalent role to the function of the standing committees established for each of the major science areas within the Science Mission Directorate. The CBPSS provides a regular communications forum for the agency and associated science communities, identifying pending issues of importance to the relevant science program and overseeing advisory studies and workshops. The current focus of the CBPSS is to ensure maximum research productivity from the International Space Station.

The ASEB was established in 1967 to apply the talents and energies of the aerospace engineering community to important national aerospace policy and technical issues and has been an invaluable resource for NASA’s aeronautical studies and resultant reports. The ASEB provides the Aeronautics Research Technology Roundtable (ARTR) to provide an open forum for discussion with industry, academia, and the federal government. The focused topics of the ARTR encourage discussion among the members and attendees, impacting the future direction of aeronautics and aeronautics research both inside and outside the government. The expertise that the ASEB, the ARTR, and various other boards, committees, and roundtables provided by NAS, have been instrumental in successful aeronautics and space program planning. Future contracting with the NAS will allow NASA consistency and continuity of high-level, dependable studies and recommendations. As future missions develop, it is vital for NASA to maintain the best possible understanding of its challenges and the best ways to meet them. NAS provides NASA with a unique resource for meeting the need for expert research and guidance and for responding to inquiries pertaining to aeronautics and space programs and policy. Without the continued services of NAS, NASA would not be able to fulfill its mission at the level required for success.

NASA requires the services of experts to conduct studies on questions of national importance relating to aerospace technology programs, policies, and systems engineering, and to provide both oral and written results, often on very short notice. NAS can meet this requirement by maintaining expertise of the nation’s foremost scientific scholars, researchers, and engineers.

NAS is further distinguished by its extensive network of members and their high level of expertise across many different disciplines. It is from this pool that NAS derives its membership for the panels, committees, boards, and round tables, consistent with its charter, to examine NASA’s issues or challenges relating to aerospace technology programs and systems engineering and to provide recommendations to ensure the viability of these activities. In addition, the NAS uses rigorous and independent review processes that guarantee the quality and integrity of its studies, evaluations, and reports. Any failure of NASA’s aerospace program would have high national visibility and any major failures of the aeronautics and space technology programs and systems would be scrutinized by the President’s Administration, the Congress, and the public. As future missions develop, it is vital for NASA to maintain the best possible understanding of its challenges and the best ways to meet them. NAS provides NASA with a unique resource for meeting the need for expert research and guidance and for responding to inquiries pertaining to aeronautics and space policy and oversight for NASA.

By virtue of the inherent differences between a publicly funded national body of scholars and a private enterprise operated for corporate benefit, the National Academy of Sciences can render independent advice of unique objectivity. The expertise that this institution provides is a valuable national resource that has long been recognized by Congress. On these bases, the National Academy of Sciences is the only source that can provide the required service to

NASA.

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 (beta.sam.gov) was published on April 15, 2021, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to The National Academy of Sciences. The results of this synopsis are summarized in Section 10 below.

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.

The minimum and maximum ordering values for this contract will be determined by NASA, based on the Independent Government Estimate developed. In order to establish fair and reasonable rates/cost, the government intends to negotiate all applicable rates prior to issuing each task order under the contract. This will ensure that a thorough assessment of all costs involved is performed every instance a task proposal is requested from NAS. It will also ensure that all rates are negotiated in accordance with current market conditions and any other relevant factors, including the contractor’s most recent Office of Naval Research (ONR) audited rates in order to guarantee the best value for the government.

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:

A notice to the Government-wide point of entry (https://beta.sam.gov/ website) was published on April 15, 2021 to announce NASA’s intent to award a sole-source contract vehicle to obtain these services. The result of the synopsis is included in paragraph 10 of this document.

The National Academy of Sciences is unparalleled in terms of value to the Federal Government. The past 15 years the NAS’s boards particularly ASEB and SSB, and its study groups have evaluated NASA’s national role in various aspects of aviation and space programs. The NAS’s recommendations have been highly valued and continually implemented. The NAS has the broadest possible spectrum of professionals in its membership and database. That membership is based exclusively on merit; membership cannot be purchased, only earned, on the basis of professional accomplishment. No other organization has this quality and breadth of membership, accomplishment, and orientation exclusively for the good of science and engineering, affordable cost, and outstanding history of service. Reproducing this experience and knowledge base through a for-profit organization is not feasible as it would be both time and cost prohibitive.

Apart from the sole-source notice in beta.sam.gov, additional market research was not conducted for this action.

https://beta.sam.gov/

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

In addition, the NAS is a federally chartered corporation authorized by Title 36 United States Code 253. Chapter 1503–National Academy of Sciences, Section 150303–Services to the United States Government, of the statute states:

On request of the United States Government, the corporation shall investigate, examine, experiment, and report upon any subject of science or art. The corporation may not receive compensation for services to the Government, but the actual expense of the investigation, examination, experimentation, and report shall be paid by the Government from an appropriation for that purpose.

Executive Order (E.O.) 2859, paragraph four, states:

When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirement, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.

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 (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above). Posting date was April 15, 2021, and industry responses were due by April 30, 2021. There was no response from industry to the posting.

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:

The Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.