80JSC024DA014 - JOFOC - Orthostatic Intolerance Garments.pdf

(1), as implemented by FAR 6.302- 1. Only one responsible source and no other supplies or services will satisfy agency 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 appropriate only when “the property or services needed by the agency are available from only one responsible source…and no other type of property or services will satisfy the needs of the agency” as described below.

The vendor is one of the leading developers of compression garments in their fields, providing medical support for various physiological issues including orthostatic intolerance. They have the personnel and experience to build garments of high quality and ability to verify the garments meet NASA requirements. In addition, the vendor has spent multiple years developing similar products for the space community. The garment being purchased has already undergone qualification testing and approval by the relevant NASA spaceflight programs for use on their spacecraft. Another company with similar capabilities and/or experience has not been found. Two other vendors were contacted and assessed during the initial garment development and testing phase as potential vendors, from 2016 through 2019, and were not able to fully meet the NASA requirements as needed. If another vendor were to be given this work at this time, there would be direct impacts to the launch schedule, as it took approximately 6 years to develop this garment with BSN Medical Inc. and complete NASA qualification testing.

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 published on 07/20/2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to BSN Medical Inc. 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. 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 contractor’s proposed cost to any subsequent task orders will be evaluated in accordance with FAR 15.404-2. The Contracting Officer will work closely with the Contracting Officer’s

Representative (COR) to determine if the contractor’s proposed costs are fair and reasonable.

This includes development of an Independent Government Estimate prior to receipt of the proposal and performance of a cost analysis as part of the proposal evaluation. Proposed estimated costs will be analyzed using historical costs, internal governmental data, and data requested from the contractor. A technical evaluation will also be performed to analyze the basis of estimate and assess if the contractor’s proposal is adequate to meet the requirements of the Statement of Work. The Contracting Officer will review the results of the technical evaluation and cost analysis to identify any major issues or concerns. Any proposal issues or concerns will be addressed during fact-finding and resolved as necessary through negotiations.

The final cost to the Government will be determined by the negotiated task orders under the contract.

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:

This acquisition is a follow-on to a previously awarded Research and Development contract.

An internet web search was performed to identity vendors or companies that can fabricate orthostatic intolerance garments to protect astronauts during the Earth re-entry phase of the Artemis and Starliner missions with respect to the quantity, quality, and design. No companies were identified that fit the government’s requirements. BSN Medical Inc. was the only company found that could fulfill all of Government’s requirements.

A review of the previously collected market research was conducted to evaluate the availability of orthostatic intolerance garments; however, none could be identified. Market research was performed by accessing the Small Business Administration (SBA) Dynamic Search and SAM.gov. The SBA search identified eleven vendors, by using the North American Industry Classification (NAICs) code for this product and Statement of Work (SOW) keywords as search parameters. The companies found by the search do not provide a product or system that meet the Government’s specifications. In SAM.gov, the results were narrowed by searching with the NAICs code and key words from the SOW. With those search parameters, no companies were found.

During the previously awarded contract two other vendors were engaged in the design and development phase of this garment from 2016 through 2019. NASA explored the capabilities of the other two vendors, Medi and Marena, and determined from garments supplies that they were incapable of meeting all the applicable NASA requirements. Based on that initial effort, only the garments for BSN Medical Inc. underwent NASA qualification testing.

A full and open competition is not anticipated to result in any new and superior proposals because BSN Medical Inc. possesses unique and inherent knowledge and experience gained because of their development of the design, which a different contractor cannot provide. The orthostatic intolerance garments are mission critical and the continued support by BSN Medical Inc. is essential to prevent a lapse in the launch schedule of the Starliner and Artemis missions.

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).

The synopsis was posted to sam.gov on July 20,2023 and concluded on August 03, 2023. No other sources expressed an interest, and no responses were received.

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.