1a.__JOFOC_-_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION OVER $100,000

1. This document is a justification for other than full and open competition prepared by the NASA, John F. Kennedy Space Center.

2. The nature and/or description of the action being approved:

The Engineering and Technology Directorate (NE) at Kennedy Space Center, FL requires a sole source acquisition for OS/COMET new software licenses and maintenance from Peraton, Inc. The software licenses and maintenance are required to provide continued support for the Spaceport Command and Control System (SCCS).

This requirement has been procured in the past as a sole source requirement from the software manufacturer, Peraton, Inc. (formerly Harris IT Services Corporation), as they are the sole distributor. This current action is for new licenses for the Launch Control System (LCS) Development Set 2 (LD2).

3. Description of the supplies or services required (including the estimated value):

The OS/COMET software is used in the development, testing and production of next generation launch support and ground systems. OS/COMET is required to provide the core command and telemetry processing capabilities and new licenses and maintenance are required to expand the capabilities of the SCCS. The estimated value is

4. Statutory authority permitting other than full and open competition:

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization). In addition, in accordance with FAR 13.5, this acquisition will be conducted utilizing simplified acquisition procedures as it is below the $7 million threshold. This requirement meets the definition of a commercial item in accordance with FAR 2.101.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The requested license and maintenance are specifically designated to be compliant with the existing licensed software products, operating systems, and hardware platforms, and cannot be substituted with another manufacturer’s product. No other product is compatible with NASA’s current architecture. Purchasing a maintenance renewal is significantly less costly than replacing the OS/COMET software that has been integrated into and is currently being used in the SCCS. The purchase of new software would require the re-development of software efforts, including research, development, integration, and verification and validation tasks performed over multiple years. Changing the underlying vendor software for such a vital piece of the system at this stage in the process would not be possible. Therefore, continued software maintenance from Peraton is necessary.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable:

Market research was conducted to identify potential sources that could meet the requirements for this effort. However, as discussed in Item 8, Peraton, Inc. is the sole distributor of the requested licenses and maintenance. No other contractor has the capability to meet the requirements without substantial duplications of costs to the Government.

In accordance with FAR 5.203, KSC will post a synopsis of the proposed contract action through the Government Wide Point of Entry on the Federal Business Opportunities web portal. Any information received in response to the synopsis will be evaluated to determine whether additional sources could meet the requirements of this effort within the required schedule and without substantial duplication of costs to the Government.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

It is anticipated that the Contracting Officer will find the final agreed-to price fair and reasonable based upon comparison to historical prices paid pursuant to FAR 15.404-1(b)(2)(ii).

8. Description of the market survey conducted and the results, or a statement of the reasons a market survey was not conducted:

Market research was performed on a recent procurement for this effort in accordance with FAR Part 10. The Office of Procurement attempted to obtain competition through NASA SEWP, and also through numerous Governmentwide Acquisition Contracts (GWACs) such as GSA Schedule 70, DoD Enterprise Software Initiative and other GWACs on Acquisition .gov. The results revealed that this acquisition cannot be procured through these methods. Additionally, Peraton provided the attached manufacturer letter stating that they are the sole distributor of the requested maintenance renewals and that no other contractor or contractor vehicle exists as an alternate method for procurement.

9. Other facts supporting the use of other than full and open competition, such as:

Peraton, Inc. is uniquely qualified to provide these services to the Government because the requirement is for maintenance of existing proprietary OS/COMET software, and they are the sole distributor of the requested maintenance renewal. No other contractor or contract vehicle exists as an alternate method for procurement as substantiated by the manufacturer’s attached letter.

10. A listing of sources, if any, that expressed in writing an interest in the acquisition:

No sources have expressed an interest in this acquisition.

11. A statement of the 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:

Market research will continue to be conducted to determine if any other vendors have the capability to meet NASA KSC’s future requirements.

Based upon the above, I hereby determine that the circumstances of the contract action deem only one source reasonably available for this acquisition.

Justification for Other than Full and Open Competition for OS/COMET new licenses and maintenance for Launch Control System (LCS) Development Set 2 (LD2).

Technical Officer: I certify that the supporting data presented in this justification are accurate and complete.

___________________________________ 02/26/2018 Guy Bedette (Date) Technical Representative

Contracting Officer: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Christopher A. Zuber (Date) Contracting Officer

03/08/2018