JOFOC_OS_Comet_Renewal.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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 at Kennedy Space Center, FL requires the renewal of OS/COMET software licenses and maintenance. The software licenses and maintenance are required to provide continued support for the Spaceport Command and

Control System (SCCS).

This procurement action is for renewal of the existing OS/COMET software licenses and maintenance agreement. This requirement has been procured in the past as a sole source requirement from the software manufacturer, Peraton Inc, as they are the sole distributor.

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

The OS/COMET annual licenses and software maintenance renewals require Peraton to provide the Government with receiving patch version, minor point release versions, and email and telephone technical support. This software is used in the development, testing and production of next generation launch support and ground systems. Continued maintenance 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 Period of

Performance is one year and the estimated value is $637,000.

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 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 since the items being procured are offered commercially with minor mods made to meet Agency requirements.

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

The requested licenses and maintenance agreement 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 the 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 add significant costs, require additional time, invalidate hundreds of system requirements that have been verified and validated, and greatly increase the risks for compatibility, functionality, schedule and performance. 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. Peraton is the sole distributor of the requested maintenance renewals. No other contractor has the capability to meet the requirements without substantial duplications of costs as well as, greatly increase the risk that a new product would not meet the requirements for compatibility, functionality, schedule, and performance.

In accordance with FAR 5.203, NASA KSC posted a Presolicitation notice on the Government

Wide Point of Entry (GPE) on the Federal Business Opportunities web portal on Jun 4, 2018.

Any information received in response to the synopsis will be evaluated to determine whether additional sources could meet the requirements for 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:

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. Prior to execution of the contractual instrument, a proposal analysis will be performed in accordance with FAR 15.404(b). The proposal analysis will be used to verify the total proposed price is fair and reasonable.

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 Governmentwide Acquisition Contracts (GWACs) such as GSA

Schedule 70, DoD Enterprise Software Initiative and other GWACs on Acquisition.gov. The results revealed this acquisition cannot be procured through these methods (As previously discussed Peraton is the sole distributor). Moreover, Peraton provided a letter stating they are the sole distributor of the requested maintenance renewals and no other contractor or contracting vehicle exists as an alternate method for procurement.

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

Peraton 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:

At this time the Agency does not anticipate any actions can be taken to remove or overcome barriers to competition before any subsequent acquisition for the subject software. NASA KSC will assess the situation prior to any future acquisitions, and take appropriate actions if competition becomes feasible.

Justification for Other than Full and Open Competition for: OS/COMET Software License

Renewal and Maintenance

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

Nancy S. Cuty Date:

Contracting Officer

06/25/2018