CWDP_OMS_-_Justification_and_Approval_REDACTED.pdf

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General Services Administration Federal Systems Integration and Management Center

JUSTIFICATION AND APPROVAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION 47QFCA19R0028

INTERAGENCY AGREEMENT NUMBER

The General Services Administration (GSA) makes this Justification and Approval (J&A) for Other Than Full and Open Competition contract pursuant to Federal Acquisition Regulation (FAR) 6.302.

1. Identification of Agency and Contracting Activity:

Agency:

General Services Administration (GSA) Federal Systems Integration and Management Center (FEDSIM) Acting in support of: United States Air Force, Air Force Materiel Command, Air Force Life Cycle Management Center (USAF/AFMC/AFLCMC) Contracting Activity:

GSA FEDSIM Contracting Office (QF0B) 1800 F Street, NW Washington, D.C. 20405

2. Nature and/or Description of Action Being Approved:

This is a justification to award a Small Business Innovation Research (SBIR) Phase III contract to Orbital Micro Systems Inc. (OMS).

OMS was awarded SBIR Phase I contract # FA9453-19-P-0562 on 7 January 2019 resulting from SBIR Special Topic Number AF182-001, “Commercial Solutions for Weather Forecasting”.

The proposed SBIR Phase III contract will be a Firm Fixed Price (FFP) contract with a one year base period of performance with no option periods. The total estimated contract value is .

3. A Description of Supplies/Services Required to Meet Agency’s Need:

The Department of Defense (DOD) relies on data and weather forecasting tools from military, U.S. civil government, and international partner satellite sensors for the USAF

. These resources, along with other ground and air-based hardware and software technologies, provide critical weather information and forecasts for military operations. In January 2019, the USAF awarded several Small Business Innovation and Research (SBIR) Phase I

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4. An Identification of the Statutory Authority Permitting Other Than Full and Open Competition:

The authority under which this J&A is made is pursuant to FAR 6.302.

1. FAR subsection 6.302-5, Authorized or Required by Statute.

The project is a SBIR Phase III award that is derived from, extends, or completes efforts made under prior SBIR funding agreements and is authorized under 10 U.S.C. 2304(b)(2) or 41 U.S.C. 3303(b).

In accordance with the SBA SBIR Policy Directive dated February 24, 2014, the competition for SBIR Phase I and Phase II awards satisfies any competition requirement of the Armed Services Procurement Act, the Federal Property and Administrative Services Act, and the Competition in Contracting Act.

Furthermore, 15 U.S.C. 638(r)(4) states:

“To the greatest extent practicable, Federal agencies and Federal prime contractors shall issue Phase III awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology.”

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The nature of the acquisition requires the use of the authority cited. The SBIR Program is structured in three phases:

PHASE I: The objective of Phase I is to establish the technical merit, feasibility, and commercial potential of the proposed Research/Research and Development (R/R&D) efforts and to determine the quality of performance of the small business awardee organization prior to providing further Federal support in Phase II.

PHASE II: The objective of Phase II is to continue the R/R&D efforts initiated in Phase I.

Funding is based on the results achieved in Phase I and the scientific and technical merit and commercial potential of the project proposed in Phase II. Only Phase I awardees are eligible for a Phase II award.

PHASE III: The objective of Phase III, where appropriate, is for the SBIR awardee to pursue commercialization objectives resulting from the Phase I/II R/R&D activities. The SBIR program does not fund Phase III. For some federal agencies, Phase III may involve follow-on non-SBIR funded R&D or production contracts for products, processes, or services intended for use by the U.S. Government. The Phase III work derives from, extends, or completes efforts performed under Phase I and/or Phase II, therefore the use of the authority cited is required.

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable:

No other efforts were made to solicit other potential sources. Further, in accordance

FEDSIM is a Client Support Center housed within GSA, FAS, AAS Page 4 with FAR 5.202(a)(7), proposed contract actions resulting from the acceptance of a proposal under the Small Business Innovation Development Act of 1982 are exempt from being publicized.

7. A Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer will conduct proposal analysis in accordance with FAR Subparts15.404-1 (Proposal Analysis Techniques) and 15.405 (Price Negotiation) to ensure that the final price is fair and reasonable.

This determination will be documented in the Award Determination Document which will be included in the contract file.

8. A Description of the Market Research Conducted and the Results or a Statement of the Reason Market Research was not Conducted:

FAR 10.001(a)(2) indicates that market research appropriate to the circumstances must be conducted. SBIR Phase III procurements are such that traditional market research to identify alternative sources is generally unnecessary. FEDSIM concentrated research efforts on verifying that the work being requested in this SBIR Phase III, does in fact derive from the SBIR Phase I awarded to OMS. FEDSIM reviewed the SBIR Phase I contract # FA9453-19-P-0562 and final report and determined that the work requested by AFLCMC derives directly from the work performed in SBIR Phase I. The Government verified on 8 May 2019 that the Contracting Officer signed the SBIR Phase I contract on 7 January 2019.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition:

All other supporting factors have been described above.

10. A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the Acquisition:

To date, the Contracting Officer has not received any statements of interest regarding the proposed sole source effort, with the exception of the proposed awardee.

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:

The Government is not taking any additional action at this time. Any subsequent acquisitions for similar requirement will be required to follow the guidelines outlined in the SBIR Program Directive as it relates to procuring items for commercialization of technologies and capabilities that are derived from, extend, or logically conclude efforts from prior SBIR awards.

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12. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

Final Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.