IRTF - JOFOC Final_redactedF.pdf

Rev.:1/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Headquarters (HQ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

for Management and Operations of NASA's Infrared Telescope Facility (IRTF)

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) Planetary Science Division and Goddard Space Flight Center (GSFC) Office of Procurement for Headquarters.

The procuring agency is NASA, and the contracting activity is the Office of Procurement for Headquarters, Code 173, located at GSFC, Greenbelt, Maryland.

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

NASA Headquarters proposes to enter into a contract with the University of Hawaii Institute for Astronomy for the management and operations of its Infrared Telescope Facility (IRTF). The IRTF is a complete astronomical facility housing a 3.0-meter telescope, located at 13,675 feet in altitude near the summit of Maunakea on the Big Island of Hawaii, on land subleased from the University of Hawaii. The IRTF is operated by NASA’s Science Mission Directorate, Planetary Science Division, to provide timely observations of Solar System objects and planetary research data in support of spacecraft missions.

This justification provides the rationale for using other than full and open competition to award a sole-source contract to the University of Hawaii Institute for Astronomy. The proposed effort represents a continuation of services currently covered by contract 80HQTR19D0030, which expires on June 30, 2024. The resulting contract shall be for a period of up to nine and one half years (1-year base period, eight (8) 1-year option period(s), and one 6-month option period). It is anticipated that the follow-on to the current contract will be awarded by June 1, 2024, and a contract effective date of July 1, 2024.

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):

The objective of this effort is to maintain and operate the Infrared Telescope Facility and to develop and implement an operations strategy such that IRTF will be utilized by the science community through peer-reviewed competition to support NASA’s science, mission, and planetary defense goals. Under the proposed contract, the University of Hawaii Institute for Astronomy would be responsible for providing the IRTF management, strategic planning, personnel, equipment, material, external facilities, and services. It is anticipated that the follow-on to the current contract will be awarded by June 1, 2024, and a contract effective date of July 1, 2024. The total estimated value of this hybrid contract is which includes, (Core) and $10,000,000 (IDIQ maximum).

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.

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 only one responsible source and no other supplies or services will satisfy agency requirements as described below.

The State of Hawaii has set aside much of the summit area as a Science Reserve and leased it to the University of Hawaii, from which NASA subleases (since 1974) the IRTF site. NASA’s sublease with the University of Hawaii requires that the Sublessee (NASA) shall use the premises exclusively for infrared astronomical observatory facilities to be constructed and managed by and at the expense of Sublessee with the assistance of the University of Hawaii through a contractual arrangement.

The IRTF is a one-of-a-kind astronomical facility and the University of Hawaii’s involvement from the facility’s construction in 1979 to the present operations makes them uniquely qualified to continue managing and operating the facility. The University of Hawaii Institute for Astronomy has developed instrumentation customized to the optical properties and observing conditions of the IRTF to meet NASA’s scientific, mission, and planetary defense objectives.

They have pioneered and maintained flexible scheduling and remote observing capabilities that are specific to the IRTF instrument complement and telescope control system, and they are routinely cited for their operating efficiency (e.g., semi-annual IRTF users group reports).

The IRTF is one of NASA’s key assets for near-Earth object characterization in support of its planetary defense strategy and Congressional tasking, and the University of Hawaii has the expertise for the visible to mid-infrared studies and the extremely fast tracking operations unique to IRTF (up to 40 arcseconds per second tracking rate) that are required for physically characterizing closely-approaching asteroids.

The University of Hawaii has over four decades of experience operating the IRTF and managing the science and instrument development strategy in support of NASA’s science, mission, and planetary defense objectives. The University of Hawaii owns the required instrumentation that is required to continue the facility operations, science planning, and instrument development that is critical for supporting NASA’s objectives and Science Mission Directorate mission encounters (e.g., Juno operations at Jupiter, the Double Asteroid Redirection Test impact of asteroid Dimorphos, Lucy tour of the Jupiter Trojan asteroids). A finding by an Independent Review team commissioned by HQ found that IRTF is professionally managed, providing “unique astronomical capabilities at a fraction of the cost of other facilities. Its staff is diverse, specialized and highly trained.”

The University of Hawaii developed the instrumentation currently in operation at the IRTF through grants from the National Science Foundation and from NASA, therefore the University of Hawaii owns the instrumentation. Only it can continue to provide these instruments which were developed to meet NASA’s infrared science, mission, and planetary defense needs and are customized to IRTF’s focal plane and field-of-view.

A new contract with the University of Hawaii Institute for Astronomy will leverage their unique experience managing the IRTF to ensure that this NASA facility continues to operate in compliance with all environmental and cultural laws, rules, and regulations. All institutions and individuals working at and with facilities on Maunakea are required to abide by all laws, rules, and regulations laid down by the State of Hawaii to preserve and protect the delicate environment of the mountain and the cultural significance to native Hawaiians.

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 8/09/2023 in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to the University of Hawaii Institute for Astronomy. 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 and in the best interest of the government.

The University of Hawaii Institute for Astronomy shall be required to submit a detailed cost proposal which will be analyzed by both the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) to determine the reasonableness of the proposed direct labor rates, direct labor hours, skill mix, other direct costs, indirect costs, fee(s), and technical quality.

The CO’s cost analysis shall include the use of historical actual cost under both the current contract (80HQTR19D0030) and predecessor contract (NNH14CK55B), and contract data from other contracts for similar services, to formulate a negotiation position. The CO will obtain a technical evaluation and use the information above to negotiate and establish a fair and reasonable price.

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:

The IRTF is a unique NASA astronomical facility situated at a remote, high-altitude location with unique management and operating requirements and cultural sensitivities. Since 1974 NASA has been involved with UH on Maunakea at IRTF. In this time NASA has created a comprehensive knowledge of companies and entities with capabilities that could fully respond to the requirements for this acquisition. Organizations besides the University of Hawaii that manage observatories on Maunakea were investigated by NASA’s Planetary Defense Coordination Office. A survey of potential astronomical organizations was conducted through the use of the organizational websites and professional technical knowledge of the handful of capable organizations. Research included their organizational scope and United States affiliation. One organization was found to be targeted only to a specific facility, others were not U.S. organizations. No organization has a suite of infrared instruments that could replace the University of Hawaii-owned instruments at IRTF. In NASA’s considered technical judgment, there are no other entities that possess the necessary expertise, independence, experience, and instrumentations to perform the effort successfully and seamlessly.

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)(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:

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 notified all interested sources that this requirement will be issued on a sole-source basis and provided them an opportunity to submit their interest and capabilities to the Contracting Officer within 22 days of the synopsis publication.

No responses were received upon the expiration of the synopsis on August 30, 2023.

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 IRTF is a unique NASA astronomical facility situated at a remote, high-altitude location with management and operating requirements that must consider both NASA’s science, mission, and planetary defense needs as well as the conditions and resources on Maunakea, including environmental preservation and cultural affairs. Because of the incredibly unique situation, and the terms of the sublease, there are no actions that NASA can take to overcome barriers to competition. 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 requirement.

Management and Operations of NASA's Infrared Telescope Facility

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Kelly Fast Technical Representative NASA Goddard Space Flight Center

I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Jason Lou Contracting Officer NASA Goddard Space Flight Center

CONCURRENCE:

Mary V. Stevens Procurement Officer

Raymond J. Rubilotta Competition Advocate

APPROVAL:

Mary V. Stevens Head of Contracting Activity NASA Goddard Space Flight Center/Headquarters