JA.pdf

JUSTIFICATION AND APPROVAL

Justification for Other Than Full and Open Competition (FAR 6.3)

Technical Assistance and Training Services for SBIR/STTR

I. Identification of the agency and the contracting activity and specific identification of the document as a “Justification for Other Than Full and Open Competition.”

The National Science Foundation (NSF), Division of Acquisition and Cooperative Support (DACS), approves use of a “Justification for Other Than Full and Open Competition” in support of the Division of Industrial Innovation & Partnerships (IIP) request to purchase Technical Assistance and Training Services for SBIR/STTR.

II. Nature and/or description of the action being approved.

The National Science Foundation (NSF) Division of Industrial Innovation & Partnerships (IIP) has a requirement for technical assistance and training in commercialization planning for Small Business (SBIR) and Small Business Technology Transfer (STTR) Phase I grantees who are eligible to submit Phase II proposals where the quality of the commercialization plan is a major factor in the award decision. The period of performance will be 24 months.

III. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

Pursuant to the SBIR/STTR Reauthorization Act of 2011 (Reauthorization Act) and the amended SBIR and STTR Policy Directives, and in order to enhance the competitiveness of Phase I grantee companies who are eligible to submit Phase II proposals, the National Science Foundation (NSF) intends to contract with vendors to provide Phase I grantees with technical assistance in the planning of the commercialization of their product or process (Discretionary Technical Assistance).

The objective of NSF is to provide Technical Assistance to NSF Phase I grantees prior to the submission of their Phase II proposal. Because fewer than 50% of the companies who submit Phase II proposals will receive awards due to budgetary restrictions, it is essential that training in the commercialization planning process be provided in order to increase the probability of success of Phase II proposals and to increase the commercial planning skills that unsuccessful companies can apply to their future endeavors. The total estimated cost of this requirement is estimated to be less than $4,000,000 over 2 years.

IV. An identification of the statutory authority permitting other than full and open competition.

The proposed action may be awarded without full and open competition under 15 U.S.C. 637(m) as implemented in FAR 6.302-5. Sole source awards under the Women Owned Small Business Concern (WOSB) program are authorized by statute.

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

Dawnbreaker, Inc. is a Women-Owned Small Business. Per FAR Part 19.1506, this acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement, and is authorized to issue a sole-source award by statute. The anticipated award price of the contract will not exceed $4 million. The Contracting Officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns based on the market research. Dawnbreaker Inc. has been determined to be a responsible contractor with respect to performance, and the award can be made at a fair and reasonable price.

VI. A description of efforts made to ensure that offers are solicited from as many potential sources as is 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.

Notice will be posted on FBO.gov in accordance with FAR Part 5.2.

VII. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pursuant to the Reauthorization Act and the SBIR and the STTR Policy Directives, the cost of the Technical Assistance provided to each Phase I grantee shall be up to $5,000 per year. The Contracting Officer anticipates fair and reasonable pricing based on comparison to previously paid prices and historical data. The Contracting Officer plans to compare the proposed labor rates against the established GSA labor rates which were previously deemed fair and reasonable in accordance with FAR 8.404(d).

VIII. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted Market research indicates there is no reasonable expectation that offers would be received from two or more WOSB concerns. To conduct market research, the Contract Specialist reviewed FPDS reports from 20 WOSBs under MAS 541810. The contract specialist reviewed over 60 FPDS reports and the market research indicates that none of the 20 companies have past performance or expertise in technical assistance and training in commercialization planning for SBIR and STTR Phase I grantees.

IX. Any other facts supporting the justification.

This requirement is consistent with “Administrative Management and General Management Consulting Services” under NAICS 541611. Dawnbreaker Inc. is a Women Owned Small Business under this NAICS code. According to the Small Business Administration, NAICS code 541611 is eligible for Sole source awards because it is an underrepresented in federal procurement.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies or services made.

Not Applicable.

XI. The ordering activity Contracting Officer’s certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief

I certify that the supporting data presented in this Justification for Other Than Full and Open Competition are accurate and complete to the best of my knowledge and belief.