JOFOC 80MSFC18D0007 JC.pdf

Rev.:5/2024

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Marshall Space Flight Center (MSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

Consolidated Agency Technology Transfer Support For 80MSFC18D0007

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 the National Aeronautics and Space Administration (NASA), Marshall Space Flight Center

(MSFC).

The procuring agency is NASA, and the contracting activity is MSFC.

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

This justification provides the rationale for contracting by other than full and open competition to award an increase in the ceiling and extend the period of performance for up to one and one-half (1.5)-months (one (1) month extension with one two (2) week option), for contract 80MSFC18D0007, a non-competitive indefinite-delivery, indefinite-quantity (IDIQ) HUBZone contract awarded to Acuity Edge, Inc. (Acuity Edge) with a current period of performance expiring October 11, 2024.

Pursuant to the NASA FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) clause, the 6-month extension was exercised July 10, 2023 extending the period of performance from July 12, 2018 through July 11, 2023 to July 12, 2018 through January 11, 2024. Following the 6-month extension, a deviation approving an additional 9-months period of performance, pursuant to the authority of NASA FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) was approved to allow sufficient time for the Source Evaluation Board (SEB) to complete its efforts to evaluate proposals and proceed with contract award and continuity of services, which extended the contract to October 11, 2024.

This new JOFOC will allow a period of performance potential end date of November 25, 2024 (October 12, 2024 through November 11, 2024 for thirty (30) day phase-in and one two-week option period, November 12, 2024 through November 25, 2024, for any unforeseen delays and sufficient contract transition).

The competitive follow-on contract for Consolidated Agency Technology Transfer Services (CATTS) was awarded on May 28, 2024, however it was protested on June 13, 2024, at the Court of Federal Claims, and NASA was required to stay performance of the awarded CATTS contract pending resolution of the Protest. On September 30, 2024, the Court issued an Opinion and Order entering Judgement for NASA.

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):

Contract 80MSFC18D0007 supports NASA Technology Transfer Offices’ efforts to market and commercialize NASA’s technologies and software, technology portfolio management, in- reach/out-reach support, technology screenings and commercial technology assessments, intellectual property market strategies development and implementation, and other intellectual property support for transferring NASA technologies to the commercial sector, academia and other government agencies. NASA considers these services to be highly specialized. The estimated value to accomplish this effort is an increase in the ceiling by $613,198 from $14,445,000 to $15,058,198.

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.

3204(a)(1), as implemented by FAR 6.302-1 for acquisition of supplies or services available from only one responsible source and no other supplies or services will satisfy agency requirements.1 The continued provision of these highly specialized services from any other source would result in both substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s 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. 3204(a)(1) is the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency as describe below.

Acuity Edge has been providing highly specialized intellectual property management and technology transfer services (i.e., technology screenings and assessments, and commercialization) for over 20 years. The company was awarded the sole source contract 80MSFC18D0007 because of this expertise and demonstrated ability to fully satisfy all requirements specified by NASA when NASA requested capability statements from industry.

Due to the limited short-term duration of one and one-half months, and the Government’s need of these services, the Government must maintain the services that Acuity Edge is currently providing under contract 80MSFC18D0004, until the phase-in transition period is complete. Contracting with another source to perform the extension effort addressed in this JOFOC would likely result in both substantial duplication of cost to the Government that would not be recovered due to the short period of performance of the extension effort, and unacceptable delays causing a break in services. An extension of contract 80MSFC18D0007 is the only viable option during the transition of the CATTS acquisition.

1The use of 10 U.S.C. 3204(a)(1) authority is required because the modified value of the contract exceeds the $4.5M threshold for a sole-source HUBZone contract. FAR 19.1306.

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 synopsized (i.e., published) on September 10, 2024, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source modification to Acuity Edge. 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 (with certified cost or pricing data) that will 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. In addition, data compiled from Acuity Edge historical data will be used for comparison. Attachment J-3 Schedule of Task Order Rates in contract 80MSFC18D0007 will be used to verify rates appropriately.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted (e.g., urgent, and compelling requirement):

Market research was not conducted for this proposed contract action because the Government is aware of other sources in the market that are able to compete with Acuity Edge for business opportunities in this trade space. Specifically, the Government learned of industry’s interest in providing these services to NASA in connection with the solicitation activities for the follow-on contract. The CATTS contract was awarded on May 28, 2024 as a HUBZone set-aside through a Source Evaluation Board (SEB) process, however it was protested on June 13, 2024. On September 30, 2024, the Court issued an Opinion and Order entering Judgement for NASA. Contract 80MSFC18D0007 will be extended for one and one-half month to allow for contract transition.

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

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) on September 10, 2024 and closed on September 23, 2024. There was one response to the synopsis posted from

FedTech. However, it is impractical to consider a new contract for a period of performance of less than one and one-half (1.5)-months. This acquisition is for a HUBZone set aside and the respondent company is not HUBZone certified.

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:

None.

Consolidated Agency Technology Transfer Support For 80MSFC18D0007

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Allison Chambers ST22 Technical Representative

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

Belinda F. Triplett Contracting Officer

CONCURRENCES:

Kristina L. Parmenter Deputy Procurement Officer MSFC Competition Advocate

APPROVAL:

John E. Cannaday, III Director, Office of Procurement Head of Contracting Activity, MSFC