JOFOC - ATMS Increase Study Task Pool 3 (Redacted).pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

GODDARD SPACE FLIGHT CENTER

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

FOR NEW WORK MODIFICATION TO CONTRACT NNG11XA04C:

ADD 7,625 HOURS TO THE TASK ORDER POOL WITHIN CONTRACT

CLAUSE H.13 SPECIAL ENGINEERING SUPPORT REQUIREMENTS

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) Goddard Space Flight Center

(GSFC).

The procuring agency is the NASA and the contracting activity is GSFC.

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 a new work modification to contract number NNG11XA04C with Northrop Grumman (NG) which will increase the task order pool within clause H.13 SPECIAL ENGINEERING SUPPORT REQUIREMENTS from 47,000 hours by 7,625 hours to 54,625 hours. As of today, there are 4,386 unused hours in the task order pool which are insufficient to support the studies required for the Joint Polar Satellite System (JPSS) Advanced Technology Microwave Sounder (ATMS)-3 and JPSS-4 spacecraft testing campaigns as well as the completion of new Ground Support Equipment [e.g., Benchtop Engineering Development Unit (EDU), Flight Software Test Bench, Simics Opsim]. The studies are often used to investigate varying approaches to the contract requirements prior to execution which lower the risk to both the contractor and Government

Additionally, for both the JPSS-3 ATMS and JPSS-4 ATMS, the period of performance pre-instrument delivery and post-instrument delivery has been extended with a final recalibration of the dates expected in the future.

This extended time also warrants additional task order support.

Event Original Date on Contract Current Date on Contract JPSS-3 ATMS Delivery Date 9/30/2020 1/4/2023 JPSS-3 Mission Launch Date 6/30/2022 8/18/2024 JPSS-4 ATMS Delivery Date 3/31/2022 3/9/2023 JPSS-4 Mission Launch Date 12/31/2023 12/7/2024

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 principal purpose of the existing contract is to design, develop, manufacture, integrate, test, and deliver five JPSS ATMS instruments including a refurbished ATMS EDU for the QuickSounder Project.

The task order pool within clause H.13 serves the purpose of conducting special studies as defined in the JPSS-1 ATMS Statement of Work (SOW), JPSS-2 ATMS SOW, and JPSS-3 and JPSS-4 ATMS combined SOW. A description of the technical scope is further elaborated in Item 2 and Item 5. An in-house cost estimate applied the average task order skill mix to the additional 7,625 hours to calculate a total amount of .

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, “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. 3204(a)(1) is that NG, the original vendor of the ATMS instruments, is the only vendor capable of performing studies related to ATMS design, build, test, and integration with each respective spacecraft. NG spent decades refining their design and workmanship pertaining to six ATMS instruments (Suomi Polar-Orbiting Partnership ATMS, ATMS EDU, JPSS-1 ATMS, JPSS-2 ATMS, JPSS-3 ATMS, and JPSS- 4 ATMS). NG overcame significant technical (both design and workmanship-related), schedule, and cost hurdles along the way. No other vendor has this history or experience to carry out studies related to ATMS without substantial technical risk, cost growth, and schedule delays.

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 October 13, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source new work modification to Northrop Grumman. 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.

The proposed costs will be evaluated by the Contracting Officer’s Representative and the Contracting Officer to determine that the direct labor rates, direct labor hours, skill mix, other direct costs, indirect costs, and fee are in line with audit reports, audit agency recommendations, comparative efforts within this contract and other contracts, and publicly available market data such as published price lists, catalogs, etc... The Contracting Officer may enlist support from external organizations such as the Defense Contract Audit Agency and Defense Contract Management Agency, as needed.

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:

No additional market research has been conducted on these requirements. Based on the unique design, manufacturing processes, special test equipment, test fixtures, specialized and skilled workforce, institutional expertise and knowledge required to conduct special studies on the ATMS instruments, NG is the only qualified vendor that meets the requirements.

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).

The synopsis notified all interested sources that this requirement will be issued on a sole-source basis, and provided an opportunity to submit their interest and capabilities to the contracting officer within 15 days of the synopsis publication.

No responses were received upon the expiration of the synopsis.

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 follow-on program to JPSS is the Near-Earth Orbit Network (NEON) which includes a follow-on instrument to ATMS called the Sounder for Microwave-Based Applications

(SMBA).

While all JPSS ATMS new work modifications will most likely be sole-sourced due to institutional knowledge gained by Northrop Grumman over many years, the NEON SMBA will be selected on a competitive basis.

NNG11XA04C JPSS ATMS – ADD 7,625 HOURS TO THE TASK ORDER POOL FOR

SPECIAL ENGINEERING STUDIES

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Donald Whiteman Technical Representative

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

Bruce Tsai Contracting Officer

CONCURRENCE:

Mary Stevens Procurement Officer

APPROVED:

Raymond Rubilotta Competition Advocate

NASA GSFC