JOFOC SPECTRUM.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SPECTRUM CONTRACT

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For NNH16CO60C

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) Headquarters:

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is Headquarters.

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 sole-source modification to increase the Indefinite Delivery Indefinite Quantity (IDIQ) component maximum value of contract number NNH16CO60C with Arctic Slope Technical Services, Inc (ASTS) for on/off-site Spectrum Management, Engineering Services and Programmatic Resources Management

Support services to NASA Headquarters and other Centers.

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 scope of work of the existing contract requires the contractor to provide Spectrum Management, Engineering Services and Programmatic Resource Management support to the SCaN Program to support all projects within NASA Headquarters and other center programs. The SCaN contract has the capability to provide support such as Domestic and International Spectrum Management and Regulatory Services, Programmatic and Management Accounting Tools and Services, Web presences and applications, Education and Public Outreach Activities and Space Communications and Navigation Engineering

Services.

The required mission critical support includes planning, scheduling, configuration management, system engineering, integration services, system operation, and system development, among other services.

These services are essential to ensure the success of the following critical events:

a. Provide expert knowledge in Domestic and International Spectrum Management and Regulatory

Services such as spectrum management, regulations and policies, communication and sensor technologies, space and ground networks and orbital debris management.

b. Provide expert knowledge in Programmatic and Management Accounting Tools and Services such as the Government Planning, Programming, Budgeting and Execution Process, accounting principles, management accounting, cost projections of ground systems, and operations analysis.

c. Provide expert knowledge in web presences and applications, education and public outreach activities such as development of websites and applications including social media, maintenance of intranets.

d. Provide expert knowledge in Space Communications and Navigation Engineering Services such as Optical communication technologies, quantum mechanics, space navigation, development of space communication and navigation standards and ground systems development and network operations.

The current contract is a hybrid Cost Plus Fixed Fee (CPFF) core with a CPFF Indefinite Delivery

Indefinite Quantity (IDIQ) component. The estimated value of the core services is $37,733,017 and the current maximum value of the IDIQ is $19M for a total potential value of $56,733,017. Currently the cumulative value through November 30, 2020 is projected to be $56,514,035. (Core and IDIQ). This leaves only $218,982 in available value ($147,234 in core and $71,748 IDIQ) to provide needed support services for support beyond the current expiration date of November 30, 2020. The requested maximum value increase will cover work through May 30, 2021or until the new follow-on contract can be awarded.

Based on current projections of core and IDIQ, the remaining ordering value is insufficient to cover these requirements for the SCaN program office. Without an increase to the maximum ordering value, NASA

Headquarters would be precluded from continuing current ongoing support requirements under this contract to support the SCaN program office. The increase in the maximum ordering value required to cover anticipated requirements until a follow-on contract can be competitively awarded is estimated at

$7M. The maximum ordering value for the contract with the increase will be $26M and will cover both core as well as IDIQ.

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 that ASTS has the combined training, experience, and expertise to provide uninterrupted mission critical information technology support to

SCaN program office as described below.

The success of NASA’s (SCaN) Program is dependent upon maintaining operational readiness of space communication and navigation capability for NASA’s missions, as well as, enhancing such capability through maturation of technology, development of new systems, and leading the development of international standards in space communication and navigation. ASTS possesses the familiarity, awareness, and understanding gained through its experience supporting the SCaN program, that is required for a contractor to successfully provide continued Spectrum contract support for current SCaN contract requirements that need to be extended through a period up to May 30, 2021.

For example, the Space Communication and Navigation (SCaN) Program is divided into two areas:

Spectrum Management and Program Management. Within the Spectrum Management area, the SCaN

Program is the designated authority to support the Agency and the U.S. commercial space communication industry for spectrum allocations and assignments through leadership and coordination with national and international spectrum management organizations. For the SCaN Program, ASTS’s support is necessary to perform uninterrupted services such as; general spectrum management, compatibility analyses, communication and sensor technologies, radio-investigation and global positioning system technologies, spectrum aspects of extra-terrestrial mission and life assessments, and orbital debris management. It is critical that NASA continues to receive these services to remain at the forefront of national spectrum management and to support not only the Agency’s mission needs but also the Agency’s support of the U.S. commercial space communications industry.

One of the causes for the rapid growth of the IDIQ component stemmed from other HQ organizations needing support that was not anticipated when the initial IDIQ maximum ordering value was established.

Unexpected task orders were issued for support in the Human Exploration and Operations Mission

Directorate (HEOMD), Power and Propulsion Element (PPE), and Space Technology Mission

Directorate (STMD) organizations. As the SCaN office continued to manage complex changes to future space communications there was a need for new technology development that was required beyond what was initially anticipated.

Procuring these services from any other source would create unacceptable delays. Due to the expertise gained by ASTS through their performance to this point, transitioning this work to any other contractor with less than 2 months left on the contract is insufficient and would cause programmatic risk and delays.

Additionally, any delays will negatively impact SCaN’s ability to meet the space communications requirements for Lunar Missions that NASA has been directed to develop and implement by 2024.

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 (beta.SAM.gov) was published on August 28, 2020, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole source modification to increase the ordering value under the existing contract with

ASTS. 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 task order proposals to be evaluated and negotiated by the Government. Prior to the issuance of these tasks, 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 Spectrum contract is a competitively awarded hybrid Core and IDIQ contract with work currently authorized by individual task orders, which are priced using the labor categories and fully burdened direct labor rates established in the contract. These rates are pre-established under the contract and cover the remaining ordering period and up to a year thereafter. In addition, the Contracting Officer’s

Representative and the Contracting Officer will review the contractor’s task plans and estimates to determine that the direct labor rates, direct labor hours, skill mix, other direct costs, indirect costs, and fee(s) are fair and reasonable prior to each task being issued, as is the practice with the current contract.

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:

A notice to beta.SAM as published on August 28, 2020 to announce NASA’s plans to increase the maximum ordering value of the Spectrum contract to fulfill SCaN program requirements through May

30, 2021. Market research was done for the current follow-on competitive and as a result multiple proposals are currently being evaluated. No further market research was deemed necessary for this sole source contract action.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

The current contract includes FAR 52.217-8 Option to Extend Services which provides the authority to extend the period of performance by 6 months. Therefore, approval is being sought under this JOFOC to increase the maximum ordering value of the IDIQ portion to allow for issuance of tasks under this contract until the follow-on can be awarded.

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

(beta.SAM.gov) per FAR Subpart 5.2 (See Section 6 above). The synopsis was posted on August 28, 2020 and closed on September 14, 2020.

No responses were received.

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:

There are no barriers to competition for the services required. The follow-on for this procurement is currently in the evaluation stage and adequate competition has been received under NASA Solicitation #

80HQTR20R0011.