NOIS3 TO 094 JEFO.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Johnson Space Center

Justification for an Exception to Fair Opportunity

Description of the action being approved: This justification documents the basis for issuing Task Order NOIS3- 094 - CEQ Solutions Marketplace and Public-Private Partnership Engagement Support under the NASA Open Innovation Services 3 (NOIS3) contract using an exception to the Fair Opportunity process.

Description of the supplies or services required to meet the agency’s needs: This action is a firm fixed price with a total funding of $685,000. Period of performance from date of award to January 8, 2027.

The Center of Excellence for Collaborative Innovation (CoECI) was created in November of 2011 at the request of the White House Office of Science and Technology Policy (OSTP) to help NASA and other Federal Agencies advance their use of open innovation and crowdsourcing models. CoECI guides NASA and other Agency teams on all aspects of implementing crowd-based initiatives, from problem definition, to incentive design, to post-submission evaluation of solutions. CoECI also provides access to its contracts through assisted acquisition Interagency Agreements.

NASA intends to issue NOIS3-094 as a sole-source to Luminary Labs LLC. The objective of this task order is to maintain and expand the Council on Environmental Quality (CEQ) permitting solutions catalog via a streamlined external submission process and multiple public-private engagement events. The ability to efficiently permit infrastructure is foundational to American economic growth and national security. Delays in permitting stall critical infrastructure development, drive up costs, and impose unnecessary burdens on the American people.

Permitting Innovators is a program to modernize federal permitting for the 21st century.

On July 31, 2026, high-potential solutions were showcased at the Permitting Innovators Expo in the Washington, D.C. area. These solutions are also featured in the Permitting Innovators Solutions Catalog. Both the Expo and the Catalog provided opportunities to shape the future of environmental review and permitting through public-private collaboration.

The contractor, who has already completed most of the work for NOIS3-040 CEQ Permitting Innovators, is expertly poised to conduct this project.

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Supporting Rationale:

Luminary Labs LLC has an extensive track record of performing these kinds of complex, technical projects, such as NOIS3-105 National Geospatial Intelligence Agency MagQuest, and NOIS3-028 NASA TechLeap Prize, and is expertly poised to continue this work. Through NOIS3-040 DEQ Permitting Innovators, Luminary Labs has already created the initial solutions Catalog and established relationships with companies and organizations that need to participate in the public-private engagements. Utilizing Luminary Labs at this stage preserves continuity, avoids unnecessary rework, and ensures that NOI3-094 proceeds without disruption. Transitioning to a different contractor at this time would undermine the efficiency and economy intended by this sole-source follow-on, introducing significant delays, added costs, and operational risk.

Determination that the anticipated cost to the Government will be fair and reasonable:

The Government will ensure that it obtains fair and reasonable pricing from the contractor on Task Order 094.

The Government will compare the proposed prices to historical prices and, whether by the Government or other than the Government, for the same or similar items or services.

Other Facts:

The Contracting Officer will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.

A statement of the actions, if any, the agency may take to remove or overcome barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: N/A - This is a follow-on task order requirement from the NOIS3 contract.