SEER Justification for Other Than Full and Open Competition (JOFOC)_Redacted.pdf

JOFOC-2020-017

Revision: A

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

NASA SHARED SERVICES CENTER (NSSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For 80NSSC20Q0400 Seer License Renewals

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), and the contracting activity, NASA Shared Service Center (NSSC) Enterprise License Management Team (ELMT).

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 firm-fixed price purchase order to Galorath Incorporated for the renewal of Seer software and maintenance support.

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):

This justification provides the rationale for contracting by other than full and open competition for the renewal of Seer software and maintenance support. The total estimated price of the proposed order is and the estimated period of performance is August 27, 2020 through August 26, 2021.

Item Description Qty Price Extended

SEER for Software - Estimator Edition Annual Site License 6

SEER for Software - Project Manager Edition Annual Site License (for JPL) 1

Electro Optical Sensors Option for SEER for Hardware (for JPL and GSFC) 2

SEER for Hardware - Estimator Edition Annual Site License 8

Total

Revision: A

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 for acquisitions using the procedures in FAR 13.5 is 41 U.S.C. 1901 applies to this procurement. This justification is based on Galorath Incorporated being the only responsible source and no other supplies or services will satisfy agency requirements. This JOFOC complies with the special documentation requirements of FAR 13.501(a)(1)(ii). There are no other vendors who have authority to distribute Seer licenses and hardware as it is proprietary to Galorath Incorporated, who exclusively supports Seer.

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 the only responsible source and no other supplies or services will satisfy agency requirements as described below.

This procurement is to purchase the software licenses developed by Galorath. The site and seat licenses will ensure unlimited use during the period of performance along with customer support for unique queries or trouble shooting. The licenses will be distributed to the following locations: Headquarters, Glenn Research Center (GRC), Goddard Space Flight Center (GSFC), Johnson Space Center (JSC), Kennedy Space Center, Marshall Space Flight Center (MSFC), Ames Research Center (ARC), Armstrong Flight Flight Research Center (AFRC), Langley Research Center (LaRC), Stennis Space Center (SSC), and Jet Propulsion Laboratory (JPL).

NASA utilizes Galorath’s SEER series estimation and analysis tools to conduct programmatic analysis to inform planning, procurement, and project management functions.

These tools enable NASA to define, analyze, and manage software, hardware, and DFM Engineering, Inc. projects from early concepts through upgrade and maintenance phases.

Galorath's SEER tools derive cost, schedule and staffing estimates by assessing the interaction and impact of product, organizational and operational variables. The SEER packages utilize a proprietary parametric methodology, coupled with the industry's most comprehensive knowledge bases in order to create a rapid and powerful view of the critical factors driving program decision and determining success. SEER’s accuracy and flexibility in incorporating multiple variables is not replicated elsewhere with other commercially available software tools.

NASA uses SEER-SEM as a decision-support tool for estimating software development and maintenance cost, labor, staffing, schedule, reliability, and risk as a function of size, technology, and any project management constraints. SEER-SEM has been demonstrated to be effective for all types of software projects, from commercial IT business applications to real-time embedded aerospace systems. No other software package delivers the same capability and accuracy for estimating software projects, particularly those of specific interest for NASA.

The SEER suite has been used by NASA for over 18 years. The OCFO Strategic Investments Division (SID), through Agency Programmatic Analysis and Research

Capability (APARC) provides cost analysis support tools to the Agency. NASA first began using the SEER-H cost estimating model in the early 1990’s at NASA’s MSFC. Over the next 15 years, the model gained popularity across the NASA cost estimating community. In order to transition to another tool suite, the estimated costs for retraining analysts at all the centers are estimated to be . The basis of this estimate assumes users need hours of training, with a training course cost of Additional costs will also be incurred due to reduced accuracy of estimates and inefficiencies to transitioning away from a tool with significant institutional knowledge.

No other tool has the capability to provide cost, schedule, and staffing estimates with the same accuracy and ease of use, while providing the same flexibility to consider multiple variables and scenarios, to inform NASA programmatic decisions. Galorath Incorporated is the only supplier of SEER series and SEER specific training. An extensive internet search was performed in an effort to identify other sources. Failure to procure this software developed by Galorath will result in significant degradation of NASA’s cost estimating capability, negatively impacting NASA’s programmatic analysis capability and ability to accurately estimate cost and schedule performance.

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:

Galorath Incorporated is the developer and sole source provider for all Seer hardware, software, support, and specialized services. A notice of intent to issue a sole source purchase order to Galorath Incorporated was published to the Government Point of Entry (GPE) website (beta.sam.gov) in accordance with FAR Subpart 5.2 on August 24, 2020 with a response date of August 26, 2020. The posting informed any/all potential sources of NASA’s intent to award this sole-source contract to Galorath Incorporated. The posting yielded no responses from industry. 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 Contracting Officer will determine that the proposed price is fair and reasonable based on several of the techniques identified in Federal Acquisition Regulation (FAR) Subpart 13.106-3 – Award and Documentation. This procurement is for a commercial item. Thus, the price can be determined fair and reasonable based on a comparison of the established market price and historical pricing.

NASA has historical contract information from previous awards with Galorath for Seer Annual Renewals, there are no anticipated issues that would circumvent a fair and reasonableness price determination. The Contracting Officer will also determine price reasonableness during the proposal evaluation process prior to contract award, based on historical pricing/IGCE and commercial pricing, if available.

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:

In accordance with FAR 8.002, market research was conducted to review mandatory sources such as the mandatory Government Sources List with no availability. Due to being unable to satisfy the requirement from the mandatory sources listed in FAR 8.002 and 8.003, the NSSC Procurement Operations Branch additionally reviewed other non-mandatory sources. A review of NASA SEWP was performance and the requisite software and support is not available through any Authorized Resellers. A review of GSA Advantage revealed that Galorath Incorporated does have a Federal Supply Schedule with Seer products, 47QTCA19D00JW. It was revealed that not all of the requirements for this acquisition are included on Galorath’s current GSA schedule and therefore will be procured Open Market.

In addition to market research findings, Galorath was contacted directly and they confirmed with a sole source letterhead that Seer software is only available to NASA directly from Galorath.

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

N/A

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique of highly specialized or an exclusive licensing agreement. 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). There were no responses received following the posting of the notice of intent to sole source.

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 Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements. Due to the nature of the expressed requirement, there are no known actions which the Agency may take to give consideration to other manufacturers for the requirements described herein. To change vendors at this time would entail unnecessary risk without any appreciable gain for the Government.

JOFOC-2020-017

For 80NSSC20Q0396 Seer License Renewals

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

Technical Representative

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

Lead Contracting Officer

Legal Concurrence:

Attorney-Advisor