Justification for Other than Full and Open Competition (JOFOC) Technology Transfer Services

NASA Marshall Space Flight Center has a requirement to authorize an increase in the contract value and extension of the period of performance for contracts 80MSFC18D0007 and 80MSFC18C0040, noncompetitive HUBZone contracts awarded to Acuity Edge, Inc. (Acuity Edge), a certified HUBZone Small Business, for support to the NASA Technology Transfer Office 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 support for transferring NASA technologies to the commercial sector, academia and other government agencies.  NASA considers these services to be highly specialized. This contract action is necessary to prevent a break in services until the competitive follow-on contract for Consolidated Agency Technology Transfer Services (CATTS) is awarded.

NASA MSFC intends to issue modifications to the sole source contracts to acquire the services from Acuity Edge under the authority of FAR 6.302. The original contracts were issued using the statutory authority permitting other than full and open competition 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. 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.

The Government does not intend to acquire a commercial item using FAR Part 12.

Market research was not conducted for this proposed contract action because the Government is aware of other sources in the market that may be able to compete with Acuity Edge for business opportunities in this trade space.

Interested organizations may submit their capabilities and qualifications to perform the effort electronically via email to Annette.Hawkins@nasa.gov no later than 3:00 pm CST on Monday, September 22, 2023.  Such capabilities/qualifications will be evaluated solely for the purpose of determining whether or not to conduct this acquisition on a competitive basis.  A determination by the Government not to compete this acquisition on a full and open competition basis, based upon responses to this notice, is solely within the discretion of the Government.

NASA Clause 1852.215-84, Ombudsman, is applicable. The Center Ombudsman for this acquisition can be found at : http://prod.nais.nasa.gov/pub/pub_library/Omb.html