Single Seat Flight Opportunity
The National Aeronautics and Space Administration (NASA) Lyndon B. Johnson Space Center (JSC) is issuing this pre-solicitation notice as a means to inform commercial entities having an interest in and the resources necessary to support the requirement for an International Space Station (ISS) single flight opportunity for a duration of 15 to 30 days to be performed no later than 2024. The Agency intends to fulfill this requirement by utilizing a seat on a private astronaut mission (https://www.nasa.gov/leo-economy/private-astronaut-missions), inclusive of crew member training, medical support, launch, on-orbit services and resources, and return. Prospective offerors may propose the use of government provided resources and services on a negotiated basis as required to enable the flight opportunity. NASA retains authority for crew assignment of the single seat. The government intends to compete this requirement as a full and open competition utilizing Federal Acquisition Regulation (FAR) Part 12 “Commercial Item” and a streamlined procurement approach. Parties interested in fulfilling this ISS single flight opportunity requirement must first submit a private astronaut mission white paper in response to ISS NASA Research Announcement NNJ13ZBG001N entitled “Research Opportunities for ISS Utilization” dated August 16, 2019, Focus Area 4 entitled “Private Astronaut Missions to the International Space Station”, which can be accessed here: https://nspires.nasaprs.com/external/viewrepositorydocument/cmdocumentid=704239/solicitationId=%7B21E0270C-BC1F-EFC4-3D87-30713B5FF373%7D/viewSolicitationDocument=1/2012%20Research%20Opportunities%20for%20ISS%20Utilization%20NRA%20Aug%202019_8.16.pdf. The white paper submittal to the NRA in support of this potential acquisition must outline the private astronaut mission concept, including accommodating the NASA single seat on a mission where the NASA seat occupant is one of no more than four total crew members on the private astronaut mission. NASA will review the white paper and provide a high-level feasibility assessment to the proposer within tee weeks of receipt. Only offerors who obtain a successful private astronaut mission feasibility assessment will be eligible to submit a proposal for the planned future single flight opportunity solicitation. The solicitation will detail the proposal submission requirements applicable to the single flight opportunity. The private astronaut mission will be responsible for all aspects of seat integration. NASA intends to make available up to two private astronaut mission opportunities per year based on currently available schedule information and will make available one of those opportunities to fulfill this single seat requirement. The mission schedule is subject to NASA vehicle traffic changes, anomalies, or other unforeseen circumstances that may arise. This notice is for information and planning purposes only and is intended to inform interested parties of the prerequisite private astronaut mission feasiblity assessment requirement. There is no solicitation at this time for the ISS single flight opportunity, as this notice does not constitute a request for proposals. The anticipated date for issuance of the solicitation is March 2020. If a solicitation is released it will be posted in https://beta.sam.gov/. It is the potential offeror's responsibility to monitor this site for the release of any solicitation or future notices. 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 .
80JSC020SSFO National Aeronautics and Space Administration Johnson Space Center
11/26/19, 4:28 PM Private Astronaut Mission Liability Framework
This is a Request for Information (RFI) only and does not constitute a commitment, implied or otherwise, that the National Aeronautics and Space Administration (NASA) will take action in this matter. On June 7, 2019, NASA issued the "NASA Plan for Commercial LEO Development,” which outlined a multi-pronged approach to enabling commercial activity in Low Earth Orbit (LEO) as described here: https://nasa.gov/leo-economy/vision-for-low-earth-orbit-economy. This approach includes enabling flight of private astronauts to the International Space Station (ISS). In order to enable such Private Astronaut Missions (PAMs), NASA released additional guidance regarding PAMs to the ISS, including the process for seeking approval of a PAM. More specifically, NASA expanded the International Space Station Utilization NASA Research Announcement to add Focus Area 4, Private Astronaut Missions. To effectuate Private Astronaut Missions to the ISS envisioned in the NRA, NASA is establishing a liability framework. NASA is requesting feedback on the current proposed liability framework for Private Astronaut Missions, as outlined below, and its perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO. NASA seeks feedback from all interested parties, including current or prospective Private Astronaut Mission (PAM) Providers, launch services providers, insurance providers, and other third parties who may be impacted by the PAM liability framework ultimately implemented. NASA may use the results of this RFI to modify the proposed liability framework, to guide an assessment of appropriate insurance amounts and types of insurance required, or to otherwise inform the development of the implementation approach with respect to PAMs generally and liability framework for such missions in particular. Proposed Liability Framework: Current Assumptions: NASA will enter into an agreement with a Private Astronaut Mission (PAM) provider, tough which NASA will impose requirements with respect to training, performing proximity operations and docking with the International Space Station, living and working on the ISS, liability, and other terms applicable to a PAM to ISS. The framework outlined below will be implemented tough liability terms in said agreement(s). The term “Private Astronaut” includes all astronauts that are not “Government Astronauts” (as defined in 51 U.S.C. § 50902(4)). NASA will have a direct contractual relationship only with the PAM provider. In other words, NASA will have no privity of contract with the private astronaut or with PAM provider contractors or vendors (including the launch services provider, if the PAM provider is not the launch services provider for a particular mission). NASA will certify that the transportation vehicle meets ISS visiting vehicle requirements but will not certify it as a crewed vehicle. A Private Astronaut Mission will carry only private astronauts (i.e., no Government Astronauts). NASA may, at its sole discretion and subject to applicable legal and policy requirements, choose to acquire services (e.g., crew time or up-mass) from a PAM provider if available. Certain terms of the proposed liability framework (designated as “Required”)are required to meet obligations to NASA’s international partners under the International Space Station Inter-Governmental Agreement (IGA) and other arrangements or to meet NASA policy requirements. The PAM provider will be subject to all statutory and regulatory requirements, including 51 U.S.C. § 50914, Liability insurance and financial responsibility requirements and other requirements imposed by the FAA under the Commercial Space Launch Act, 51 U.S.C. § 50901, et seq. Proposed Requirements: Note: For reference purposes only, see NASA FAR Supplement (NFS) 1852.228-76, Cross-waiver of liability for international space station activities, tough which NASA implements the IGA cross-waiver. Cross-waiver and Flow-down: The PAM provider must agree to the IGA cross-waiver, deviated as follows: Private Astronauts are considered Related Entities and must agree to IGA cross-waiver language (Required) Subject to the limitations outlined below, the Government and the PAM provider will also agree to a reciprocal waiver of claims between each other. The Government will not waive claims Arising out of or relating to the contractor’s failure to perform its obligations under the agreement; For U.S. Government property that is covered by PAM provider’s insurance or financial capability required by the agreement; or Against Private Astronauts or commercial contractor cargo or payload owners. The PAM provider must provide certification to NASA that the cross-waiver was flown down to Related Entities. (Required) Flow-down of NASA Private Astronaut Technical Requirements: The PAM provider must ensure all requirements imposed by NASA with respect to Private Astronauts are properly flowed down to the Private Astronauts, including, but not limited to, the following requirements: to complete training as required by NASA, to abide by the Crew Code of Conduct, to observe and respect intellectual property rights, IT systems requirements, ISS safety requirements, and badging requirements. (Required) The PAM provider must ensure Private Astronauts meet Multilateral Crew Operations Panel (MCOP) requirements and be approved by the MCOP, as delegated by the Multilateral Control Board (MCB). (Required) Insurance: The PAM provider must obtain the following insurance, in TBD amounts: (1) Liability insurance to cover all phases of the mission and all Damage, as defined in the IGA cross-waiver; (2) Insurance in the maximum amounts available on the market at reasonable premiums for damage to U.S. Government property, except for damage to all on orbit ISS structures, modules, and systems required for ISS functionality during Launch Services, Reentry Services, or transportation to, from, in proximity of, or docking with the ISS as part of activities under the agreement and damage resulting from willful misconduct of Government/employees (3) Insurance for claims by Third Parties for Damages arising in connection with Hazardous Activities under the contract (4) Insurance covering damage to or loss of any property or injury or death of any person on the ISS or other third parties, resulting from any action, negligence, or failure to act by the Private Astronaut (provider may obtain or require Private Astronaut to obtain) The PAM provider must require each Private Astronaut to obtain life insurance in, at a minimum, an amount (if any) required by the International Partners (Required), or such higher amount as may be required by the Government, as the Private Astronaut’s sole source of recovery. Indemnification/Hold Harmless: The PAM provider must agree to indemnify NASA and hold NASA harmless for Damages resulting from failure to flow down cross-waiver or other requirements to Private Astronauts or its other Related Entities. Informed Consent/Assumption of Risk: The PAM provider must require each Private Astronaut execute written informed consent and assumption of risk statement binding heirs, assigns, and subrogees. The PAM provider must certify to NASA that such informed consent and assumption of risk was executed. Information Requested from Responders: NASA is interested in understanding the how the proposed framework would impact NASA’s ability to achieve the goals set forth in NASA’s Vision for Economic Development in LEO. To that end, NASA seeks feedback from each responder regarding one or more of the following: (1) impact or implementation of the proposed liability framework (e.g., impact to responder’s business plan or the commercial insurance market; implementation challenges); (2) suggested additions to or omissions from the proposed liability framework (excluding portions marked “Required” above); (3) assumptions (identified above); (4) other factors potentially impacting liability; (5) insurance coverage and products available on the market at reasonable premiums, including scope and amount of that insurance coverage and premium amounts considered reasonable, including, but not limited to, the following specific areas that may require insurance: - Life insurance for the Private Astronaut - Property insurance for all on-orbit activities, including damage to the USG property and the ISS (except for excluded damage as outlined above) - Third party insurance for all on-orbit activities - New insurance products/policies available specifically for space activities; =or (6) other feedback on insurance, indemnification, cross waiver or other topics to assist NASA in developing a liability framework more conducive to achieving NASA’s stated commercialization objectives. For all feedback, NASA is interested in understanding the underlying basis for the feedback, and in particular on the perceived impact on the goals set forth in NASA’s Vision for Economic Development in LEO. NASA anticipates that feedback may include, among other things, an assessment of impact of the framework on the reduction of uncertainty with respect to responsibility for damages resulting from Private Astronaut Missions, on the ability to obtain or provide insurance, and/or on the ability to develop a viable business model for Private Astronaut Missions. Company Information: Please provide the company name, summary of company’s interest or involvement in Private Astronaut Missions (past, present, or prospective), point of contact name, phone number, and e-mail address. Response Preparation and Transmittal: This is a request for information only. It is not a procurement, commitment to procure items or services, or request for proposals. NASA will not reimburse any costs incurred for preparation or submission of information in response to this RFI. NASA reserves the right to share all information received in response to this RFI toughout NASA and to use all information submitted in response to this RFI in NASA's formulation of the liability framework for Private Astronaut Missions. NASA does not wish to receive any competition sensitive data that requires protection. However, if it is necessary to submit competition sensitive data to answer any of the questions in this RFI that data should be clearly segregated and marked as sensitive. Although information contained herein represents current program content and acquisition planning, it is subject to change. Questions and responses shall reference this RFI. Interested parties should submit a response of no more than 10 single-sided pages indicating their interest as described herein. A cover page may be added in addition to the 10 pages. Point of Contact: Questions concerning this RFI shall be submitted via email to cistie.l.cox@nasa.gov under the subject "PAM Liability Framework RFI" no later than July 18, 2020. Electronic submission of the responses should be sent to kelly.l.rubio@nasa.gov under the subject “PAM Liability Framework RFI” no later than July 18, 2020 by 4:00 pm eastern daylight time.
80JSC020PAMLF National Aeronautics and Space Administration Johnson Space Center
6/18/20, 2:58 PM