00_Cover Letter Enclosure 1 - Summary of Changes Final.pdf

Cover Letter Enclosure 1 – Summary of Changes

CLDC RFP 80JSC027R0004

Summary of Changes to the Final Request For Proposal (RFP)

Scope: This document provides a high-level summary of the changes made between the

Draft RFP and the Final RFP releases. This document does not outline every change made and concentrates on the significant changes only. In addition to this summary, NASA is providing a redlined version of the Final RFP against the Draft RFP for additional clarity.

Precedence: Any discrepancies between this document, the Redline version provided and the Final RFP release, the Final RFP release takes precedence.

Section B - Supplies or Services and Prices/Costs

• CLIN 2 has been updated to remove crewed “Demonstration.” The crewed demonstration has been updated to Activation and Checkout under CLIN 3.

Crewed demonstration activities will occur as part of CLIN 3 service missions.

• Tables B.5.1.1, B.5.2.1 and B.5.3.1 have been updated and simplified to one set of pricing tables per mission type. Additional instructions have been added to clarify how to fill in pricing for each table with respect to Offerors providing pricing for End-to-End Services, or if Offerors are requesting GFTSS.

• Tables B.5.2.1 and B.5.2.2 updated to require pricing for 2, 3 and 4 crew. Multi-year pricing for Mission A is still requested. Corrected all tables to show all years available for Offeror to price services.

• Tables B.6.2.1 and B.6.2.2 updated reference to SOW 1.9.2 for Payload Developer Service. Additional notes added for clarity.

• B.7 updated labor rate definitions.

Section C – Description/Specifications/Requirements

• None Section D – Packing and Marking

• None Section E – Inspection and Acceptance

• None Section F – Deliveries or Performance

• None Section G – Contract Administration Data

• None Section H – Special Contract Clauses

• Deleted three (3) H clauses:

• H.20 NASA Priority

• NFS 1852.209-71 Limitation of Future Contracting

• JSC 52.219-90 Small Business Goals

• Modified the following H Clauses:

• H.2 TASK ORDERING PROCEDURES – SUPPLEMENT – Clarified GFTSS equitable adjustment process for CLIN 3, and clarified CLIN 4 task orders are open to CLIN 1 awardees

• H.3 USE OF GOVERNMENT RESOURCES – Clarified use of subcontractors and ability to request use of NASA resources (GTA/GCA) for ground/flight operations; clarified use of ISS resources under GTAs; moved Waiver of Claims to H.39 Cross Waiver of Liability for Science or Space Exploration Activities unrelated to the ISS.

• H.4 GOVERNMENT’S RIGHT TO REMOTELY-SENSED DATA – Clarified applies to all phase of operations

• H.5 ON-RAMP/OFF-RAMP – Added Off-Ramp provision

• H.7 ADJUSTMENTS TO LAUNCH SCHEDULE – Added a separate Cargo

Launch Window.

• H.12 MINIMUM DATA RIGHTS TO THE GOVERNMENT – Updated summary table for clarity and to align with other updates made in the Final RFP;

Removed Imagery, Insight and catch all category.

• H.13 IDENTIFICATION AND REPRESENTATION OF DATA WITH RESTRICTIVE

OR LIMITING MARKINGS – Clarifications for pre-award assertion instructions.

• H.14 GOVERNMENT INSIGHT –

Modified Data and Added definitions for Computer Software Updated the definition of Insight and Insight Data Added explanation of Government Rights to Insight Data as Insight data removed from Limited Rights category Deleted section on Joint Test Activities Updated Contractor’s Responsibility

• H.16 SUCCESS DETERMINATION

Added Joint Assessment Team to determine cause of anomaly or failure Clarified Destination mission success determination criteria will be provided in the CLIN 3 RFTOP Updated Crew & Cargo Mission Success Criteria to pre-define Primary objectives (80%) and stated the Secondary objectives (20%) to be mission specific as defined in the CLIN 3 RFTOP.

• H.19 OUTER SPACE TREATY ARTICLE 6 - Clarified to include only major changes to the mission plan and removed references to the SOW

• H.21 COMMUNICATIONS

Updated format and contents to align with NASA generic

Communications template which included transferring the majority of the requirements from the SOW to the H-Clause.

Clarified Government and Contractor restrictions to release media to the public and applicability of the clause

Removed non-applicable/misplaced paragraphs at end of clause

• H.22 JURISDICTION AND CONTROL OF SPACE OBJECTS - Clarified applicability of clause

• H.23 AUTHORITY AND RESPONSIBILITIES OF THE DESTINATION AND CREW

VISITING VEHICLE (CVV) COMMANDER, CHAIN-OF-COMMAND AND

SUCCESSION ON-ORBIT; RELATIONSHIP BETWEEN GROUND AND ON-

ORBIT MANAGEMENT – Updated Commander qualifications and clarified on-orbit authority

• H.25 INFORMED CONSENT AND ASSUMPTION OF RISK FOR NON- U.S.

GOVERNMENT (USG) CREW - Clarified applicability of clause

• H.26 INSURANCE FOR DAMAGE TO PROPERTY – Split into two Clauses - H.26 INSURANCE FOR DAMAGE TO PROPERTY (Property) and H.42 INSURANCE FOR THIRD PARTY CLAIMES for clarity Reduced Launch Vehicle Category 2 insurance from $500M to $200M and provided clarity in other insurance areas including third parties.

• H.29 APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS - Updated for clarity and to deconflict with H.21 Communications clause updates

• H.30 COMMERCIAL ACTIVITY GUIDANCE – Clarified applicability and procedures and references to DRDs

• H.31 GOVERNMENT TECHNICAL ASSESSMENT – Clarified applicability and remedies

• H.33: AMERICAN TAXPAYER PROTECTIONS – Replaced "Most Favored

Pricing" to "Fair Market Pricing." and clarified reporting requirements.

• H.39 NFS 1852.228-78 CROSS-WAIVER OF LIABILITY FOR SCIENCE OR

SPACE EXPLORATION ACTIVITIES UNRELATED TO THE INTERNATIONAL

SPACE STATION (SEP 2025) (DEVIATION) - Clarified Cross-Waiver of Liability related to commercial activities, third parties, and related entities Expanded cross waiver to GTAs. Clarified for activities related to ISS - the Contractor will be required to agree to a deviated version of clause NFS 1852.228-76 Cross-Waiver of Liability for International Space Station Activities.

• Added the following H Clauses (5):

• H.36 ENVIRONMENTAL COMPLIANCE AND NATIONAL ENVIRONMENTAL

POLICY ACT (NEPA) DOCUMENTATION - Environmental compliance and reporting

• H.34 CONTRACTOR USE OF EXCESS NASA CAPACITY - Allows Contractor to use excess govt capacity

• H.42 INSURANCE FOR THIRD PARTY CLAIMS

• H.43 TRANSPORTATION PRICE REOPENER– Provides opportunity for transportation price reopener by Contractor and Government at each option period

• H.44 PROGRAMMATIC INTERFACE REQUIREMENTS FOR ACCESSING

CONTRACT DATA – Adds data access requirements for deliverables and API access requirements for specific set of data

Section I – Contract Clauses

• Deleted FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS

• Added FAR 52.249-9 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT)

(Applies to CLIN 1 and CLIN 2)

• Modified the following I Clauses for clarity:

• I.2 FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (JAN 2026) (PCD 26-03) ALTERNATE III (OCT 1997).

• I.4 FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)

• I.7 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR

2000)

• I.9 FAR 52.227-14 RIGHTS IN DATA – GENERAL, (MAY 2014) (DEVIATION)

ALTERNATE I, (DEC 2007) (DEVIATION) ALTERNATE II, (DEC 2007)

(DEVIATION) ALTERNATE III (DEC 2007) (DEVIATION), ALTERNATE V, (DEC

2007), AS MODIFIED PER NFS 1852.227-14 (JUN 2026) (DEVIATION) –

Removed Insight Data from Limited Rights

Section J – List of Attachments

• Deleted Attachments (2)

• J-05 Applicable Documents (Combined with J-03 for clarity)

• J-20 Letters of Commitment – (Updated to Letters of Intent in Section L)

• Modified Attachments (5)

• J-03 CLDS REQUIREMENTS, STANDARDS, AND PLANS - Revised for clarity and updated for accuracy

• J-04 AUTHORIZED LIMITED RIGHTS AND RESTRICTED RIGHTS DATA -

Clarified will become contractually binding data rights declaration by the contractor

• J-11 CERTIFICATION WORK PLAN - Significant update to Milestone entrance and success criteria for performance based FFP payments for clarity and based on industry feedback

• J-12 MISSION SERVICE WORK PLAN - Significant update to Milestone entrance and success criteria for performance based FFP payments for clarity and based on industry feedback

• J-15 GOVERNMENT FURNISHED TRANSPORTATION AND SUPPORT

SERVICES (GFTSS) – Moved requirements to the SOW and instructions to Attachment L-08 GFTSS; Updated remaining OFI fill-in Attachment only

Section K - Representations, Certifications, and Other Statements of Offerors

• K.7 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE (DEC 2007) clarified instructions.

Section L – Instructions, Conditions and Notices to Offerors or Respondents

• L.2 TYPE OF CONTRACT – Marked Reserved

• L.3 FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA. JAN 2026- Updated for clarity

• L.9 JSC 52.215-126 PERIOD COVERED BY PROCUREMENT (AUG 2018) – Updated Period of Performance

• Base Ordering Period – April 2027 (TBD), through April 2035 (TBD)

• Option 1: 4 years (April 2035 – March 2039)

• Option 2: 3 years (April 2039 – March 2042)

• L.10 FAR 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS.

(MAR 2000) – Updated to remove ALTERNATE I

• L.16 SECURITY REQUIREMENTS AND INSTRUCTIONS TO OFFERORS – Marked Reserved, no longer due with proposal

• L.17.1-1 OVERVIEW OF PROPOSAL VOLUMES, PAGE LIMITATIONS, AND FORMAT –

Updated for clarity

• Table L.17.1 Proposal Arrangement, Page Limitations, and Due Dates - Updated to increase page count in Volume I and Volume II and adjust page count restrictions on all delivered DRDs

• L.17.2 Price Factor

• Updated limit for defining team members, subcontractors and suppliers from $50M to $100M

• Removed pricing assumptions for NASA allowable crew time for assembly, outfitting and maintenance

• Updated Pricing instructions for CLIN 3 Section B.

• Significant changes to the CLIN 3 portion of the TEP, which now may utilize

GFTSS for all years for the transportation portion, or the offerors own transportation pricing, whichever is higher pricing

• Removed GFE/GFS from TEP formula as none is considered

• L.17.3.1 MS Subfactor 1 – Technical Approach - Updated for clarity

• TA.1 System Architecture - Require offerors to provide their CLDS Lifecycle approach and Letters of Intent; Clarified Launch vehicles with lower than Category 2 or 3 NLS designation may be proposed as long as plan to get to Category 3 prior to launch.

• TA.2 Certification & Engineering Approach

• Require offerors to summarize the expected scope of delta certification required for previously certified transportation vehicles and the estimated delta certification costs in their end-to-end pricing based on use of previously certified crew and cargo transportation

• Require Offerors to describe the certification approach if proposing new transportation vehicles;

• L.17.3.2 MS Subfactor – Management Approach - Updated for clarity

• MA.1 Program Management Approach

• Removed Letters of Commitment for Transportation providers

• MA.2 Commercialization and Business Approach

• Require information on investment holding liens against any Intellectual Property (IP)

• Require information related to use of third party operators to manage or operate the CLD

• Require information on partnerships or subcontract arrangements (including barters or trades)

• Clarification on combining Attachment L-07 Business Case Analysis Template and Corporate Contribution Worksheet

• MA.3 Insight Implementation – Added reference to H.44 Programmatic Interface Requirements for Accessing Contract Data

• MA.4 Work Plan – Updated to align with SOW 2.17.2 allowing offerors to propose new transportation vehicle milestones as non-payment milestones, not allocable to the contract

• L.17.3.3 MS Subfactor 3 – Small Business Utilization - Updated for clarity; removed goals moved as reference.

• L.17.4 JSC 52.215-114 Past Performance Information. (NOV 2022) - VOLUME III – Updates for clarity; updated Major Team Members, subcontractors and suppliers are to be included if they have a contract value of $100m or more in the 8-year base period; Clarified Agreements may be submitted.

• L.17.5 RESPONSIBILITY CONSIDERATIONS – VOLUME IV –

• Updated submission of Data Requirements Description (DRD) CLDC-003, Organizational Conflicts of Interest (OCI) Plan at proposal

• Added Optional submission Section –

Moved Indemnification request under Optional Added option for offerors to submit a request for NASA to consider an exception to 51 USC 50131 paragraph (b)

• L Attachments:

• Updated Attachment L-01 to update TEP calculation

• Updated Attachment L-02 Past Performance Matrix to clarify specific sections requested

• Updated Attachment L-04 Responsibilities Matrix to update to all SOW

Sections

• Updated Attachment L-05 Government Task Agreements to correct GTA POC and Data Rights markings

• Updated Attachment L-07 to combine Corporate Contribution Worksheet with the BOE Template; and make changes to the Cost Summary BOE tab, ProForma Cash Flow tab (and combining the Revenue Narrative with it, and deleting that subject tab); and making updates and reorganizing the Cost BOE Breakdown tab

• Updated Attachment L-08 Government Furnished Transportation and Support Services (GFTSS) clarifying GFTSS

• Added Attachment L-09 CLIN 1 Model Task Order

• Added Attachment L-10 Domestic Source Certification

Section M – Evaluation Factors for Award

• M.3 Price Factor – Clarified pricing will be evaluated for reasonableness; clarified information submitted in Attachment L-07 Business Case Analysis Template will support a cost realism analysis

• M.4 Mission Suitability Factor (Volume II) updated in whole for clarity

• TA.1 System Architecture – Updated to include evaluation criteria

• TA.3 Service Mission & Utilization Capabilities – Updated to include evaluation criteria

• MA.2 Commercialization & Business Approach – Clarified evaluation will include commercial commitments, including private capital and credible customer-backed commitments such as contracts, deposits, purchase commitments or letters of intent.

• MA.3 Insight Implementation – Added evaluation will include meeting H.44 Programmatic Interface Requirements for Accessing Contract Data

• SBU.1 – Updated for evaluation clarity.

• M.5 Past Performance – Updated for clarity Collaborations for Commercial Space

Capabilities-2 (CCSC-2) and Commercial Destinations Free Flyer (CDFF) agreements will be considered

• M.6 Responsibility Considerations – updated to match responsibilities instructions in section L

Summary of Changes to the Final RFP

Attachment J-01 Statement of Work (SOW)

• SOW 1.0 Introduction - Replaced demonstration with on-orbit activation, checkout, assembly and outfitting

• SOW 1.3 CLDS Requirements and Standards - Clarified Attachment J-03 changes

• SOW 1.5 NASA Utilization Capability Needs in LEO - Updated Table 1.5-1 NASA

Minimum Capability Requirements to separate return cargo from disposal

• SOW 1.8 Definitions of Crewmembers - Updated definition of U.S. Government

(USG) Crew

• SOW 1.9 Payload Specific Roles - Added for clarity definitions for deployable pressurized powered payloads as 1.9.3

• SOW 1.10 Shall, Should, Will Definitions – added a reference to “Must”

• SOW 2.0 CLDC General Requirements

• Updated Contractor responsibilities for clarity

• Updated requirements for National Security Facility Clearance Level, which is required to be completed/submitted prior to CLIN 3 start

• SOW 2.1 Program Management – Removed reference to DRD CLDC-011 Financial

Reporting Contractor Held Property

• SOW 2.1.1 Quarterly Program Review (QPR)

• Clarified NASA protection of financial data

• Clarified and updated QPR required contents

• Add section related to Transportation

• SOW 2.2 Milestone Review Process – Updates for clarity; specify days are “calendar”

• SOW 2.6 Export Control – Updates for clarity

• SOW 2.7 Information Technology – Updated for clarity

• Clarified the NASA OCIO’s Commercial IT Request (CITR) Application approval for IT products and NASAs ownership related to software licenses.

• SOW 2.8 Configuration Management – Updates for clarity

• SOW 2.10 Systems Engineering and Integration (SE&I)

• Updated Section 2.10.2 Requirements Management to clarify ability for variance requests and approval process.

• Section 2.10.6 Adjudication of Standards – Updated for clarity

• SOW 2.11 Safety and Mission Assurance – Updates for clarity on non-conformance reporting

• SOW 2.14 Mission Integration – Created new subsection for Imagery and addressed first rights of refusal concerns on late load requirements

• SOW 2.15 Utilization

• Section 2.15.2 UIP – Removed NASA Priority requirement reference

• Section 2.15.3 USG Payload and Payload Facility Interface Requirements and Testing – Clarified and added requirements for Payload interface data reviews by NASA

• Section 2.15.6 USG Payload or Payload Facility Delay – Updated requirements associated with managing payload manifest changes

• SOW 2.16 Mission Operations

• Added language for NASA participation in any decisions related to increment plan updates that impact NASA mission objectives or involve USG Crew or hardware, including but not limited to updates to operational priorities, crew timelines, crew assignments, maintenance schedules, etc.

• Updated Mission Management Team Participation

• Clarified and updated flight and ground training requirements including requiring NASA approval of non-USG crew trained below mission specialist.

• SOW 2.17: Transportation

• Expanded section and requirements to clarify transportation requirements and GFTSS.

• Clarified previously certified transportation vehicles required to be used during Minimum Buy (First 4 missions)

• Updated Transportation Certification requirements

• Clarified use of new transportation vehicles or GFTSS beyond the first four missions may be proposed but will not be guaranteed or finalized with NASA until the CLIN 2 RFTOP.

• Clarified details associated with GFTSS

• Moved Transportation Support Services from Attachment J-15 to SOW

2.17.3.1 and SOW 2.17.8

• Clarified requirements associated with Launch vehicles maturity used for element or cargo transportation.

• SOW 2.19.4 USG Furnished Crew Time – Updated use of USG Crew time for assembly, outfitting, maintenance and operational tasks

• SOW 2.20.2 Crew Commander – Updated Crew Commander First Rights of Refusal procedure

• SOW 2.22 Commercial Activity Guidance – updated requirement references

• SOW 2.23 Communications and Public Affairs – Updated scope moving most requirements to H Clause and clarified frequence and real time data transfer

• SOW 3.0 CLIN Structure –

• Removed all references to crewed demonstration and updated to Activation & Checkout

• Clarified CLIN 2 and CLIN 3 requirement details

• Updated requirements for Mission A decreasing number of crew from 4 to 3, with minimum of 2 USG Crew for all mission types

• Updated Cargo Allocations requirements

• Clarified additional services can be ordered individually or as part of a mission service order

• Clarified Optional services offered may be added via CLIN 3 RFTOP or individually.

• Clarified and added scope to CLIN 5 to include transportation and technology demonstrations/utilization

Summary of Changes to the Final RFP

Attachment J-02 Data Requirements Descriptions (DRDs)

• Deleted DRDs: (2)

• DRD: DRD-CLDC-011, Financial Reporting Contractor-Held Property

• DRD-CLDC-004, Information Technology Security Plan (ITSP)

• Modified DRDs: (39) – Updates for Type, clarity and to update DRD maintenance and data access requirements

1. DRD-CLDC-002, Commercialization Plan

2. DRD-CLDC-005 Export Control Plan

3. DRD-CLDC-008 Small Business Subcontracting Plan and Reports

4. DRD-CLDC-010 Government Property Management Plan

5. DRD-CLDC-014 Security Requirements for Unclassified IT Resources –

Updates to Cybersecurity Protection

6. DRD-CLDC-101 Systems Engineering Management Plan (SEMP)

7. DRD-CLDC-102 Verification, Validation, and Certification Plan (VVCP)

8. DRD-CLDC-103 NASA Standards and Specifications Compliance and

Tailoring Plan

9. DRD-CLDC-104 Insight and Collaboration Implementation Plan

10. DRD-CLDC-105 Integrated Performance Analysis and Integrated Testing Plan

(IPAITP)

11. DRD-CLDC-106 Verification Closure Notice

12. DRD-CLDC-108 Human Systems Integration

13. DRD-CLDC-109 Human Error Analysis

14. DRD-CLDC-111 Medical Operations Plan

15. DRD-CLDC-112 Food and Nutrition Plan

16. DRD-CLDC-114 Medical and Crew Health System Plan

17. DRD-CLDC-115 Safety & Mission Assurance (SMA) Plan - Added clarification that the Contractor’s safety review process needs to provide for joint NASA approval authority and added additional information required for Contractor’s safety plans

18. DRD-CLDC-117 Mishap Preparedness and Contingency Plan (MPCP)

19. DRD-CLDC-118 Safety Data Package – Updated content requirements

20. DRD-CLDC-121 Nonconformance Reporting - Updated the required nonconformance (NC) reporting information to include NC disposition, approval and resolution path (e.g., return, replace, rework, repair, use-as-is).

21. DRD-CLDC-124 Utilization Integration Plan (UIP)

a. DRD-CLDC-125 Payload Users Guide – Significant updates to address industry feedback and questions

22. DRD-CLDC-126 Science Data Management Plan

23. DRD-CLDC-127 Mission Systems Plan

24. DRD-CLDC-128 Operations and Training Plan

25. DRD-CLDC-129 Crew Code of Conduct

26. DRD-CLDC-133 Integrated Logistics and Maintenance Support

27. DRD-CLDC-201 Mission Integration and Operations Management Plan

28. DRD-CLDC-202 Mission Resource Allocation Document (MRAD)

29. DRD-CLDC-203 Tactical Increment Execution Report (TIER) – Updates to information required.

30. DRD-CLDC-204 Imagery Plan – Clarifications on imagery distribution requirements

31. DRD-CLDC-205 Post Increment Report (PIR)

32. DRD-CLDC-206 Visiting Vehicle Post Flight Report

33. DRD-CLDC-207 Utilization Feasibility Assessment

34. DRD-CLDC-208 Payloads Interface Requirements Document (IRD)

35. DRD-CLDC-209 Unique Payload Interface Control Document (ICD)

36. DRD-CLDC-210 Crew Specific Activities

37. DRD-CLDC-211 Destination to Visiting Vehicle (VV) Integration (DVVI)

Documentation

38. DRD-CLDC-212 Crew Accommodations Plan

Summary of Changes to the CLD-REQ-1130, Requirements and Standards for the Commercial Low-Earth Orbit Development Program o Summary of Changes from Revision C to Revision D

• Rev. D incorporates stronger crew safety for scenarios where the crew must evacuate a Destination, enhanced public safety protection for deorbit of a Destination, initial reference requirements for any CLDS architecture that may incorporate optional capabilities for extra-vehicular activity, extra-vehicular robotics, or berthing functionality, new requirements to protect Destinations from cybersecurity threats, and clarifications to the amount of power to be provided for Utilization. Key changes include:

o Added conditional EVA, External Robotics, and Berthing requirements to new Appendix P if design chooses to implement those capabilities o Clarified Destination de-orbit must be 2 FT throughout on-orbit lifetime o Clarified CVV return as a hazard control for Destination failure must be to a supported landing site o Designated CLDP-STD-1140 to be a Reference document to clarify its role as guidance for meeting the intent of design and construction standards

• Addressed more than 1,000 comments from NASA internal + industry o Added Destination De-orbit o Added Destination Safe Haven o Added & Refined RPOD requirements o Net increase of 4 new requirements o Removed CVV to Destination RF commanding o Clarified heritage launch vehicle standards o Moved CBCS requirements to new appendix as meets the intent

• Net increase of 4 new requirements:

o 2 new payload power requirements to define minimum power available to NASA payloads o 1 new cybersecurity requirement o 1 new wire derating requirement