2023-06-27 Fair Opportunity Exception Justification Blue-Origin (003).pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Armstrong Flight Research Center (AFRC)

Justification for an Exception to Fair Opportunity

This is a Justification for an Exception to Fair Opportunity prepared by the National Aeronautics and Space Administration (NASA) Armstrong Flight Research Center.

Description of the action being approved: This justification documents the basis for issuing an order under the Flight and Payload Integration Services Multiple Award IDIQ 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 task order, for data analysis to understand the top safety risks and the quality of the Blue Origin Profile 1 Qualified Vehicle (QV) family and the rationale used by Blue Origin for approval for human flight. The total estimated price of the proposed order is and the estimated period of performance is four months from task order award date.

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(A). The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

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.

FAR 16.505(b)(2)(i)(D). It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E). For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F). In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

FAR 16.505(b)(2)(i)(G). For DoD, NASA, and the Coast Guard, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302

(10 U.S.C. 2304 (c)). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 2304(c)(7).

Supporting Rationale including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited.:

The original task order, awarded to Blue Origin Texas, LLC 35961 State Hwy 54 Van Horn Texas 79855 (80AFRC21F0138), was issued on 7/13/2021 on a competitive basis under IDIQ contract 80AFRC18D0012. This task order required data about the Blue Origin New Shepard vehicle for Profile 1 to help the NASA Commercial Crew Program (CCP) to develop an evaluation process for a potential future procurement of seats on an end-to-end crewed commercial suborbital reusable launch vehicle reaching approximately 80km with sustained microgravity of no less than approximately one minute. This follow-on task order will be issued under IDIQ 80AFRC18D0012 to further evaluate information requested by NASA engineering and safety to inform the safety case process.

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

The contracting officer will verify that the proposed non-standard services labor costs are reasonable and align with the negotiated rates on the base contract for calendar year (CY) 2023. If the contract did not establish the prices for the supplies or services proposed, the contracting officer will establish prices for this order using the policies and methods in FAR subpart 15.4.

Other Facts Supporting the Justification:

On the current IDIQ, only three companies are capable of meeting P1 flight profile: UP Aerospace, Virgin Galactic, and Blue Origin. Virgin Galactic and Blue Origin both bid and were awarded task orders on a competitive basis for the original task orders under IDIQs 80AFRC21D0003 and 80AFRC18D0012, respectively. This requirement is specifically for follow-on services regarding the design associated with Blue Origin.

A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

The CO anticipates there will be future requirements similar to this for subsequent acquisitions for the same services that other IDIQ contractors will be able to provide under the multiple-awards for the Flight Opportunities Program. In addition to the current contracts, there will “on ramp” opportunities to add future contractors who can provide a QV responsive the program’s requirements.

Flight Opportunities Program: Flight and Payload Integration Services Multiple Award IDIQ

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

SIGNATURE PAGE

I certify that the requirements and technical data contained herein, and which form a basis for this justification are complete and accurate.

Ryan Dibley Technical Representative

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the information provided in this justification, and as the approving official, I have determined that the exception at FAR 16.505(b)(2)(i)(C) applies to the order.

Melissa Newell Contracting Officer