QuestionsFromIndustry_24Oct2023.pdf

80AFRC23R0001

# Question Answer

Q1 What is NASA's definition of Crew? Flight provider crew members are employees or subcontractors of the flight provider company who are on board the space system during the mission and have been trained to monitor, operate, and control parts of, or the whole space system. A Government Suborbital Research

Specialist is an individual who is carried within a commercial suborbital vehicle/QV/QVF, who is employed by the

Government or contracted by the Government to conduct research, technology testing, training or other activities onboard the vehicle. This excludes those individuals who are the commercially employed crew of the suborbital vehicle.

Q2 Will this presentation be sent out? The industry day presentation was posted to SAM.gov via amendment P00007 to the solicitation.

Q3 Please clarify the definition of a Government

Suborbital Research Specialist, is this a Space

Flight Participant (SFP) as defined by the FAA, selected by the Government, or a government

Astronaut?

A Government Suborbital Research Specialist is an individual who is carried within a commercial suborbital vehicle/QV/QVF, who is employed by the Government or contracted by the Government to conduct research, technology testing, training or other activities onboard the vehicle. This excludes those individuals who are the commercially employed crew of the suborbital vehicle as well as those flying with funding provided by a NASA grant.

Although the specific designation for these flyers has not been made (e.g., Government Astronaut), NASA has a safety responsibility for a Government Suborbital Research

Specialist and as such, they would not be flown under the

Space Flight Participant (SFP) informed consent as currently defined by the FAA.

Q4 What is the definition of NASA personnel ‐‐ is this the selected Payload Provider, SFP, government Astronaut or government employee?

For the purposes of this PWS, NASA personnel are U.S.

Government Civil Servants, Special Government Employees, Government Employees on Intergovernment Personnel Act

(IPA) assignment, employees of Federally Funded Research and Development Centers (FFRDCs), personnel contracted to provide direct support services to the Government, or other similar arrangements. This does not include those individuals who are the commercially employed by the contractor or their subcontractors.

Q5 Given the exemption in FAR 52.219‐9, are small business flight providers required to provide a small business subcontracting plan as part of the technical volume?

No. Small business concerns are not required to provide a subcontracting plan.

Q6 Under PWS 5.6.1, it appears as if contractors are opened up to unlimited liability. Please clarify how 5.6.1 does not open contractors up to unlimited liability when it captures activities for "any of the following associated with any work performed under this Contract"?

PWS Section 5.6.1 is revised to:

“The Contractor shall provide written notification to the contracting officer, or designee, any of the following associated with any work performed by the Contractor, or subcontractors as applicable, under this Contract:”

Section 5.6.1 is standard NASA practice that has been altered for the purpose of this requirement to narrow its applicability only to the elements included in 5.6.1.1 and

5.6.1.2. The intent is that NASA is notified and made aware

of these types of close calls and/or mishaps involving NASA personnel. Section 5.6.1 does not pertain to liability.

Q7 Please define and provide a list of NASA Safety

Objectives and the criteria in which the

Contractor must demonstrate they have met.

As stated in Section 5.4.1. of the PWS, NASA Safety

Objectives, "Task Orders that include Government

Suborbital Research Specialists will be limited to those providers that have demonstrated that they meet all NASA

Safety Objectives as determined by the NASA Suborbital

Crew Program and have received written approval from

NASA that they are eligible to fly Government Suborbital

Research Specialists."

These criteria will be defined as part of the independent

Suborbital Crew safety case process, as necessary.

Q8 (More a comment than a question) I think the point of the question is whether the government suborbital researcher is a

"Government Astronaut" under 51 USC. This is a formally defined term within the commercial human spaceflight regime and was established to provide NASA an alternative to the space flight participant regime under the CSLA.

See Question 3

Q9 For PWS 5.4.1, is "written approval" provided for the Contractor, QV or for each SFP?

Written approval for contractors and vehicles that are qualified to carry Government Suborbital Research

Specialists will be provided as part of the SubC safety case process.

Q10 Re: PWS 5.6, contractors operate under an

FAA license and it includes defined terminology, what is NASA’s definition of a mishap? or a close call?

The contractual reporting and investigation responsibility outlined in Section 5.6 in the PWS is separate from any statutory requirement that the Contractor may be subject to, such as a FAA or NTSB investigation.

For the purpose of this RFP, a NASA Mishap is a fatality involving NASA personnel or nonfatal OSHA‐recordable occupational injury or illness to NASA personnel. A Close

Call is any condition or event that may have the potential for more serious safety consequences.

Q11 Although we understand the PUG is not required with submission, is it acceptable to provide one as a proposal attachment, and if so can you confirm that this would not be counted towards the page limit?

The offeror may provide a PUG as a proposal attachment.

The PUG is excluded from the page count as listed in RFP

Provision NFS 1852.215‐81 PROPOSAL PAGE LIMITATIONS

(APR 2015).

Q12 Will today's briefing slides, list of attendees, and answers to questions from this Industry

Day be posted to SAM.gov by the end of this week?

The industry day presentation was posted to SAM.gov via amendment P00007 to the solicitation. Answers to questions will be uploaded via an amendment on or before

10/25.

Q13 What is NASA’s definition of Crew?

Crew as defined by the FAA is any (Contractor) employee or independent contractor of a licensee who performs activities directly relating to the launch or reentry of a commercial human spaceflight mission whether onboard the vehicle or on the ground, therefore should ‘crew’ be changed to

Space Flight Participant (SFP) or Government

Astronaut?

See Q1

Q14 As defined in 51 U.S. Code Chapter 509 ‐

Commercial Space Launch Activities, please confirm NASA designated Government

Suborbital Research Specialist is either a Space

Flight Participant (SFP) (not employed by the government) or Government Astronaut

(government employee)?

See Q3

Q15 Define and provide a list of NASA Safety

Objectives and the criteria in which the

Contractor must demonstrate they have met.

See Q7

Q16 Is "written approval" provided for the

Contractor, QV or for each SFP, and when is it provided?

See Q9

Q17 What criteria is NASA using to require a

Contractor to conduct an investigation when the FAA has deemed it not to be a requirement?

See Q10

Q18 Under PWS 5.6.1, it appears as if contractors are opened up to unlimited liability. Please clarify how 5.6.1 does not open contractors up to unlimited liability when it captures activities for "any of the following associated with 'any work' performed under this Contract"?

What is the definition of NASA personnel (if not a Payload Provider, SFP or Government

Astronaut)?

See Q4 and Q6

Q19 The PWS 5.6.1 requirement appears to be the same requirement leveled against NASA

Commercial Crew Providers, but for which

NASA pays the contractor to implement this requirement. IDIQ4 appears to be forcing contractors to implement this Commercial

Crew Program requirement as an unfunded mandate. Is that true? If so, why is NASA pushing for mostly small businesses to shoulder the burden of an unfunded mandate that they currently provide large, well‐funded

Commercial Crew providers to implement?

See Q6

Q20 Provide NASA's definition of a mishap or close call?

See Q10

Q21 Payload Providers are responsible to evaluate and determine export control classification of the payload, please update the solicitation to replace the word 'Contractor' with 'Payload

Provider' in obtaining an export license?

To prevent any conflicts, the Contractor shall promptly evaluate, identify, and notify the

Government of any potential ITAR/Export

Control issues in relation to onboard experiments and/or Suborbital Research

Specialists. Unless otherwise specified in the

Task Order, the Contractor Payload Provider shall obtain any required export licenses.

Under all circumstances the Contractor

Payload Provider shall comply with the

ITAR/Export Control process and provide any required data in timely manner to support export licensing to the Contractor.

PWS Section 5.7 has been revised to:

To prevent any conflicts, the Contractor shall promptly evaluate, identify, and notify the Government of any potential ITAR/Export Control issues in relation to onboard experiments and/or Suborbital Research Specialists. Unless otherwise specified in the Task Order, the Government shall obtain any required export licenses for the payload. Under all circumstances the Contractor shall comply with the

ITAR/Export Control process and provide any required data in timely manner to support export licensing.

Q22 Please confirm Payload Providers and SFPs will be required to complete an NDA, to which all publications would require Contractors consent in writing.

The solicitation and resultant contract contain NFS 1852.237‐

72 Access to Sensitive Information and NFS 1852.237‐73

Release of Sensitive Information as measures to safeguard sensitive information. Additionally, it is standard NASA practice to provide public releases to commercial and academic partners for review prior to publication.

Q23 Some Payload Users Guides are in development, should the thirty (30) days after contract award be changed to XX days after task order acceptance?

For each QV or QV family, the Contractor shall submit to the

Government a Payload User Guide (PUG; see definition in

PWS Section 10) for review and approval by the

Government no later than thirty (30) days after contract award and upon any updates/revisions to the PUG.

The PUG incorporated via contract modification into Section

D of the contract, will flow down to the task orders.

Q24 Please explain the rationale to make a contractors PUG publicly available? Availability of a controlled document is at the contractors discretion. Request alternative language to

PUG availability.

See example of RFP language:

In addition, the Contractor shall provide a

Defense Office of Prepublication and Security

Review (DOPSR) publicly releasable PUG to the

Payload Provider or SFP general public via the

Contractor’s website, email or SFT.

Teams developing payloads require basic PUG information.

NASA understands that some information in a provider's

PUG may have distribution limitations or be considered proprietary to a Contractor. However, having some level of

PUG information publicly available on the Contractor's website ensures a common distribution method that is fair to all Contractors.

Q25 Final flight approval is provided at the defined

Payload Data Package (PDP) review, where the payload is reviewed against the Contractors requirements, therefore requesting that the

RFP be updated to allow the Contractor to identify the appropriate milestone to make the final determination.

Note: Payload Readiness Review is largely a logistical discussion, not intended for final determination to fly.

NASA requires insight to assess the level of risk related to mission success. PWS Section 7.2.3. provides information regarding Payload Readiness Reviews that are important to the government. If the contractor has a milestone in their process that they feel more appropriately addresses these elements (i.e., something other than what the contractor refers to as a payload readiness review), they may propose this milestone to meet the requirements of PWS 7.2.3 as part of their Mission Implementation Document (MID) as part of the Task Order process

Q26 Please confirm NASA will support the regulatory requirements of the Contractor and aide when necessary to fly NASA selected payloads or Government Suborbital Research

Specialist.

In support of analysis, regulatory approvals, and the overall flight activity, NASA will provide information and documentation that is identified in the Contractor's Mission

Implementation Document (MID) and agreed to as part of the Task Order.

Q27 Request the following change: The Contractor may shall perform on a case by case bases necessary modifications or additions to payload slots, interfaces, or seats to accommodate unique payload or Suborbital

Research Specialist requirements, within the general capabilities of the QV but not within the definition of a Standard Flight Payload Slot or Seat . There are some NSS that are frequently requested (termed “common”) and others that are infrequent or unusual in nature (termed “uncommon”). Uncommon

NSS cannot be anticipated prior to assignment of payloads or Suborbital Research Specialists.

The requirements for NSS shall be further delineated by the MRD/MID process.

PWS Section 8.2 is revised to:

"If agreed to under a Task Order, the Contractor shall perform necessary modifications or additions to payload slots, interfaces, or seats to accommodate unique payload or Suborbital Research Specialist requirements, within the general capabilities of the QV but not within the definition of a Standard Flight Payload Slot or Seat... "

Q28 Please confirm NASA will identify in advance at time of request for quote if the Task Order award will be subject to NFS 1852.232‐77

Limitation of Funds.

The task order solicitation will identify if NFS 1852.232‐77

Limitation of Funds will be included in the resultant task order.