SSPEDI_SpS_QandA_Vol4_20DEC2017.pdf

80ARC018R0007 December 20, 2017

Small Spacecraft Prototyping Engineering Development & Integration (SSPEDI) Space Solutions (SpS)

Questions and Answers, 20 December 2017

This document contains answers to questions regarding the SSPEDI SpS procurement that were received after the November 3, 2017 release of the final Request for Proposals (RFP).

Request for Proposals (RFP)

1. Q: RE: ARC 52.209-99 ORGANIZATIONAL CONFLICTS OF INTEREST, AND

LIMITATION OF FUTURE CONTRACTING (JUL 2016)

Paragraph (f) The overall goals and scope of the Statements of Work include developing an open and modular architecture. These goals and scope require a broad sharing of data among multiple contractors. This data sharing supports an evolving and growing hardware and software architecture which will be procured from multiple contractors. The data developed in the early task orders by the contractors will be the basis upon which future task orders will evolve.

Therefore, data right assertions will be carefully reviewed and will be factored into proposal evaluation. Further, each contractor agrees that the Government and its contractors are authorized to use any data accepted by the Government with assertions of Limited Rights Data/Restricted Computer Software for purposes of manufacture associated ultimately with a capability of launching space vehicles/satellites embodying such architecture.

1. Is the data to be shared with other contractors limited to "form, fit, and function" data and "segregation and reintegration data," or may all delivered Limited or Restricted Rights data be shared with the Government's contractors?

2. Does this requirement only apply to Limited or Restricted Rights data relevant the manufacture of the launch vehicle and interface, or may all delivered Limited or Restricted Rights data be shared with the Government’s contractors?

3. Does this requirement only apply to “space vehicles/satellites” developed under the contract or any task orders, or may delivered Limited or Restricted Rights data be used by the Government or other contractors on other programs?

4. What safeguards would be put in place to ensure such data is only used in support of this program? Will the Government permit and facilitate direct NDA agreements between its contractors who receive such Limited or Restricted Rights data?

A: ARC 52.209-99 ORGANIZATIONAL CONFLICTS OF INTEREST AND

LIMITATION OF FUTURE CONTRACTING (JUL 2016) is revised via Amendment P00003 and replaced with the version from the draft RFP with Paragraph (c)(2) removed, as it is not relevant to SpS.

All Limited Rights Data or Restricted Computer Software delivered to the Government in accordance with FAR 52.227-14 may be used in the manner outlined in FAR 52.227-14, including Alts II and III (as amended on P00003).

Such uses may include use by support service contractors and by other

80ARC018R0007 Solicitation Questions and Answers December 20, 2017 contractors participating in the Government’s program of which the specific contract is a part.

As required by FAR 27.404-2(c), any disclosure by the Government shall (at a minimum) be subject to prohibition against further use and disclosure by the recipient. Depending on the recipient, more specific safeguards may be in place to address concerns about conflicts of interest or as otherwise set forth in the relevant contract.

2. Q: The solicitation defines Major subcontractors as subcontract dollars of $2million or more. Does his definition apply to Commercial Items defined in FAR 12?

A: Yes, the definition of major subcontractor is applicable to all subcontracts of $2M or more.

3. Q: Page L-24, A Introduction and how it applies to requirement on page L-34, Exhibit 8 Schedule of Subcontracts.

The NASA’s RFP states the Prime’s proposal submission is exempt from certification of cost and pricing data (page L-24), however, the pricing instructions require the Prime to include a proposal cover sheet in the Cost Volume. Please confirm that certified cost or pricing data is not required to be submitted by the Prime nor a proposal coversheet in the Cost Volume.

A: As stated in clause 52.215-20, Certified Cost or Pricing Data is not required to be submitted. The Proposal Cover Sheet (Form JA038), or a cover sheet with similar information, as described on page L-24 in A. Introduction and page L-27 in C. Cost/Price Proposal Organization, is required for submission as indicated in the instructions. The JA038 form indicates in the block to the left of Block 1 that Cost or Pricing Data is not required.

4. Q: Confirm single source subcontractors with a value of $2M or more are required to submit a Cost Volume with the same level of detail as the prime, including the required cost formats.

Also confirm that competitive subcontractor proposals with a value of $2M or more are not required to submit a proposal at the same level of detail as the prime.

A: All major subcontractors are required to provide the data as indicated in Cost/Price Volume instructions, including the required cost formats. The extent of competition of the proposed subcontract does not inform the level of detail of cost/price data to be submitted with the proposal.

5. Q: Confirm a Price/Cost Analysis is required to be performed on single source subcontractor proposals with a value of $750K or more.

A: As stated in the instructions for Exhibit 8, FAR 15.404-3(b) requires that contractors conduct appropriate cost or price analyses to establish the reasonableness of proposed subcontract prices and include the results of these analyses in the price proposal. This requirement does not have a dollar threshold and is required for all proposed subcontracts.

6. Q: Can you provide additional insight into how the performance incentive would be administered? After delivery of the Space Vehicle and the performance level has been evaluated, would a modification be received to adjust the fixed fee under 1852.216-74 for CLIN 0001 or would the performance incentive be allocated to a new CLIN? If the performance incentive is earned and a modification has been processed, if needed, would the performance incentive be payable immediately with receipt of an invoice?

A: Model Task Order 2 is amended via P00003 to revise T.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED to include CLIN 0005 – Space Vehicle:

Performance Incentive and revise 1852.216-74 ESTIMATED COST AND FIXED FEE to include the maximum incentive values. It is anticipated that if a positive incentive is earned a modification will be issued to update CLIN 0005 to reflect the earned incentive. After the modification is issued, the Contractor will account for it in their next monthly 533 and then submit an invoice for the earned amount. Payment will be made in accordance with the contract’s payment procedures.

Updates and Clarifications to Previously Released Answers

The following answers are updates and clarifications to questions answered previously on 29 Nov 2017 and 7 Dec 2017. The answers here supersede those previously released.

7. Q: Question #5 in the Q&A that was released on 29 Nov 2017 stated:

“The RFP indicates that proposal font shall be no smaller than 10-point font for diagrams, charts, tables, and photographs.” This information was not fully reflected in the final RFP, which excludes tables from the 10 point font allowance.

A: The final RFP and the response in the 7 December 2017 Q&A Volume 3 are correct, i.e., tables are not included in the list of items where 10-point-font is acceptable. The response to Question #5 in the Q&A Volume 2 posted 29 November 2017 was incorrect and it is now superseded by the answer in the Q&A Volume 3 posted on 7 December and the Final RFP document.

8. Q: Question #44 in the Q&A that was released on 7 Dec 2017 stated:

Data Downlink and Delivery of the Weather Ground system: Can the equipment associated with the Government architecture for the data downlink and delivery (McMurdo Gnd Stn, NSOF, and 557th WW) be assumed to be used cost free?

A: It is the offerors responsibility to determine the cost, if any, for the use of existing Government data downlink and delivery architecture. This is now reflected in the Cost/Price volume of the RFP in Section L.3(c)A.(6) as amended with P00003.

As stated in the ORS-8 Space Segment SOW (3.4.4.2) offerors may include use of the existing Government data downlink and delivery architecture, however, it is up to the offeror to determine if the existing architecture is usable for the offeror’s solution.

9. Q: Question #55 in the Q&A that was released on 7 Dec 2017 stated:

Is communications from ground stations to data processing facilities included in the baseline Government architecture?

A: The existing Government data downlink and delivery architecture includes communication links, however, it is up to the offeror to determine if the existing system is sufficient for their proposed architecture. The term “baseline” has been removed from the description of the existing Government architecture in the ORS-8 Space Segment SOW, since it was not the Government’s intent to suggest that all or part of the existing Government architecture should or must be part of the offeror’s solution. Also see the answer to Question #8 and the ORS-8 Space Segment SOW Section 3.4.4.2.

10. Q: Question #56 in the Q&A that was released on 7 Dec 2017 stated:

Are sites used with NOAA JPSS - sites at Svalbard and Troll in Antarctica -included in the baseline Government architecture?

A: The sites at Svalbard and Troll in Antarctica are part of the existing Government data downlink and delivery architecture. It is up to the offeror to determine if the existing architecture is usable for the offeror’s solution. It is the offerors responsibility to determine the cost, if any, for the use of existing Government data downlink and delivery architecture.

The period for submitting questions related to the RFP has closed. The Government does not anticipate issuing another Q&A document for this RFP.