80GSFC24PA008_JOFOC_2023-11-21_FE.pdf

Rev.:4/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

GODDARD SPACE FLIGHT CENTER (GSFC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Commercial Light Detection and Ranging (LIDAR) Sensor for On Orbit Servicing, Assembly, and Manufacturing (OSAM-1) Mission

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by

National Aeronautics and Space Administration (NASA) Goddard Space Flight Center

(GSFC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is GSFC (Greenbelt, MD).

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to award a sole-source contract to Jena-Optronik for a spaceflight qualified commercial Light Detection and Ranging (LIDAR) including integration and testing auxiliary equipment to support the On-orbit Servicing, Assembly, and Manufacturing (OSAM-1) mission. NASA GSFC is involved in a space-based robotic capture, repair, and refueling technology demonstration mission that requires a sensor that can measure range.

NASA GSFC is currently developing hardware for OSAM-1 to capture and refuel an existing satellite. The OSAM-1 Launch Readiness Date (LRD) is February 2026 and the mission will involve going to low Earth orbit to rendezvous, grapple and dock with an Earth observing satellite (Landsat 7) that has been in orbit since 1999.

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the

Agency’s needs (including the estimated value):

To successfully conduct its mission objective, the OSAM-1 project requires a commercial LIDAR that meets the OSAM-1 requirement for range measurements of the satellite to be captured; is based on a technology previously developed and proven to be successful on-orbit (i.e., Technology Readiness Level of 9); is compatible with the current OSAM-1 electrical, mechanical, and communications architecture; is able to be fabricated and delivered within 18 months of award.

Specifically, NASA GSFC proposes to acquire a commercial Flight Model unit, an Engineering Development Unit (EDU), auxiliary equipment needed for development, test, and integration of the flight model (i.e., emulator software, ground support equipment for the flight unit, and a model validation test of an EDU with flight representative material). In addition, option deliverables include an additional commercial Flight Model unit, support of the OSAM-1 system test campaign, and the design & verification of an image processing approach that will produce range, bearing, and 6 degree-of-freedom pose for OSAM-1.

The commercial LIDAR provided by Jena-Optronik is the only LIDAR capable of being integrated without significantly modifying the supporting electrical, mechanical, and communication interfaces that already exist on OSAM-1 and is compatible with current project architecture and need date. The proposed contract is anticipated to be awarded February 2024 with the delivery of the commercial LIDAR due 18 months after the contract award date. The value of this acquisition is approximately $6.9M.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition for acquisitions using the procedures in FAR subpart 13.5 is 41 U.S.C. 1901.

5. FAR 6.303-2(b)(5) – A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The rationale supporting the use of 41 U.S.C. 1901 is as described below.

The Jena-Optronik commercial LIDAR RVS3000-X sensor is the only sensor that satisfies NASA’s need, as this sensor meets OSAM-1requirement for range measurements of the satellite to be captured between 1.5 m and 250 m, has been demonstrated to meet the range requirements on orbit and on a mock-up of the OSAM-1 client during a ground-based test campaign; is compatible with the current OSAM-1 electrical, mechanical, and communications architecture and is based on a technology that has been previously developed and proven to be successful on-orbit. In addition to having been flown commercially, the Jena-Optronik commercial LIDAR RVS3000-X has flown successfully on other Earth orbit missions and is designed for rendezvous and docking to the International Space Station (ISS). It is the only sensor that both meets the aforementioned requirements and is reasonably able to be assembled, tested & delivered within 18 months of award.

Jena-Optronik commercial LIDAR sensor is able to track the client at the distances needed and with the required accuracy. Both the proven on-orbit performance of Jena-Optronik’s Flight Model “RVS3000-X with 5mm, SpW, and IPB” units, and the early availability of an existing EDU for system-level development support the current need date of the OSAM-1 project. Any delay on the need date would result in an unacceptable delay to the OSAM-1 project. The potential implications of missing the need date range from significant added costs and risks to mission cancellation. To put the cost impacts of a delay in perspective, average delays late in the integration schedule and at the launch site can cost the agency hundreds of thousands of dollars per day.

Sources with similar products are not able to meet OSAM-1 critical 18-month delivery schedule. LIDAR sensors from other suppliers that can be delivered within the needed timeframe would require modifications to a previous design, thus negating any proven spaceflight heritage of a proposed design.

6. FAR 6.303-2(b)(6) – A description of the efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

A notice to the Government Point of Entry (GPE) website (Sam.gov) was published on October 30, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract to Jena-Optronik. The results of this synopsis are summarized in Section 10 below.

7. FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable.

Since certified cost or pricing data is not required for commercial items in accordance with FAR 15.403-1(b)(3), data other than certified cost or pricing data will be used as necessary to establish a fair and reasonable price. Strategically, this will include utilizing data related to prices (e.g., established catalog or market prices, sales to non-governmental and governmental entities), relying first on data available within the Government; second, on data obtained from sources other than the offeror; and, if necessary, on data obtained from the offeror. Cost data may be used if necessary.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted:

Market research was conducted via a Request for Information (RFI). On August 14, 2023, NASA GSFC issued a RFI seeking industry responses for a commercial LIDAR sensor. Five interested parties responded and detailed various products but only one source responded with a commercial product that would require no modification to the flight design in order to meet NASA’s requirements.

Jena-Optronik (i.e., Jena-Optronik’s Flight Model “RVS3000-X with 5mm, SpW, and IPB” units), was the only interested source and/or product that could deliver a commercial LIDAR sensor for the OSAM-1 project that meets NASA’s need. Jena-Optronik has demonstrated its capabilities, and it has successfully demonstrated that its unit could track the client spacecraft at the required distances and with the accuracy required.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

None

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

A notice of NASA’s intent to award this sole-source action was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). The synopsis was posted on October 30, 2023, and the 15-day synopsis period for responses closed on November 14, 2023. No companies responded to the synopsis.

11. FAR 6.303-2(b)(11) – A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.

Raymond Rubilotta

Digitally signed by Raymond Rubilotta Date: 2023.11.21 14:54:42 -05'00'