CLPS_Q_and_A__Posting_3__8.7.18.pdf

Commercial Lunar Payload Services

Questions and Responses 95 through 123

CLPS Q and A Posting 3

August 7, 2018

95. Hosted Payloads and Domestic Source Criteria and Compliance -

We respectfully request that NASA clarify in the final CLPS solicitation documents whether there is a complete ban on the use of foreign launch vehicles to deliver NASA payloads under this program, or whether the

Exemption and hosted payload exception could apply in certain situations.

Govt Response: The Hosted payload exception is not currently being made available on the

CLPS program. No foreign launch vehicles or landers are allowed under the program. CLPS service provider and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

96. Would it be possible to also provide guidance on how the Secretary of

Transportation would find that a subsidiary “has in the past evidenced a substantial commitment to the United States market through”, and how a company considering proposal would request such a finding?

(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and

(II) significant contributions to employment in the United States;”

Govt Response: NASA does not provide guidance on other Agencies.

97. APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS (GSFC 52.227-

93) (MAR 2008) Either delete references to Rights in Data - Special Works clauses or explain when/why Special Works clause applies since data rights under Special

Works differ substantially from Rights in Data-General.

Govt Response: The GSFC clause will be removed from the final RFP.

98. Delete Limited Rights Data Or Restricted Computer Software (GSFC 52.227-90)

(Mar 2008)

Govt Response: The GSFC clause will be removed from the final RFP.

99. RIGHTS IN DATA (GSFC 52.227-99) (JUN 2012) Either delete references to

Rights in Data - Special Works clauses or explain when/why Special Works clause applies since data rights under Special Works differ substantially from Rights in

Data-General.

Govt Response: The GSFC 52.227-99 clause will be removed from the final RFP and replaced by a Rights in Data clause that reads: The default Data Rights clause under this contract is FAR 52.227-14 Rights in Data – General, with Alternates II and III as modified by

NASA FAR Supplement 1852.227-14. Any exceptions to this clause will be negotiated and agreed to by the parties and will be covered by FAR 52.227-17 Rights in Data – Special

Works as modified by NASA FAR Supplement 1852.227-17.

100. Can a US contractor buy a spacecraft bus from a foreign source?

Govt Response: The final RFP will be clarified to indicate that foreign launch vehicles or landers are not allowed under the CLPS program. CLPS service providers and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

101. The certification Statement says that a ‘United States commercial provider’ means a commercial provider organized under US law, and is “more than 50 percent owned by United States nationals.” What is the precise definition of

‘United States nationals’ in this context? I could not find a definition in the DRFP, NASA Policy directives, the FAR, or NFARs. Is the term ‘United States nationals’ limited to US citizens, or does it include green-card holders?

Govt Response: Permanent Residents (Green Card Holders) are considered US Nationals for purposes of this procurement.

102. LIMITED RIGHTS DATA OR RESTRICTED COMPUTER SOFTWARE

(GSFC 52.227-90) (MAR 2008) - (see also I.35, I.36, III.4, and the following listed in I.1: 52.227-11, 52.227-14, 52.227-17, 1852.227-72):

This is a services contract in which NASA intends to be a customer. Please consider limiting delivery of company limited/restricted rights items (Background

IP) and rely on a vibrant competitive environment to protect Government interests. Within the context of provisions dealing with Rights in Technical Data and Computer Software, we recommend these provisions at least be streamlined to limit the need for delivery of proprietary data/software to only what is needed for NASA collaboration with commercial-led missions. Provisions should not be based on a Work-For-Hire procurement scenario, but rather a commercial purchase of lunar payload services with little need for proprietary details. Protecting commercial IP is important to external investment.

Govt Response: First, the choice to deliver limited rights over data first produced under the contract rests with the contractor. Second, the Rights in Data clause (52.227-14) does not jeopardize the contractor’s existing proprietary rights and thus the contractor’s commercial IP remains uncompromised. NASA is not obtaining rights in preexisting contractor Intellectual property, even with these clauses included in the contract. The clauses would only apply to new inventions developed with the use of government funding at the government’s direction under the contract. Special Works clause (52.227-17) may be required during the course of the contract and will not be removed. GSFC 52.227-90 clause will be removed in the final RFP.

103. Delete all instances of 52.227-17 Rights in Data-Special Works. If this clause must remain, please explain when/why Special Works clause applies since data rights under Special Works differ substantially from Rights in Data-General.

Govt Response: Special Works clause (52.227-17) may be required during the course of the contract and will not be removed.

104. If a US Company is a prime, can the prime partner with a foreign source for the lander?

Govt Response: The final RFP will be clarified to indicate that foreign launch vehicles or landers are not allowed under the CLPS program. CLPS service providers and any

105. DRFP Section IV.2 (1): Does qualifying for CLPS also mean that each Task

Order would require delivery of at least 10 kg payload to the Lunar surface?

Govt Response: No, actual task orders could require delivery of either more or less than 10

kg. Offeror’s proposals will be evaluated on their ability to deliver at least 10 kg to the Lunar surface, but not all missions will be structured in that way.

106. How early can an offer for end-to-end lunar delivery services be made? Will

NASA have payload ready for a flight to the Lunar surface in 2019?

Govt Response: NASA is actively developing Lunar science payloads and intends to have a wide variety of payloads to deliver across the life of the contract. The timing for initial task orders will depend on vendor capabilities and NASA needs, however NASA expects to be ready to offer payloads as early as 2019.

107. Does purchase of launch from a non-American provider render a flight ineligible to carry hosted NASA payloads? If not, for hosted NASA payloads flying on a non-American launch provider, e.g. Arianespace, is the FAA license applicable? Would a license from the respective licensing authority be sufficient?

Govt Response: The Hosted payload exception is not currently being made available on the

CLPS program. The final RFP will be clarified to indicate that foreign launch vehicles or landers are not allowed under the program. CLPS service provider and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

108. Over the course of the CLPS program, are offerors allowed to add partners, sub-contractors or even create joint ventures while continuing to be eligible to respond to Task Orders under CLPS?

Govt Response: During the effective ordering period of the CLPS contract for task orders, the prime contractors may subcontract under the terms of the contract and provide bids that include eligible subcontractors/partners. During the performance of the CLPS contract a JV may be established however, the JV entity would have to on-ramp onto CLPS to be an eligible prime CLPS contractor. If a CLPS prime contractor changes its business status to a JV during the contract effective ordering period, then a novation would have to be processed before being eligible to bid on task orders as a JV.

109. Does the CLPS contract preclude any direct-to-scientist/institute interaction and payload delivery services that may have partial NASA funding, but not through

CLPS? Especially for those payloads that are mostly self-funded from within the

USA.

Govt Response No, there is not anything in the contract to preclude them from directly interacting with those payload developers.

110. Are there any exclusions on flying non-American commercial and government payloads along with NASA payloads?

Govt Response: No.

111. SOW Section 5, Title: "Purchase of Payload Data and Functions", Is CLPS the only mechanism under which NASA would purchase mission data?

Govt Response: No.

112. Are there limitations or restrictions on how many elements of the service are offered through re-selling capacity? For example resale of one or more of: launch vehicle capacity, ground station services, Lander, Orbiter, Rover etc. Are there sourcing restrictions on such capacity from non-American entities?

Govt Response: Yes, there are sourcing restrictions. CLPS service provider and any

113. Are there any limitations on the maximum dollar amount for a subcontract with an international sub-contractor?

Govt Response: Yes, there are limitations. CLPS service provider and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

114. Is the timeline for the first demonstration mission same as that mentioned to be considered for the Reference Mission (end of 2021)? Would the LCOTS program be affected if a flight under CLPS does not occur before a specific deadline?

Govt Response: The reference mission defined in each proposal is only for the purposes of evaluating each vendor’s capability to meet the technical standards, however it is expected that the vendor will plan to fly at least one mission before the end of 2021. The timing of the first demonstration mission will be established by availability of vendor systems. There is no relationship between CLPS and the LCOTS program.

115. Is it permissible for a Prime offeror to get into a subcontract with an international partner, where the international partner owns the design of the vehicle

(including landers, orbiters and rovers)?

Govt Response: CLPS service providers and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

116. DRPF section I.28 talks about requirements of US Government payloads to be launched on vehicles manufactured in US. Does this apply to only the launch vehicle or other transportation vehicles like landers, orbiter, rovers etc offered by the Prime offeror?

set forth in the solicitation. The DRFP clause I.28 Domestic Sourcing has been rewritten for clarity in the final CLPS RFP.

117. Is there a requirement for the transportation vehicle (landers, orbiters, rovers etc) to be a US owned / its IP held in US?

118. Are there any restrictions on buying foreign components for the vehicle

(landers, orbiters, rovers etc)?

Govt Response: Yes, the CLPS service provider and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

119. Is there a limitation on the amount of design/ work that can be outsourced to a domestic or foreign subcontractor?

The Q and As above were submitted in regards to the CLPS DRFP and Industry Day.

The RFP is anticipated to be posted mid-late August 2018, with proposals due in mid-late

September.

During the posting of the final RFP a period will be allowed for additional questions to be submitted.

Govt Response: CLPS service providers and any manufacturer of space transportation

120. Can the domestic or foreign subcontractor own the design/IP of the work outsourced to them?

Govt Response CLPS service providers and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.

121. Is the NASA Lunar Surface Cargo Transport Services RFI merged with NASA

CLPS?

Govt Response: No, they are two separate requirements.

122. Is the NASA Lunar Surface Transport Capability RFI merged with NASA

CLPS?

Govt Response: No, they are two separate requirements.

123. As a U.S. Company that is a wholly owned subsidiary of a Japanese company with most of the ownership of the company is Japanese. The U.S. Company wants to be prime and will have other U.S. partners. It will launch on U.S. launch vehicles and have other procurements from U.S. companies the question is if that is possible and under what conditions, if any can this company be a prime on CLPS?

Govt Response: CLPS requirement is limited to domestic sources. A Japanese owned company operating as a subsidiary in the US is not an eligible source. CLPS service providers and any manufacturer of space transportation vehicles to perform CLPS must remain in compliance with our domestic source limitations as set forth in the solicitation.