CSDA FRFP Q-A.pdf

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Attached to
Commercial SmallSat Data Acquisition (CSDA) Program, Final RFP Federal contract opportunity
Solicitation number
80HQTR23R0007
Issued by
National Aeronautics and Space Administration Headquarters

About this file

This solicitation requests proposals for the Commercial SmallSat Data Acquisition Program. NASA seeks to acquire earth observation data and related services from commercial sources to support its Earth science research and application activities. Awards will be made as multiple-award IDIQ contracts with firm fixed price task orders and a five year ordering period. Contractors must adhere to NASA's government-defined end user license agreements, which establish license tiers for scientific non-commercial use and are non-negotiable. The solicitation is a full and open competition under NAICS code 541990 with a $19.5 million small business size standard. Proposals are due by specified dates with evaluation and contract awards to follow.

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Other files for this federal contract opportunity

Other files attached to Commercial SmallSat Data Acquisition (CSDA) Program, Final RFP, newest first.
File Type Posted
Amend 002 - Enclosure 1_ITSMP_Template._Rev2.pdf PDF
80HQTR23R0007_CSDA FRFP_Amend 002_Conformed Solicitation.pdf PDF
80HQTR23R00007_Amendment 002_Exe.pdf PDF
Amend 002 - Attachment B_EULA_Rev1.pdf PDF
Amend 002 - Attachment H_IT Sec Applicable Doc List_Rev1.pdf PDF
Amend 002 - Enclosure 1_ITSMP_Template._Rev1.pdf PDF
80HQTR23R0007_Amendment 001.pdf PDF
Attachment C_Catalog_Cover Page.pdf PDF
Attachment G_DEIA Plan Cover Pg.pdf PDF
Attachment E_ITSMP_Cover Page.pdf PDF
Attachment H_IT Sec Applicable Doc List.pdf PDF
Attachment I_2003 CRSP.pdf PDF
80HQTR23R0007_FRFP Cover Ltr.pdf PDF
Attachment D_Price List Template.pdf PDF
Attachment F_CDRL.pdf PDF
Enclosure 1_ITSMP_Template.pdf PDF
80HQTR23R0007_CSDA FRFP.pdf PDF
Attachment A_SOW.pdf PDF
Attachment B_EULA.pdf PDF
Enclosure 2_TO Sample.pdf PDF
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CSDA - Final RFP Industry Questions

No. RFP Reference Requirement Question Government Response RFP Change?

1 ITSMP ITSMP

Please clarify the due date for the ITSMP as the FRFP, Section I 12 states it is to be submitted with the proposal and Attachment H which states it is due within 30 days after contract effective date Vendor prefers to align with the Attachment H due date

ITSMP is required with the proposal, Attachment H will be modified accordingly Yes

2 ITSMP ITSMP Please advise if the ITSMP template is available as a word doc or a executable /fillable pdf for ease in filling out etc An editable version of the ITSMP template will be provided Yes

3 RFP 3 b 1, page 57 The offeror shall include a table with all the metadata fields

[vendor] will be proposing [redacted] The list of metadata alone will take up [a significant number] of the allotted 20 pages Please advise if the total page count could be extended to account for these added pages and/or should we put the metadata tables in a separate document?

Per RFP III 8 (b), the Comprehensvie Digital Catalog (area of the metadata requirement) required under the Techncial Volume (III 11 item

3) is excluded from the page count Both the catalog and the metadata required under item III 11 3b are excluded

No

4 Volume Offer Page 58

Does NASA want the Offerors to add a column (next to base price) reflecting the min km2 x unit price ($/km2) per satellite/sensor to represent the smallest form of deliverable data? While this would represent the min for archive and min for tasking, each constellation has a different minimum and we wanted to be sure we represent it correctly NASA can request any number of km2 above these minimum to correspond with their project/needs etc -

Vendors can tailor the Price List table as needed The Price List Template is provided for guidance purposes The vendor shall include columns that are in accordance with the instructions specified in the Pricing Volume and products offered

No

5 Attachment B - EULA Public Release - 5 – Data first produced by NASA …“DATA” is not defined under Should a definition be added since this was capitalized?

Each EULA paragraph 5 contains "DATA" which is in all caps to differentiate that this data is that first produced by or originating from

NASA or the U S Government (''NASA DATA") versus vendor provided data

No

6 Attachment B - EULA Public release- Limited Warranty:

6 a The Licensor disclaims all other warranties of any kind, whether express or implied, relating to the product, Should product be replaced with Licensed Material ? (as done in the USG Plus EULA and the USG EULA for sake of clarity )

Under the Public release EULA, paragraph 6 a, "product" will be replaced with "Licensed Material" Yes

7 Attachment B - EULA

Public Release - Limited Warranty 6 b The USG will notify the Licensor in writing within twenty-one (21) days after the date of delivery if the product does not conform to the stated specifications

Should this be change to 21 calendar days as this is part of the wording of the USG Govt Plus and USG EULA for consistency?

Discuss if we should ask to replace product by “Licensed material “ as products is not defined

Under the Public release EULA, the following will be revised:

paragraphs 6 a and 6 b, "calendar" will be added between twenty-one

(21) and days; paragraph 6 b, "product" will be replaced with "Licensed Material"

Yes

8 Attachment B - EULA

Public release Liability:

7 a To the fullest extent permitted by law, in no event will the Licensor or its affiliates be liable to the USG for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to the USG's use of the product whether based on warranty, contract, tort (including negligence), statute, or any other legal theory

To add "its suppliers" to this statement (after "Licensor") and for consistency across all EULAs for 7a Reference "License Material" instead of "product" Public Release states use of "product" but the USG Plus and USG EULA references "Licensed Material"

Under the Public release EULA, paragraph 7 a, the government will not add "its suppliers" The suppliers are a relationship between the

Contractor (vendor) and whomever they are retaining for supplies It is not relevant in the relationship between the USG and the Contractor

"product" will be replaced with "Licensed Material"

Yes only - for "product" vs

"Licensed Material"

9 Attachment B - EULA

Data First Produced By NASA:

Notwithstanding the foregoing provisions, any DATA first produced by or originating from NASA or the U S Government ("NASA DATA") that is incorporated or aggregated into Licensed Materials (including, but not limited to Global Positioning System (GPS) DATA) shall retain its character, and the U S Government will have unlimited rights in such NASA DATA

Why is this word underlined but not in the other two EULAs? The government cannot identify where the word "unlimited" is underlined under the paragraph 5, Data First Prodcued By NASA, of each EULA No

10 Attachment B Which licensing language found in Attachment B is applicable to the RFP? A,B, or C? All three EULAs within Attachment B are applicable No

11 Attachment B For Task Orders, does the vendor choose the EULA(s) or does NASA? NASA will specify the EULA applicable to their data request in the task order request for proposal/task SOW No

12 Attachment B Will Task Orders have more than one EULA? It is possible that a task order will have more than one EULA applicable No

13 Part III 10 Offer Volume (a) - Reps & Certs Please confirm, if we have our annual representative and certification completed in SAM, do we need to include them with our proposal submission?

Per provision 52 212-3 (Deviation) in RFP Section V 1 "The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www sam gov If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision "

No

14 Part III 10 Offer Volume (c)(6) 2003 U S Commercial Remote Sensing Policy Do we need to provide a statement with our proposal that we comply with the 2003

U S CRSP?

USCRSP information is provided for vendor's awareness that the government intends to follow this policy/process No

15 Part III 10 Offer Volume(c)(7) Catalog Metadata Delivery Do we need to submit relevant metadate with our proposal? Can you list all the acceptable data formats?

Yes, all relevant metadata fields need to be listed and described as required in the RFP Offer and Technical Volumes Standard metadata fields and data formats can be found at https://go usa gov/xnHCb Please note the amendment retitles III 10 c(7) to Delivery of Metadata for

Archive

Yes III 10 Offer Volume, paragraph 7 to provide more clarity

16 Task Orders

Can you clarify when, 1 3 FAR 52 216-19 Ordering Limitations (1995) versus I 14 GSFC 52 216-92 Minimum/Maximum Amount of Supplies or Services (Fixed Price(APR2008) be used?

I 23 CSDA on-Ramping lists and Part III 10 Offer Volume(c)(7) Catalog Metadata Delivery list I 14 GSFC 52 216-92, will be used Please confirm what clause will apply to the Evaluation Phase and Sustained Phase

FAR 52 216-19 is applicable at the ordering level GSFC 52 216-92 refers to the minimum amount of work that the government will issue over the life of the contract, which is $500 to each vendor The maximum amount is $476M collectively amongst all vendors

GSFC 52 216-92 applies to the entirety of the contract (i e Evaluation & Sustainment phases)

No

17 SF1449 Due Date: 4/20/2023 Will the Government grant an extension to April 31st, 2023? Extension provided to May 3, 2023, via RFP Amendment 1 Yes, see Amendment 1

18 III 8 (b) PROPOSAL CONTENT

AND PAGE LIMITATIONS

Technical Volume, (a) Technical Acceptability Standards Compliance, 20 page limit

Will the Government please increase the page limitation of the Technical volume to at least 30 pages?

The technical volume page limit will remain 20 pages Please note paragraph (b) Cover Page, Indices, Table of Contents, Comprehensive Digital Catalog are excluded from the page limitation No

III 9 ELECTRONIC

SUBMISSION OF PROPOSALS

– PROPOSAL MARKING AND

DELIVERY THROUGH

NASA’S EFSS BOX (NOV 2021)

Electronic submissions shall not contain hidden formulas, tables, be locked, be password protected, or contain links to data not included in the electronic copy

Please confirm that this requirement prohibits "links" or URLs to external company websites from the Technical Volume Is the intent of this prohibition only applicable to price documents?

URLs should not point to relevant information that is outside of the electronic submission This requirement is applicable to the RFP in its entirety No

20 III 12 PRICE VOLUME A Price List Template is provided as Attachment D Is it acceptable to the Government for contractors to reformat Attachment D to better fit the proposal response format requirements if the exact requirements will be preserved?

Vendors can tailor the Price List table as needed The Price List Template is provided for guidance purposes The vendor shall include columns that are in accordance with the instructions specified in the Pricing Volume and products offered

No

21 III 11 2 2)a)vi) Prelaunch Characterization and Calibration Stability metrics for each instrument Will the Government clarify and define what is meant by "stability metrics" of instrumentation?

The stability metrics of the instruments refers to the stability of the observations made by the instrument (e g radar sigma0 value, optical reflectivity) and should include the stability and error characteristics of any auxiliary data used for corrections (e g orbit information)

No

22 WMS (Data Delivery)

[vendor] is currently delivering the product (satellite imagery) through FTP server after we process the imagery from our end which means that delivery through utilizing WMS would not be possible at the current stage With this in regard, would it be possible to submit the proposal even though we only could deliver the data through FTP?

Per NASA security requirements FTP site accesses are not allowed See Attachment A, SOW, Sections V and VI for the data delivery requirements No

23 Data Format

Regarding the data format, what we could offer from our end is Geotiff and HDF files for the satellite imagery Reviewing the RFP file, there were other formats that the vendors have to deliver when there are inquiries from NASA If the vendor could only support the Geotiff and HDF files, would it still be okay to submit the proposal?

Geotiff and HDF are standard formats that should not preclude submission Standard data formats can be found at https://go usa gov/xnHCb No

24 Vendor’s Qualification Reviewing the RFP, it seems like there are other services that the vendors have to supply for the NASA program If the Vendor only could support providing satellite imagery acquired with 1 satellite, would it still be okay to submit the proposal?

The vendor should be able to supply the data and services as described in the RFP No

25 Atachment A-SOW Section 1_Introduction, paragraph 9

There may be an initial task order awarded for evaluation purposes to determine the utility of the data for ESD research and applied science applications in a cost-effective way Upon completion of the evaluation, NASA will determine if any subsequent purchases will be made

Our current evaluation isn't set to complete until 03 June 2023, with results estimated to be published in September 2023 Is [vendor] ineligable for task order award until the completion and published results from the existing evaluation?

Once vendors have successfully completed the evaluation phase, as determined by NASA, they will be able to compete for task orders in the sustainment phase No

26 III 8(b) Proposal Content and Page Limitations & Attachment D

Page and font size for the Contract Price List

(2) When page limitations apply to a volume or specific section, a page is defined as one side of a sheet, 8-1/2" x 11", with at least one inch margins on all sides, using not smaller than 12 point type Times New Roman font Line spacing or the amount of vertical space between lines of text shall not be less than single line (Microsoft Office Word’s default line spacing) Character spacing shall be “Normal”, not “Expanded” or “Condensed ” The margins may contain headers and footers, but shall not contain any proposal content to be evaluated Electronic foldout pages count as an equivalent number of 8- 1/2" x 11" pages The metric standard format most closely approximating the described standard 8-1/2" x 11" size may also be used

Diagrams, tables, artwork, and photographs may be reduced and, if necessary, run landscape to eliminate oversize pages Arial or Times New Roman fonts, no smaller than 9 point, will be acceptable for text in diagrams, schedules, charts, tables, artwork, and photographs, provided that the information presented is still legible Diagrams, tables, artwork, and photographs shall not be used to circumvent the text size limitations of the proposal

For Prime Offeror Submissions:

1-Prime Offeror name solicitation number Technical

The Price Volume does not have page limitations

Please confirm that it is acceptable to use a page size larger than 8 5" x 11", either portrait or landscape, or text size smaller than 9pt font for the Contract Price List in MS Word to ensure compliance with the template provided as Attachment D

AND/OR

Please provide an editable Contract Price List format in MS Excel to ensure compliance with the RFP, as implied by the example file names provided in the solicitation

Vendors can tailor the Price List table as needed The Price List Template is provided for guidance purposes The vendor shall include columns that are in accordance with the instructions specified in the Pricing Volume and products offered

No

27 Attachment A-SOW The vendor shall provide internet access to data with a total bandwidth no less than 2 5GBps

Please confirm GigaBYTES intended here for the speed Additionally, is this specified speed the speed at which the vendor hosts the data for download? How will this be evaluated as being in compliance?

The speed mentioned is indeed specified in GigaBYTES (GB) per second This speed refers to the data transfer rate at which the vendor hosts the data for download, meaning it is the rate at which data can be downloaded from the vendor's servers To assess compliance with the specified speed, NASA will conduct performance tests during contract perfomance to measure the actual data transfer rate during the download process These tests will be conducted under typical usage conditions to ensure that the speed meets or exceeds the specified threshold

No

GSFC 52 211-90 SUPPLIES

AND/OR SERVICES TO BE

PROVIDED (SEP 2017)

GSFC 52 211-101 LIST OF

ATTACHMENTS (FEB 2016)

PROSPECTIVE CONTRACTOR

RESPONSIBILITY AND

SPECIAL

STANDARDS (OCT 2021)

7 IT Security Management Plan (ITSMP) NFS 1852 204-76, Attachment E ITSMP To be submitted with proposal & Annual Updates as Required Electronic Format/CO E IT Security Management Plan (ITSMP) TBP

b) Additional requirements for eligibility have been established for this acquisition The Government may communicate with offerors about the eligibility requirement(s) identified below outside of the evaluation process This communication does not constitute discussions as defined in FAR 15 306 If the following eligibility requirements cannot be made acceptable to the Government, the offeror will be considered ineligible for award: a Information Technology Security Management Plan

(ITSMP)

Please provide an editable vesion of the ITSM Plan template to ensure full compliance with the ITSM Plan requirements as stated in the RFP An editable version of Attachment H, ITSMP will be provided Yes

29 III 11 2 2)a)iii) RFP section 2, a), iii)

Several vehicles have been launched in the previous nine months that are candidate systems for evaluation Are all systems applicable to the nine-month requirement? Is it responsive to the RFP to show continuous operation over the evaluation period across the constellation? In other words, will NASA evaluate the capability of newer satellites that have only been in orbit for three months or less?

The requirement is for the minimum size constellation (defined in RFP III 11 2 1)a) Data requirements are listed in RFP III 11 2 2)a) No

30 III 11 2 3)a)iii) Section 3), a), iii)

Does the catalog simply need to demonstrate that data can be collected by our constellation with near-global coverage? Would a set of sample data products with AOI dispersed around the globe meet this requirement? (i e , does NASA have any philosophical guidance to determine how we select archival data for evaluation?)

The catalog needs to represent all available imagery that is available for NASA to purchase This will be used by NASA to identify utility for specific Earth Science applications No

31 III 11 2 3)b)iv) section 3, b), iv)

What low-level satellite diagnostic information would need to be provided to accompany data from a SAR sensor? Could NASA provide further guidance for additional telemetry points or other low-level diagnostic information that is desirable?

For low level data products, the offeror shall provide the necessary low-level diagnostic information to correct for system specific biases during low-level data processing

32 III 11 2 4) Section 4 Are there any more specific requirements for what counts as a “searchable, discoverable user interface that can access data?"

Vendor archived data shall be searchable using an intuitive search user interface with filtering capabilities enabled by various metadata fields Additionally, the data shall be searchable and accessible using application programming interfaces (APIs) with similar filtering capabilities See RFP, Attachment A, SOW, Section V for additional information

No

33 III 11 2 4)f) Section 4, f) Does “products” in this case refer solely to data? I e Does the configuration control essentially mean a provenance for the image/CPHD?

Yes, products refers to data Yes, the configuration control refers to the provenance and lineage of the data No

34 ITSMP

Our team noticed that the Information Technology Security Management Plan PDF (attached) is not editable Could you please provide us with an editable/fillable version of this PDF or confirm that responding teams should create their own version of this document?

An editable version of Attachment H, ITSMP will be provided Yes

35 III 12 PRICE VOLUME How does NASA define " the base price for each product offered " versus what has been specified for each EULA?

Base price is the price/unit prior to applying any multipliers for each EULA and applicable discounts No

36 Enclosure 1, Attachment H, FRFP Legend/Headings, 1852 204-76

The ITSMP draft file is marked as "CUI" but has been released to the public Is the intention for the ITSMP to include additional Government controlled information after the plans are submitted by offerors? Further, the 1852 204-76 Deviation and Attachment H for the ADL seem to contemplate CUI rather than SBU information (the deviation) Can NASA provide some estimated types of NASA's CUI that will need to be processed, stored, or managed during the contract period of performance? It seems like Offerors will not need NASA SBU or CUI in order to collect imagery and publish their imagery to their platforms for use by scientific researchers

The ITSMP template, itself, is not CUI and it’s not necessarily expected for it to contain any, either To eliminate confusion, CUI markings have been removed from the template and the contractor should label their submission as appropriate

Yes, "CUI" markings have been removed from the template

37 Part I, Page 6

Thank you for tailoring 52 212-4 (h) requires potential proposers to indemnify the Government for patent infringement arising out of the performance of the contract Since others (researchers) may be making derivative works or other deliverables by combining CSDA data, we ask that the Government please consider that Offerors need only indemnify for the licensed materials in the EULA rather than the whole performance of the contract

The government will not tailor clause 52 212-4 paragraph (h) as the contractor is not required to indemnify the Government beyond their performance No

38 Part I, Page 8

Thank you for tailoring 52 212-4 (l) for Termination of the Government's convenience pays the Contractor a "percentage" of the contract price for work performed Due to Offerors making downloadable data available quickly on their platforms or through their APIs on a task order underneath the IDIQ, we ask that the Government consider modifying for acceptance of items instead of percentages;

whereby acceptance are the CSDA that has been made available for use by authorized logins

The government will not tailor clause 52 212-4 paragraph (l) as it does not impact work already delivered and accepted No

39 Part I, Page 9

Thank you for tailoring 52 212-4 (o) for warranty requires that items delivered are merchantable and fit for use Since the data are to be used for unknown TBD future research, we suggest that the Government allow offerors to propose their standard commercial warranties This will also more closely align to the requirements of the various EULAs

The government will not tailor clause 52 212-4 paragraph (o) No

40 FRFP Cover Letter Paragraph 2, The estimated period of performance is July 2023 Does NASA have any insight to when actual task orders requests may come out? Should a current CSDA vendor presume that any ongoing work will continue until the expiration of that awarded period of performance?

It is the government’s intention to compete/award task orders soon after the IDIQ contract award, however this cannot be guaranteed at this time

Any active orders for current CSDA vendors will continue until their expiration

No

41 Attachment A- SOW V- Deliverables, Page 8

The SOW document for Deliverables requests that the Vendor notifies the CO or COR when data product packages are made available for download for authorized NASA researchers Depending on volume, this could generate thousands of emails to the CO/COR each time access is made available to various researchers and those researchers downloaded information Can NASA clarify what CO/COR notifications it wishes to receive for deliverables (e g CDRLs vs actual delivered data)?

The vendor shall notify the CO and COR at the beginning of the data product availability for download by authorized NASA researchers

Subsequent notifications for each researcher's download are not required No

42 I 9- Page 16 There is a small typo in I 9(b) NASA may want to consider updating the word "date" to "data" The government will revise the word "date" to "data" Yes

43 Attachment+A_SOW Page 7-8, Section IV and V

If NASA uplifts data to the Public EULA, can a vendor directly provide NASA the source files so they can be delivered from a secure NASA HTTPS location for download?

No Per the RFP, there will be a set of government-defined license tiers (i e , EULA tiers) associated with all contracts and task orders awarded for Scientific Non-Commercial Use Specific details on the requirements can be found in Attachment A, Statement of Work (SOW) and

Attachment B, End-User License Agreement (EULA) EULAs are non-negotiable

44 Attachment+D_Price+List+Templ ate

Please provide definitions for each of these items in the Pricing Template: Price per Archive Scene, Price per New Scene, Base of application

Terminology may vary for each vendor, depending on their products Vendors can tailor the Price List table as needed The Price List Template is provided for guidance purposes The vendor shall include columns that are in accordance with the instructions specified in the Pricing Volume and products offered

Base of application means the individual items (elements) used in the calculation of a rate In this case it refers to the EULA multipliers, discounts, etc affecting the math for all rates

No

Please clarify how the following terms should be defined:

Data Holding - should the contractor define this as archive imagery Data holdings can be defined as a comprehensive listing of all data offerings, including archive imagery No

Constellation-level sampling cadence: should the contractor define this as daily revisit rate during illuminated conditions

Constellation level sampling cadence is the revisit rate made possible by the entire constellation for a specific imaging method Data acquisition under identical imaging geometries may be necessary for interferometric observations

No

Data Volume: should the contract define this as delivered file size per imagery/data product

Data volume can be defined as the delivered file size per imagery/data product No

Spatial coverage: should the contractor define this as the unique collected foot print of the data product

"a) The offeror shall provide a Comprehensive Digital Catalog of its data holdings " "ii) The data catalog shall contain quantifiable representations of the data holdings including constellation-level sampling cadence, data latency, data volume, spatial coverage, and data usage policy

The coverage information is needed both spatially and temporally The catalog needs to represent all available imagery that is available for

NASA to purchase This will be used by NASA to identify utility for specific Earth Science applications

No

Attachment B EULA Page 2, Section 2 3, Page 2, Section 3(a), Page 2, Section 7(a)

The Public Release EULA, Section 2 3 allows "sharing without restriction" Please clarify that the sharing without restriction is for the Derived Product itself

"Sharing without restriction"

Derived Product is defined in item 1 d for all EULAs (A-C) Per item 2 d (all EULAs), Licensed Users may generate unlimited Derived Products from the Licensed Materials and share without restriction Sharing restrictions, if applicable, are noted under each EULA

No

Attachment B EULA Page 2, Section 2 3, Page 2, Section 3(a), Page 2, Section 7(a)

Further, Section 3a of the Public Release EULA grants "unlimited" rights to Licensed Materials for full public dissemination We understand that there is unlimited sharing contemplated underneath the Public Release EULA, but perhaps not an actual unlimited right granted under intellectual [copyright] property rights (perhaps NASA is using the definition of unlimited as it pertains to USG Federal Acquisition Regulation (FAR) definitions for using, disclosing, or reproducing the Licensed Data) (More context is that Offerors may need the ability to revoke or limit worldwise use contained in the limited license grant to intellectual property rights in the event of a compliance obligation for national security purposes) A suggestion may be to put some clarifications in Section 3 a so that it reads: "Unless otherwise directed by the USG or Licensor due to compliance obligations or national security purposes, The Licensee is granted unlimited sharing rights to the Licensed Material "

The Public Release EULA as stated in paragaph 3 "grants the Licensee the following Public Release license for the purchase of products which allows for unlimited sharing to Licensed users as described herein:

3 a… unlimited rights to the Licensed Materials to permit full public dissemination by Licensed users without restriction 3 b Licensed Material that is publicly released does not become public domain or otherwise convey to the public any right to the Licensed Material beyond what is provided for by fair use and other copyright limitations "

No

Attachment B EULA Page 2, Section 2 3, Page 2, Section 3(a), Page 2, Section 7(a)

Lastly, in Section 7 for Liability on each of the EULAs, the Licensor should also not be liable to the public (or to the contractors/NGOs/etc that the USG chooses to shares with under the USG and USG+ licenses) Therefore, we believe a clarification is necessary so 7(a) in each of the EULAs read, "To the fullest extent permitted by law, in no event will the Licensor or its affiliates be liable to the USG, any licensed user, or any third party for any "

Paragraph 7 a of each EULA will be revised to include the bolded text as follows: 7 a To the fullest extent permitted by law, in no event will the Licensor or its affiliates be liable to the USG or any party identified in Section 3 for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to the USG's use of the Licensed Material whether based on warranty, contract, tort

(including negligence), statute, or any other legal theory

Yes

49 Can NASA share the size and scope of planned public release requirements? This will be specified in each task order request/SOW and will depend on the research needs/requirements at the time No

50 Will there be a general release for publication, references, and attribution?

Per SOW Section IV, "At a minimum, the U S Government and its partners shall have the ability to share and use Data and any Derived Products for Scientific Use including but not limited to inclusion in scientific and technical articles and publishing academic or similar works

No

51 Does NASA envision a need to publish imagery itself for processing? If yes, please provide reference examples

Per SOW Section IV, paragraph 2, "At a minimum, the U S Government and its partners shall have the ability to share and use Data and any

Derived Products for Scientific Use including but not limited to inclusion in scientific and technical articles and publishing academic or similar works

45 Page 56, Section III

52 Can NASA provide examples of each potential Public Release scenario? Not at this moment as this will depend on the research needs/requirements at the time No

53 Does NASA intend to use the Public license to support scientific publications or to release source data used in the publications to the Public?

Currently CSDA program's publications have successfully been supported with non-public release EULAs for scientific use No

Does NASA expect to provide the vendor with advance notice in advance of any of these scenarios of public release? What if the need also requires a license uplift from a USG or USG Plus license to Public release? How will that change be communicated and transacted?

EULA requirements and/or any upflifts will be specified in individual task order requests/SOW In the event an upflift to an existing EULA is required, it will be done via task order modification No

55 Can NASA please describe what the task order distribution process will look like? Specified in RFP clauses I 9 NFS 1852 216-80 (OCT 1996) Task Ordering Procedure and I 16 Supplemental Task Ordering Procedures No

USG Plus licensing in the NASA EULA defined a requirement to produce digital elevation model (DEM) products What are the requirements for DEMs under CSDA? Digital Elevation Model (DEM) is provided as an example of a Derived

Product, which is defined under all three EULAs (item 1d)

No

57 What volume of DEM products does NASA expect to be created under CSDA? We are unable to specify at the moment, this depends on the research need/requirements during contract performance No

58 Can NASA please provide examples of potential Public Release scenarios for DEMs?

To be addressed on a case-by-case basis during contract performance, per the research needs/requirements at the time No

59 Does NASA plan to host imagery data and/or derived products (such as DEMs) on the Earthdata Portal? https://www earthdata nasa gov/

As stated in SOW Section 4 NASA shall maintain an archive of the purchased data Licensed User Derived products will also be archived No

60 Our company plans to provide data samples for technical review Are there any limitations on size of data received? Sample data is not a deliverable for the RFP No

61 Page 49 of 86 of

80HQTR23R0007_CSDA FRFP

“Arial or Times New Roman fonts, no smaller than 9 points”, are acceptable for text in… artwork and photographs "

Is it acceptable to deviate from Arial or Times New Roman fonts, specifically in photographs and artwork only, so as to preserve pre-designed, pre-branded fonts as long as the font stays no smaller than 9 point? This would eliminate the need for time and resource-intensive rework of pre-made company materials

This is acceptable for artwork and photographs, provided that it is legible Yes

62 RFP III (c )(2) Responsibility Information

“Provide information addressing all of the elements under FAR 9.104 to demonstrate responsibility (address the elements under this section that are not addressed in another proposal volume).”

Is NASA wanting a certification from us saying that we comply? Or what other kind No specific format is required No

63 RFP III (c )(2) Responsibility Information

“Provide information addressing all of the elements under FAR 9.104 to demonstrate responsibility (address the elements under this section that are not addressed in another proposal volume).”

Is NASA wanting a certification from us saying that we comply? Or what other kind No specific format is required No

File details come from the government source that posted it. Updated .