FOE_Spire (final)_s.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Headquarters (HQ)

Justification for an Exception to Fair Opportunity For Commercial SmallSat Data Acquisition (CSDA) Program

Indefinite Delivery Indefinite Quantity (IDIQ) Contract No. 80HQTR24DA006 Task Order No. 80HQTR24FA044

In accordance with Federal Acquisition Regulation (FAR) 16.505 (b)(2)(ii) – The justification for an exception to fair opportunity shall be in writing as specified in paragraph (b)(2)(ii)(B) for this action.

1. FAR 16.505 (b)(2)(ii)(B)(1) - Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for an Exception to Fair Opportunity."

This document is justification for an exception to fair opportunity prepared by National Aeronautics and Space Administration (NASA) Goddard Space Flight Center (GSFC).

The procuring agency is the NASA and the contracting activity is GSFC.

2. FAR 16.505 (b)(2)(ii)(B)(1) – Nature/Description of the action being approved:

This justification provides rationale for issuing an order under the Commercial SmallSat Data

Acquisition (CSDA) Program, Multiple-Award Indefinite IDIQ Contract No.

80HQTR24DA006 with Spire Global Subsidiary, Inc. using an exception to the Fair Opportunity process.

The award currently consists of seven (7) awardees:

1) Airbus DS

2) Capella Space

3) GHGSat

4) Maxar Intelligence

5) PlanetiQ

6) Spire Global

7) Umbra Lab

3. Description of the supplies or services required to meet the agency’s needs:

This action is a firm-fixed price (FFP) order for Global Navigation Satellite System (GNSS)- Radio Occultations (RO) products. GNSS-RO products augment existing weather data, by providing neutral atmosphere and ionosphere data that will provide measurements that can impact a wide range of activities, including but not limited to satellite operations, navigations, communications; and will augment an existing suite of NASA managed GNSS data holdings.

This aligns with NASA's current science needs for the Agency’s modeling and application initiatives.

Specifically, Spire’s Earth observation data have been evaluated by researchers from NASA, National Oceanic and Atmospheric Administration (NOAA), European Space Agency (ESA), European Organization for the Exploitation of Meteorological Satellites (EUMETSAT), the United Kingdom Meteorological Office, the US Air Force and others with extremely positive results. NASA’s recent evaluation of Spire’s Earth observations data concluded that Spire data positively benefits the Goddard Earth Observing System (GEOS) Atmospheric Data Assimilation system. Specifically, the data improved tropical variability in model skills, and the largest impacts are seen in the Southern Hemisphere, where temperature and winds measurements improved across the board. Spire operates an expanding constellation of over 100 satellites in Low Earth Orbit (LEO) at nominal altitudes between 385-650km deployed in orbital inclinations ranging from equatorial to polar. The Spire Earth observation constellation is capable of collecting GNSS-RO measurements and contains three satellites that extend this to polarimetric measurement, GNSS-Polarimetric Radio Occultation (GNSS-PRO). Spire is operating another five (5) Near Nadir (NN)-GNSS Reflectometry (GNSS-R) satellites providing consistent global coverage of a range of Earth observations data. The data acquired can support NASA scientific needs such as analyzing ionospheric anomalies, climate monitoring, sea surface altimetry, sea ice classification and detection, and support model data assimilations.

At the time of the issuance of this task order, Spire will be the only CSDA IDIQ contractor that is currently in the Sustainment Phase and thereby has the capability to provide the required radio occultation data. NASA has a contract with another contractor, PlanetiQ, that provides similar solutions. PlanetiQ received a CSDA IDIQ award through an on-ramp. However, PlanetiQ is still in the Evaluation Phase. Once the evaluation phase is complete PlanetiQ can advance to the Sustainment Phase and then be considered as a market alternative for future task orders. As the CSDA program evolves, the agency continues to examine the market for alternative solutions or new sources through continued market research and on-ramping efforts to gain efficiencies.

The total estimated price of the proposed order is $6.5M, and the estimated period of performance is twelve (12) months from date of award.

4. Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(A), The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

FAR 16.505(b)(2)(i)(D), It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E), For orders exceeding the simplified acquisition threshold a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Determination 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 has an existing contract pricelist previously determined to be fair and reasonable.

Prior to execution of the contractual instrument, an analysis will be performed comparing to the existing pricelist and similar, but not interchangeable, products of other CSDA IDIQ holders. The analysis will ensure that the final agreed-to pricing for the order is fair and reasonable. The proposed price(s) will be evaluated by the Contracting Officer’s Representative and the Contracting Officer in conjunction with a management representative(s) of the Earth Science Division to determine that the price(s) associated with the unique data set and the identified supporting data and data use authorization are fair and reasonable.

6. Other facts supporting the justification: N/A

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

The Agency will continue to examine the market for alternative solutions or new sources. At present, NASA is considering plans to formally re-engage the community every one (1) to two

(2) years through its on-ramping efforts and in accordance with the contract as current contract holders complete the Evaluation Phase and are able to compete in the Sustainment Phase for Task Order awards.

Another CSDA IDIQ contract holder, PlanetiQ, provides similar solutions, however they are still in the Program’s Evaluation Phase. Once this evaluation is complete, the contractor will advance to the Sustainment Phase where they will be able to compete amongst other CSDA contractors for future task orders.