Questions_and_Answers_Set__3_(5-11-18).pdf

Questions and Answers for NASA Research Announcement

Study for the Commercialization of LEO

Solicitation # 80JSC018LEOCOM

May 11, 2018

(Questions 1-48 have been posted in separate files)

49. When you say “studies,” does that imply that there will be follow on NRAs issued for different topics?

A: This is a standalone NRA, and NASA is not currently intending to release a follow-on NRA for different topics. Each awardee will conduct a study for this specific NRA, and multiple awardees would result in multiple ‘studies.’

50. Assuming we are awarded a study contract, is there a mechanism for providers to get feedback from stakeholders after they review our study products?

A: At this time, NASA has not incorporated a mechanism for providing feedback to awardees from stakeholders after the study is delivered to the government, although this may be contemplated at a later time.

51. Is there anything that precludes international use of a transitioned platform?

A: The ISS Transition Report, its referenced documented International Partner agreements, and its transition principles provide current assumptions and constraints.

52. Intellectual Property rights questions (due to overlap, one answer addresses all questions):

a. Will all Intellectual Property rights information be in the NRA?

b. How are you going to protect company sensitive information in both the proposal and study?

c. Does the data generated as a result of this study performed under a fixed price contract arrangement with NASA become the government's data that it can release publicly or via FOIA? Or can this data generated be considered proprietary to the company and therefore free to use within NASA but cannot be disseminated to other parties?

d. What is the process for asserting and proving that data was produced entirely at private expense?

e. Can we perform this study at no cost to NASA in order to retain our intellectual property rights?

f. Are there gates along the way where we can discuss Intellectual Property rights?

A: Intellectual property rights information will be contained in the NRA, the model contract (which offerors may propose changes to), and the Federal Acquisition Regulation.

Proposal data, as defined and meeting the requirements in FAR 3.104-1 (“Contractor bid and proposal information), will be treated as Sensitive but Unclassified (SBU) information, which is governed by NASA Interim Directive NID 1600.55. For the study, NASA intends to treat Limited

Rights Data (commonly referred to as proprietary data outside the federal government) in a manner similar to procurement-sensitive data and consistent with NASA’s Sensitive But Unclassified protocols (see NID 1600.55) and will minimize the number of personnel who have access to Limited

Rights Data. This data is exempt from Freedom of Information Act disclosure by the government if it embodies trade secrets and commercial or financial information which is privileged or confidential.

Data, other than computer software, developed entirely at private expense that embody trade secrets and have been merely aggregated and/or formatted for delivery to the government may be designated as Limited Rights Data.

NASA requires certain information be publicly releasable (quad chart and executive summary), which is considered unlimited rights data. Pursuant to FAR 52.227-14(b)(i), the Government shall have unlimited rights in data first produced in performance of a subject contract and can release such data publicly or via FOIA.

NASA may consider the use of a data sharing capability in some cases, whereby NASA personnel have access to data on offeror’s internal data systems or in offeror’s facilities and such data are not formally delivered to NASA.

Offerors may identify and represent Limited Rights Data on specific data an offeror believes must be delivered to NASA in order to meet the proposed contract’s data delivery requirements. Such identification and representation shall be made pursuant to FAR 52.227-15, Representation of

Limited Rights Data and Restricted Computer Software. NASA will review an offeror’s representation of Limited Rights Data before a contract is awarded, and discussions may take place based on NASA’s review. Such discussions would consider topics such as whether the data was required to be delivered, the basis of the offeror’s representation of Limited Rights Data, etc. If a mutual understanding can be reached as to an offeror’s identification and representation of Limited

Rights Data, this understanding will be incorporated in a prospective contract. After a contract is awarded, if a Contractor delivers data marked with a Limited Rights Notice or other restrictive notice, the data will be compared to the mutually agreed-to list of Limited Rights Data by NASA. If

NASA believes there is no match between such data with the mutually-agreed to list, the Contractor will be afforded an opportunity to provide written justification to substantiate the data are properly identified in the mutually agreed-to list or request that the data are added to the mutually-agreed to list (thereby beginning the process of further discussions with NASA).

The offerors may propose a ‘no cost’ mechanism for the deliverables; please inform NASA in the

Notice of Intent if this is desired. For data delivered to NASA, if data embody trade secrets, are developed entirely at private expense, and appropriately marked with a Limited Rights Notice, the

U.S. federal government will have limited rights. Also, NASA requires certain information be publicly releasable (quad chart and executive summary), which is considered unlimited rights data.

Therefore, ‘no cost’ mechanisms will ensure no funding from the government will be used for performance of the study, but delivered data may still result in government rights to the data. Lack of funding mitigates risk of a later challenge that data were first produced in performance of the contract (unlimited rights data).

Offeror’s proposals are required to include the Offeror’s approach to Intellectual Property rights, and the Offeror will be required return a revised copy of the model contract that will be supplied with the NRA. NASA and awardees then have an opportunity for negotiation of the agreement for the final contract.

53. Can the quad chart template be changed if I am only proposing to part of the study?

A: Yes, offerors may propose slight modifications to the supplied format if the template does not correspond directly to your specific study. However, NASA requests that deviations be limited to only those that are necessary.

54. We are assuming direct funding of ISS ends in 2025. Do you have any other information on that?

A: The ISS Transition Report, which was delivered to Congress, provides NASA’s current strategy pertaining to direct funding. As part of the study, offerors may provide insights and recommendations on ISS transition and the Report to NASA.

55. Are the two major study objectives to be linked, or can they be addressed independently?

A: NASA envisioned the roadmap addressed in the first major objective to carry over to the second major objective. However, offerors may propose that they be addressed independently.

56. Do you want feedback on the ISS Transition Report?

A: Proposers are requested provide recommendations on ISS transition, and this may include recommendations on the ISS Transition Report.

57. How is this effort different from the 2016 Request for Information?

A: The 2016 RFI was an unpaid request for information with a general focus on how commercial entities might leverage ISS assets and capabilities. This effort is a paid study with a detailed list of specific study objectives related to establishing a self-sustaining human spaceflight enterprise in

LEO. The study addresses both use of ISS and free flying platforms, and also requests input on the role of government and the evolution of ISS.

58. Will there be a review as part of the mid-point milestone?

A: Yes, the NRA will require an interim briefing to NASA be provided as a deliverable. Specifics on all of the study deliverables will be contained in the NRA.

59. What NASA resources would be available to help perform the study?

A: For this study, NASA has established a Technical Library containing useful information and technical documents. In addition, awardees will be assigned a NASA Point of Contact for technical coordination. Note that NASA is seeking external ideas and inputs, so extensive NASA involvement during the study is not desirable.

60. Will crew and cargo service contracts go away in 2025?

A: NASA cannot commit to or comment on future competitive procurements. The 2025 date is discussed in the ISS Transition Report, which was delivered to Congress. As part of the study, you may provide recommendations on ISS transition as presented in the Report.

61. Can we propose a period of performance longer than 4 months?

A: Yes, a longer period of performance may be proposed, but NASA may elect to not accept the

Offeror’s proposal.

62. Is the solicitation timeline fixed? Can we move faster?

A: The timeline for submission and expected timing for awards is specified in the NRA, and cannot be accelerated. Offerors may propose a shorter period of performance for the contract (< 4 months).

63. Can you provide us with historical studies done on this subject?

A: NASA does not have equivalent historical studies on this subject but will provide reference information in the NRA, in these Q&A documents, and in the Technical Library.

64. Much of the detail requested is forecasting. How will it be used?

A: NASA is seeking study results that will demonstrate the technical and business feasibility of future commercial activity to help inform NASA’s forward plans. Forecasted information is required, and the study and should document assumptions and confidence levels.

65. How do we reconcile reporting costs in the study, if we are bound by a Non-Disclosure

Agreement (NDA) with a supplier not to?

A: NASA does not intend for offerors to violate NDAs they have with suppliers. Because each situation is unique and organizations may have different preferences, NASA requests that proposals contain suggested workarounds.

66. What is the anticipated timing for ISS transition?

A: NASA’s current vision and timing for ISS transition is presented in the ISS Transition Report.

Proposers are requested provide recommendations on ISS transition as presented in the ISS

Transition Report as part of this study.

67. Have the International Partners committed to engagement beyond 2024?

A: Please reference the ISS Transition Report, which includes NASA’s current understanding and expectations related to the ISS International Partners.

68. Will NASA expect industry to take on the role of negotiating any required changes to the

IGA/MOUs as a result of commercialization?

A: No. As outlined in the ISS Transition Report, NASA envisions maintaining ISS leadership and governing responsibilities as outlined in the Partnership agreements. Industry would not be expected to take on IGA/MOU negotiations, should any be required.

69. Do you envision any “must retain” responsibilities for NASA, and will you specify them in the

NRA (e.g., to maintain expertise in a particular area)?

A: The ISS Transition Report documents NASA’s current expectations. As an example, one of the ISS

Transition Principles listed indicates the criticality of “Maintaining critical human spaceflight knowledge and expertise within the Government in areas such as astronaut health and performance, life support, safety, and critical operational ground and crew experience.”

70. Is there an end date for ISS that you want us to shoot for?

A: The 2017 NASA Transition Authorization Act states that “…it shall be U.S. policy, in consultation with its international partners in the ISS program, to support full and complete utilization of the ISS through at least 2024.” There is currently no “end date” for terminating the ISS program mandated by Congressional authorizations or specified in NASA’s current strategic documentation.

71. How deeply do you expect NASA to be involved in development and certification of a commercial platform?

A: As part of this study, NASA is asking for commercial approaches to development and other processes, considering use by multiple customers (including NASA). For study concepts that may include a commercial element berthed at the ISS Node 2 forward port, the Commercial Element

Requirements Document in the Technical Library contains the draft set of integration requirements necessary for compatibility and safety of ISS.

72. How will NASA’s ground facilities and services transition or be made available in the future?

A: As part of this study, NASA is seeking external input on concepts for ground systems, as well as desired use of NASA facilities and services. Offerors may identify methods and strategies for facility transition, processes, and/or use.

73. What role does NASA have in the LEO marketplace, beyond buying services?

A: As part of this study, NASA is seeking input on the role of government in the roadmap of the commercialization of LEO. Note that the ISS Transition Report provides NASA’s current vision and principles.

74. Will the Center for the Advancement of Science In Space (CASIS) remain as NASA’s primary method to stimulate users?

A: NASA enables commercial activity in a variety of ways, and industry plays a significant role in these activities. Relative to CASIS, NASA’s current expectation is that CASIS will continue in their role as the manager of the ISS National Lab through 2024. This role includes developing users from federal organizations other than NASA and private entities.

75. Am I required to submit a capital formation plan?

A: The NRA does not specifically require a ‘capital formation plan,’ but NASA is requiring sufficient information to substantiate the concept’s feasibility, including the business-related study objectives.

76. Who are the “key stakeholders”?

A: Among others, the White House, Congress, Office of Management and Budget, National Space

Council.

77. Is there a future upgrade plan for ISS?

A: The Technical Library will contain information related to technical ISS upgrades.

78. Can you include information on the “state of health” of the ISS systems and elements for us to factor in to our proposals?

A: The health and status of the systems at any given time are constantly changing and are highly dependent on available crew time, EVAs, ground and flight sparing, and cargo flight traffic cadence.

As such, NASA will include information in the Technical Library that will contain information related to ISS systems and element maintenance, including sparing philosophy and flight/EVA cadence.

79. Can the Center for Advancement of Science in Space (CASIS) propose?

A: The NRA is open to all U.S. organizations, including industry, educational institutions, and non-profit institutions.