JOFOC_Post_Award_Notice.rtf

This JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION As prepared by the

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION LYNDON B. JOHNSON SPACE CENTER

Pursuant to 10 United States Code (U.S.C.) 2304(c)(1) and Federal Acquisition Regulation 6.302-1 For the “BIGELOW EXPANDABLE ACTIVITY MODULE (BEAM) SUSTAINING ENGINEERING”

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 with Bigelow Aerospace for the acquisition of sustaining engineering, anomaly resolution, and engineering analysis, in addition to BEAM stowage analyses and life-extension certification of the Bigelow Expandable Activity Module (BEAM) on-board the International Space Station (ISS) in support of its use as an ISS stowage module and test-bed for technology demonstrations through ISS end of life.

This procurement is contemplated to be firm-fixed-price with an initial base period of three years and two one-year options.

FAR 6.303-2(b)(3) – A description of the supplies or services required to meet the agency’s needs (including an estimated value):

The ISS provides a unique and highly visible national asset with utilization capacity available to support ISS National Lab efforts for technology development and demonstration by non-Governmental entities and organizations. In April 2016, the BEAM, an inflatable soft-goods module, was flown onboard the SpaceX Dragon vehicle and delivered to the ISS where it was installed on Node 3 Aft by the SSRMS, inflated, checked out, and subsequently activated.

Bigelow Aerospace will support NASA’s efforts to ensure that the BEAM will demonstrate the long-term performance of a human-rated inflatable system during its ISS mission on-orbit and will gather critical performance data related to structure, radiation, MMOD, microbial growth and demonstrate critical technologies unique to inflatable habitats. The use of the BEAM as part of a human-rated system by NASA will allow the Bigelow Aerospace to demonstrate its technology for future commercial applications in low Earth orbit.

The estimated value of this procurement is $200,000.

FAR 6.303-2 (b)(4) – An identification of the statutory authority permitting other than full and open competition: 10 U.S.C. 2304 requires, with certain limited exceptions, that agencies shall promote and provide for full and open competition in soliciting offers and awarding Government contracts. Under limited circumstances, agencies are authorized to award contracts that restrict competition on a sole-source basis. Per FAR 2.101, a sole source acquisition means, “a contract for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source.”

The statutory authority for proceeding with this acquisition under other than full and open competition is 10 U.S.C. 2304 (c)(1), as contemplated by the provision of FAR 6.302-1 (a)(2), which states that full and open competition need not be provided when services required by the Agency are available from only one responsible source and no other type of services will satisfy Agency requirements.

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 and any other facts supporting the use of other than full and open competition:

The rationale supporting the use of 10 U.S.C. 2304(c)(1) is that BA is the sole company with experience with BEAM and BA owns the intellectual property (IP) regarding the BEAM design, as described below.

The BEAM has been provided to NASA under contract as a technology demonstration; BA is the only organization that has the experience with, and knowledge of, the BEAM module and specific technology. The BEAM was delivered and installed on ISS in April 2016 and is currently in its two-year technology demonstration operational period, with BA supporting the activities during this period.

In addition, BA maintains ownership/title of the module as well as the IP associated with BEAM, including detailed design and manufacturing processes. Per the original contract with BA, contract NNH13CH31C, BA maintains title until the end of the operational period; BA title will be extended at least through the end of this IDIQ. As the only organization with experience supporting NASA for BEAM and with ownership of the IP, BA is uniquely qualified to provide the services required under this extension, in particular the support necessary to convert BEAM from an empty ISS module to one that is safe for the ISS Crew to use for long-term ISS on-orbit stowage. In addition, given that BEAM is developed in support of NASA policy to support development of commercial space providers and markets, it is necessary to respect current agreements regarding protection of BA design details and IP.

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 FAR Subpart 5.2 and if not, which exception under 5.202 applies: On October 02, 2017 a non-competitive synopsis was issued on the Government-wide point of entry (GPE) FedBizOpps.gov for the proposed services to be performed by this contract with a closing date of October 17, 2017. The synopsis stated the Government’s intent to contract with Bigelow Aerospace for these services on a sole source basis to sustain and utilize the BEAM, which is on-board the ISS, to stow ISS equipment and as a test-bed for new technology demonstrations, during and beyond the BEAM initial baseline period of performance. There were no responses received to the synopsis.

FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: A price analysis will be performed in accordance with FAR 15.403-3(c)(1). This cost covers the life extension, stowage, and safety analysis, to fully utilize BEAM for stowage. Comparisons of hours and estimates have been performed and found to be reasonable.

FAR 6.303-2(b)(8) – A description of the market survey conducted, and the results, or a statement of the reasons a market survey was not conducted: NASA concluded that Bigelow Aerospace is the only responsible source available to meet the requirements as only they have the necessary experience and they own the BEAM IP.

FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition, such as: None.

FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition: As stated in item 7 above, synopsis 80JSC018R0027 was posted to FedBizOpps.gov. This notice requested potential sources to submit their capabilities and qualifications.

FAR 6.303-2 (b)(11) – A statement of the 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:

Due to the nature and uniqueness of Bigelow Aerospace capabilities and ownership of the BEAM module and intellectual property rights, the Government intends to keep BEAM work sole source.