80KSC021CA002_ JOFOC for DART.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

John F. Kennedy Space Center (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For the Payload Processing of the Double Asteroid Redirection Test (DART) Spacecraft

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by

National Aeronautics and Space Administration (NASA) KSC:

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is at Kennedy Space Center for the acquisition of commercial payload processing capability, on a noncompetitive basis, from Astrotech Space Operations Inc.

(ASO), Vandenberg Air Force Base (VAFB), California.

2. 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 to award a sole-source contract to ASO for the acquisition of payload processing service to meet the DART launch that has a planetary launch period of November 17, 2021 through February 15, 2022.

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the

Agency’s needs (including the estimated value):

The scope of the contract will be payload processing service for the DART mission at VAFB.

In order to meet this launch period, DART will need facility occupancy 63 days prior to and

5 days after launch, which is scheduled for November 17, 2021. DART will also need the ability to extend facility occupancy to meet a potential launch slip through February 15, 2022.

The estimated total contract value is $2,400,000 based on historical acquired services and the potential need to extend facility occupancy.

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 6.302-2, “Unusual and Compelling Urgency”, 41 U.S.C. 3304(a)(2). This requirement meets the definition of a commercial item in accordance with FAR 2.101. Therefore, the resulting acquisition will use the procedures in FAR 3.5—Simplified Procedures for Certain Commercial Items, which permits contracting for commercial items on a sole source basis. This document is prepared in accordance with FAR 13.501(a)(1) (41 U.S.C. 1901).

5. 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:

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901 as implemented by FAR 13.501. The services needed by the Agency are urgent and compelling, as described below:

The rationale supporting the use of the above cited authority is the result of a launch delay and non-availability of the previously contracted Payload Processing Facility (PPF). DART was scheduled for launch in the primary planetary launch period of July 21, 2021 – August

22, 2021, with payload processing services contracted to Space Exploration Technologies

Corporation (SpaceX) to utilize its PPF for 55 days prior to launch + 3 days after launch.

Due to new technology development delays and impacts resulting from the COVID-19 global pandemic, this date could no longer be achieved; therefore, the DART mission moved to the backup planetary launch period of November 17, 2021 – February 15, 2022 in order to rendezvous with the Double Asteroids of Didymos/Dimorphos in October 2022.

Due to the launch date change, DART moved into a congested manifest where SpaceX has a launch every 30 days, preventing DART from processing more than 30 days in the SpaceX

PPF and requiring an additional PPF to conduct its pre-launch processing. The launch delay and the impaired availability of the SpaceX PPF created the urgent and compelling necessity to secure a PPF. The procuring of a PPF at this stage in the mission cycle is already allowing less than a 1/3 of the normal time for the facility to prepare for the processing service. Any further delay in award of a contract would result in the facility being unable to provide the support required in time, causing the spacecraft to miss its launch opportunity and planetary period, jeopardizing the mission itself. Additionally, if an additional delay were to occur, the

NASA Launch Services (NLS II) contract would experience significant launch delay costs.

Payload processing facilities are unique assets outfitted with highly specialized systems to process satellites, maintain the appropriate levels of cleanliness and safely handle the unique hazards of space flight hardware. These systems include the environmental and monitoring systems, handling equipment meeting space flight hardware ratings and cleanliness, safety monitoring equipment for hazards, and communications equipment unique to the space program and already linked to the NASA facilities for launch operations, which ASO personnel have the extensive knowledge and experience for processing of spacecraft that includes the understanding of rules and limitations placed on flight hardware.

6. 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 Subpart 5.2 and, if not, which exception under 5.202 applies:

The Contracting Officer has determined that this action is exempt from the notice required in

FAR 5.202(a)(2), because unusual and compelling urgency precludes competition to the maximum extent practicable and the Government would be seriously injured if the agency complies with the publicizing and response time periods specified in FAR 5.203. As described in Section 8, there are only three companies that have payload processing facilities located on VAFB; SpaceX, ASO and L3 Harris. As described in Section 5, the SpaceX PPF is unable to support, and L3 Harris has a schedule conflict that prohibits them from accommodating the planetary launch period of November 17, 2021 through February 15, 2022. Thus, ASO is the only capable PPF with availability to support DART payload processing services.

7. FAR 6.303-2(b)(7) – A determination by the contracting officer 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 shall be required to submit a proposal to be evaluated and negotiated by the

Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. The CO and Evaluation Team will perform the evaluation in accordance with FAR 15.404-1 Proposal Analysis Techniques (b)(ii) comparison of the proposed prices to historical prices paid, whether by the Government or other than the

Government, for the same or similar items.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons a market research was not conducted:

NASA has extensive in-depth knowledge and experience with the VAFB payload processing market based on many years of managing the integration of payloads and supporting missions at VAFB. In addition to commercially available facilities, the NASA Launch

Service Integration Manager (LSIM) determined that the NASA owned facility at VAFB does not have sufficient accommodations, crane capacity, and floor space to support the

DART payload processing.

As for commercial sources, there are three payload processing facility at VAFB, SpaceX, ASO and L3Harris. As mentioned above, SpaceX has informed the LSIM that they cannot accommodate the full DART processing for the changed/required launch period. As a result, the LSIM contacted ASO and L3Harris by phone and followed up by email to ascertain their availability for DART. The following is the result:

L3Harris confirmed it is committed to other spacecraft programs for the duration of the

DART processing and planetary launch period. One of these commitments is for the NASA’s

Landsat 9 mission that is contracted from mid-May to late-September 2021. Through that working relationship, the LSIMs were aware of the Landsat 9 mission conflicts at the beginning of the DART processing period. Additionally, L3Harris informed the LSIM of the other customers’ requirements that limits their ability to meet the DART’s occupancy. In an effort to help DART, they did offer a small window

. However, the window does not meet the entire processing duration need and would be a high schedule risk to the planetary launch period. The LSIM determined that there were too many uncertainties and deemed this solution as not feasible.

Finally, ASO has one remaining processing bay available that can accommodate the DART processing and schedule. Because this bay is the only PPF available to support DART processing and schedule, and because it is possible that other customers may encumber the slot before NASA does, there is unusual and compelling urgency to secure this facility to meet the critical DART schedule.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

None.

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

None see paragraphs 5, 6 and 8.

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

The Agency will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.

Launch Service Program for DART Payload Processing Facility

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

Julie Schneringer: I certify that the facts presented in this justification are accurate and complete.

//electronic signature on file//

Julie Schneringer

NASA Launch Site Integration Manager

Suzanne Blubaugh: I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

//electronic signature on file//

Suzanne Blubaugh

Contracting Officer

APPROVED:

//electronic signature on file//

Kelvin Manning

Competition Advocate, Kennedy Space Center