Amendment 1.pdf

VIRGINIA COMMERCIAL SPACE FLIGHT AUTHORITY

REQUEST FOR PROPOSALS (RFP) AMENDMENT

RFP 27-130300-003-004

Deep Water Port 30% Design Services

Amendment 01

Issue Date: September 2, 2026

Subject: Request for Proposals (RFP), Amendment 01

Reference: RFP 27.130300-003-004, Deep Water Port 30% Design Services

Issuing Organization: Virginia Commercial Space Flight Authority 101 West Main Street, Suite 602 Norfolk, VA 23510

Location of Work: Virginia Commercial Space Flight Authority

Mid-Atlantic Regional Spaceport NASA Wallops Flight Facility 7414 Atlantic Road Wallops Island, VA 23337

This document shall serve as official notice of amendment to above Reference. Such notice is being provided to all offerors to which the original solicitation was sent. Offerors submitting a proposal shall acknowledge receipt of this solicitation amendment prior to the hour and date specified herein as follows: sign and return a copy of this amendment with the solicitation response being submitted, or, if the offeror has already submitted a response and desires not to change their proposal, submit this acknowledgement signed and return prior to the solicitation deadline. If the Offeror has already submitted a proposal, the proposal may be withdrawn, revised and re-submitted if the supplier chooses. Any re-submitted proposal shall be accompanied by signed acknowledgment of this amendment. All amendment acknowledgments sent separately or with a revised proposal shall have the solicitation number in the subject line of the email.

All proposals shall be emailed to solicitations@vaspace.org on or before the final deadline of 9/17/2026, 4:00 p.m.

EST.

The purpose of Amendment 01 is as follows:

1. To provide answers to vendors questions, below.

All terms and conditions remain unchanged.

Name and Address of Offeror: ________________________________________________________________

Authorized Signature/Title Date Printed Name

Email Phone Number

VIRGINIA COMMERCIAL SPACE FLIGHT AUTHORITY

REQUEST FOR PROPOSALS (RFP) AMENDMENT

RFP 27.130300-003-004

Deep Water Port 30% Design Services

Amendment 01

Questions and VCSFA Responses

1. May non-U.S. Citizen personnel who are authorized to work in the United States perform off-site engineering and design work remotely under this agreement, provided they do not require access to VCSFA properties or NASA Wallops Flight Facility?

Yes.

2. We understand that the final Deep Water Port Assessment is currently being completed and will be provided post award to the selected Contractor. To better inform our technical approach and cost proposal, can VCSFA provide a draft or preliminary version of this Deep Water Port Assessment for review during the proposal preparation period?

Final Assessment will be provided post award.

3. The RFP requires two port options but also states that VSA will select the location and final port length before higher-level design. Please clarify when those decisions will be made and whether both alternatives must be developed to the same level of detail.

The selection will be made post award.

4. Please confirm whether current bathymetric data is available and clarify the expected level of dredging analysis, sediment characterization, dredge quantities, and disposal evaluation.

Data is unavailable.

5. Please provide the vessel, barge, tug, crane, cargo, launch-support, recovery, and frequency-of-use assumptions that should govern berth dimensions, loading, mooring, navigation, and downtime analyses.

Will be provided post award.

6. Please clarify the extent of upland improvements included in the base scope, including roads, laydown areas, utilities, drainage, lighting, security, fire protection, and restroom facilities.

Will clarify post award.

7. Please define the expected scope of the post-design Environmental Assessment, including whether NEPA documentation, agency coordination, permitting support, environmental studies, and mitigation development are required.

Scope needs to be defined by engineering firm. Unknown at this time.

8. Please clarify which agencies must be included in pre-application meetings and whether the designer is responsible for permit applications or only permitting strategy and technical support.

Unknown at this time.

9. Please confirm that December 1, 2026 applies to the complete final 30% package, including VSA review, stakeholder comments, revisions, final report, cost estimate, and drawings.

Confirmed.

10. RFP page 3 states that “Confidential information shall be treated and handled in accordance with the Non- Disclosure Agreement executed between COMPANY and VCSFA as required by specific tasking and specified in Exhibit A.” Can you please provide the NDA for review?

Please see the attached Mutual Non-Disclosure Agreement

11. What is the landside terminus of the Scope of Work?

Interface to existing infrastructure.

12. Is permitting and NEPA compliance expected to be a part of this Scope of Work after the 30% design?

Yes, after the 30% is complete.

13. RFP states 30% Design Drawings shall be delivered to VSA no later than Dec. 1, 2026. RFP also states proposals shall remain valid for 60 days from 9/9/2026 (i.e. through Nov. 8, 2026). Please confirm whether the delivery date of Dec.

1, 2026 is correct.

Confirmed.

14. In order to submit a technically complete proposal, we respectfully request a two week (or alternatively a minimum of 1 week) due date extension for proposals. Please confirm if this is acceptable.

The proposal due date shall be extended to 9/17/2026 at 4:00 p.m. EST

15. What guidelines will be followed for the design, i.e. UFC criteria or specific design criteria for MARS?

Design criteria (30%, 60%, 90%, etc.) will be established by VSA along with contract company standards. Actual design code compliance will be driven by Virginia Building Code, ASCE, ASME, and other applicable code standards. This should be understood and known by design firm.

16. Is pricing required to be included for section 3 bullet "Optional Services to be Period"?

17. Under Section 3.3 (Environmental and Permitting Assessment), while not specifically a pre-application meeting for a permit, is it anticipated that initial agency/stakeholder meetings will also be held to better understand environmental requirements early in the process? For example, meetings with USFWS, NMFS, and VA SHPO related to Endangered Species Act (ESA) Section 7, Marine Mammal Protection Act (MMPA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), and National Historic Preservation Act (NHPA) Section 106.

VSA will require the contractor to provide requirements associated with environmental reviews. VSA will be integral in the definition though also reliant on the contractor to validate required environmental agencies are properly briefed.

18. Does VSA have any prior environmental documentation for this area (e.g., prior benthic surveys, consultations for ESA, MSA, MMPA, NHPA, etc.)?

No.

19. Given the project’s location on NASA Wallops Island, please confirm the preparation of the Environmental Assessment (EA) in accordance with National Environmental Policy Act (NEPA) will following NASA NEPA regulations/procedures? Further, are there any other federal agencies expected to be Cooperating Agencies for the

EA?

Unknown at this time.

20. For Milestone 4 (ICF Drawings), what is VSA’s expectation for “permitting support” under this milestone? Will support include identification of permits/approvals/timeframes required prior to construction that will be the responsibility of the Construction Contractor to obtain?

Construction Contractor will obtain permitting, Engineering firm will identify required permits and facilitate in county, federal, and environmental reviews of designs before implementation.

21. For Milestone 5 (Post-Design Environmental Assessment), has there been consideration of starting the NEPA process earlier (i.e., starting at 60% design) given the amount of time this process can take (i.e., up to 1 year for an NEPA

EA)?

Process will be determined by the Owner at a later date, not part of this scope.

22. Section 6 states the Contractor will be expected to include a "restroom if applicable". At this time, it is unknown if a restroom facility will be required or not - please confirm if the base price should include the design of a restroom facility for bidding purposes.

23. Is any historical geotechnical data available for the project site? If so, please provide the available reports, boring logs, laboratory test results, and related information.

No.

24. If no geotechnical information is available, can the geotechnical investigation be performed in the following two phases?

Phase 1: Perform a limited geotechnical investigation consisting of approximately five to six borings to obtain sufficient information to support a Class 4 or Class 5 cost estimate.

Phase 2: Once the preferred layout has been selected, perform a detailed geotechnical investigation to optimize pile depths, foundation design, and associated pricing.

This phased approach would help optimize the overall construction cost. A Class 4 estimate prepared without geotechnical data would require conservative assumptions and could result in an unnecessarily high estimated cost.

Provide bid option for Phase1, Phase2 will be a requirement of the construction contractor prior to procurement of the piles. Class 4 estimate can still be provided without full geotechnical. Uncertainty in the estimate is understood.

25. Is any historical geotechnical data available for the project site? If so, please provide the available reports, boring logs, laboratory test results, and related information.

Not at this time.

26. Will an additional parking lot/area be required landside of the proposed pier?

Yes, parking and landside improvements will be considered with the port development to support required machinery and proper access.

27. Please confirm whether the electrical utility point of connection will be located in the vicinity of the project site.

Additionally, indicate whether the utility service connection is anticipated to be made at an existing substation or through a pad-mounted switchgear. Please provide a one-line diagram and a utility site plan showing the point of connection and the electrical path from the utility source to the project site, if available.

Site plan will not be provided. Design shall be for a pad mounted transformer and switchgear that will tie into existing infrastructure. Will not be routed back to substation, will tie into existing infrastructure.

28. Section II.3.2 notes "Assess upland operational requirements, including long-term loads and bearing capacities."

What are the geographic boundary limits for the landside design interface? I.e. is the design limited to the bulkhead/immediate upland area, or is the intent to evaluate along the entire access corridor to Launch Complex 0/other MARS upland facilities?

Evaluation of the access corridor to existing roadways and landside improvements to accommodate that needs to be considered.

29. Will any project information constitute Controlled Unclassified Information (CUI)? Will the project provide CUI data to the contractor? Will the work product be considered CUI?

There is potential for proprietary and CUI information with the project.

30. Does Milestone 4 (Issue for Construction drawings) include bid support?

No, just final design documentation to initiate permitting and bidding independent of this contract.

31. Will the resulting contract be structured as lump sum/fixed fee or as time and materials/not-to-exceed?

Fixed firm price contract.

32. Section 19(e) of the Contract for Services states that the Contractor agrees to comply with all applicable requirements imposed on VCSFA by NASA. Could VCSFA provide a copy of, or a detailed listing of, the specific NASA-imposed requirements that apply to this agreement, so the Contractor can confirm its ability to comply with each prior to execution?

Please refer to the Site Safety and Health Plan on the Business page of the Virginia Spaceport Authority's webiste located at https://www.vaspace.org/business. Any other NASA-imposed requirements will be given during the badging process.

33. Attachment A requires a U.S. Person/export control certification. Is the 30% design scope itself expected to involve ITAR-controlled technical data, or does that only arise in later milestones (60%, 90%, IFC)?

No, ITAR controlled data is not anticipated in the current scope.

34. Attachment F references DFARS 252.204-7020 (NIST SP 800-171 DoD Assessment Requirements). Does this task order require a current SPRS score at proposal submission or at award? If Covered Defense Information is involved, does it trigger a specific CMMC level, and at which milestone would that requirement apply — the 30% design phase or later phases (60%/90%/IFC)?

Not applicable.

35. Will the work scope include environmental testing of sediments from borings off a barge that may required dredging? The samples would be used to determine disposal options as part of the permit?

Yes, the scope of work should include environmental testing of sediments.

36. Will the construction for this project be procured based on the conventional Design-Bid-Build approach, or will alternate methods such as Design-Build be used, with the 30% design being the basis of the bid?

Unknown at this time but paths are being evaluated, not applicable to this scope of work.

37. If construction is procured via alternate methods such as Design-Build, will the 30% design for be excluded from serving as the designer of record as part of the design-build team?

No, the 30% design team will have the availability to bid on future solicitations.

MUTUAL NON-DISCLOSURE AGREEMENT

THIS MUTUAL NON-DISCLOSURE AGREEMENT (this “Agreement”) is made and entered into as of , 2026 (the “Effective Date”) by and between the Virginia Commercial Space Flight Authority (or “Authority”), with offices located at 101 W. Main Street, Suite 602, Norfolk, Virginia 23510, and (or “Company”), with offices located at . The Authority is a political subdivision of the Commonwealth of Virginia. For purposes of this Agreement, the party disclosing or otherwise providing Confidential Information (defined below) shall be referred to as the “Disclosing Party” and the party receiving such Confidential Information shall be referred to as the “Recipient.” The parties acknowledge that the Authority is subject to compliance with such laws as the Virginia Freedom of Information Act (VA FOIA), VA CODE §§ 2.2-3700 et seq. and the Virginia Public Records Act, VA CODE §§ 42.1-76 et seq.

Accordingly, in consideration of such disclosure and the mutual promises herein, the parties agree as follows:

1. Definitions.

(a) “Authorized Use” shall mean the use identified in Section 10 of this Agreement.

(b) “Confidential Information” shall mean, subject to the exceptions set forth in Section 2(e), any and all information provided to Recipient by the Disclosing Party (whether orally, electronically, or by tangible Materials) that is designated as Confidential Information by the Disclosing Party at the time of disclosure, or by agreement of the parties.

Subject to the terms of this Agreement and the exceptions set forth in Section 2(e), any writing that is clearly labeled as “Confidential Information” (or equivalent) by the Disclosing Party shall be treated as Confidential Information. For all Confidential Information provided by a Disclosing Party to the Authority as Recipient, the Disclosing Party shall provide to the Authority a written description of the Confidential Information with specificity, and a request (x) invoking a VA FOIA exclusion; and (y) stating the reasons why protection from disclosure under VA FOIA is necessary. For information purposes only, Attachment A includes a copy of a portion of the VA FOIA. Confidential Information shall include, without limitation:

(1) technical information, product information, launch or launch support facility layout, design, equipment, etc., launch vehicle or payload design, etc., trade secrets, designs, data, know-how, formulae, compositions, processes, methods, graphs, samples, forms, inventions, discoveries, concepts, and ideas, existing client lists or prospective client lists, current and anticipated client requirements, pricing, fee structures, market studies, business plans or strategies, computer software or programs (including object code and source code), hardware, engineering systems, information processes, information technology structures and architectures, etc., and

(2) information concerning the business and affairs of the Disclosing Party, including historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, which has been or may hereafter be provided or shown to the Recipient by the Disclosing Party or by any Representative of the Disclosing Party or is otherwise obtained from review of Disclosing Party facilities, documents, or property, or in discussions with the Disclosing Party Representatives by the Recipient, irrespective of the form of the communication, and also includes all notes, analyses, compilations, studies, summaries, and other material prepared by the Recipient derived from, containing or based, in whole or in part, on the Confidential Information.

(c) “Materials” shall mean all memoranda, notes, records, drawings, manuals, disks or other documents or media (including all copies, extracts and summaries thereof) containing any Confidential Information provided to Recipient by the Disclosing Party.

(d) “Representatives” shall mean the directors, officers, shareholders, employees, agents, consultants, contractors, advisors or other representatives, including legal counsel, related government personnel, accountants, and financial advisors participating in the Authorized Use.

2. Limited Use.

(a) Recipient acknowledges and agrees that it is to be given access to the Confidential Information and Materials solely for purpose or purposes of the Authorized Use.

(b) Recipient shall:

(1) not use the Confidential Information for any purpose other than the Authorized Use;

(2) use reasonable efforts to protect from disclosure and to safeguard the confidentiality of the Confidential Information and to prevent disclosure thereof to third parties. Within thirty (30) days of the completion of the Authorized Use, Recipient may, if permitted by applicable law, destroy the Confidential Information and Materials, without retaining copies.

(3) limit its disclosure of the Confidential Information and Materials to its Representatives and employees who could reasonably be expected to have a legitimate need to know and to receive such Confidential Information and Materials in order to accomplish the Authorized Use, provided, however, that the Authority may incorporate Confidential Information provided to it in proposals, audit materials, or reports to the U.S. Government or Commonwealth of Virginia for the Authorized Use or as required by such government, subject to protecting the proprietary nature of the Confidential Information in accordance with the U.S. Government Federal Acquisition Regulations, or reasonable equivalent.

(c) The Recipient may disclose the Confidential Information to only those of the Recipient’s Representatives who require such material for the purpose of the Authorized Use, and who are informed of the confidential nature of the Confidential Information and the Materials, and agree to the obligations of confidentiality under this Agreement.

(d) The Recipient will not, and will cause the Recipient’s employees and Representatives to not, use any of the Confidential Information or the Materials in any way detrimental to the Disclosing Party, it being agreed that any use other than the Authorized Use is detrimental. The Recipient also agrees to be responsible for implementing the terms of this Agreement (x) as to the Recipient’s employees and Representatives, (y) to ensure the confidentiality of the Confidential Information, and (z) to make reasonable efforts to cause such employees and Representatives to comply with the terms and conditions of this Agreement and to prevent disclosure of the Confidential Information or the Materials.

(e) Exceptions. Notwithstanding the definition of Confidential Information set forth in Section 1(a), the term “Confidential Information” shall be deemed to exclude any information that:

(1) has been or shall be obtained by Recipient from a source independent of the Disclosing Party (and not under an obligation of confidentiality);

(2) is or becomes generally known to them or publicly available, other than as a result of an unauthorized disclosure by Recipient;

(4) is required to be disclosed, or authorized for disclosure, by the Disclosing Party;

(5) that was known to the Recipient prior to disclosure by the Disclosing Party; or

(6) is required to be disclosed by law.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY INFORMATION DISCLOSED HEREUNDER

TO THE AUTHORITY AS RECIPIENT THAT DOES NOT MEET THE REQUIREMENTS IN SECTION 1(b) FOR

DESIGNATION, LABELING, OR DESCRIPTION OF VA FOIA EXEMPTION SHALL NOT QUALIFY AS

CONFIDENTIAL INFORMATION AND SHALL BE AUTHORIZED FOR DISCLOSURE HEREUNDER.

3. Ownership. The Disclosing Party shall have sole and exclusive ownership of all right, title and interest in and to the Disclosing Party’s Confidential Information and Materials (including ownership of all copyrights, trade secrets, patents, etc., pertaining thereto), subject only to the rights and privileges expressly granted by the Disclosing Party in this Agreement for the Authorized Use.

4. No-License. Nothing in this Agreement shall oblige any party to make any particular disclosure nor shall give the Recipient any right, title, license or interest whatsoever in or to the Confidential Information, the Materials, or in or to any existing or future patents, patent applications, know-how, inventions, trade secrets, trademarks, copyrights, or other intellectual property of the Disclosing Party. Recipient agrees to refrain from obtaining or attempting to obtain any intellectual property rights that are based in whole or in part on the Confidential Information of the Disclosing Party.

5. Equitable Relief. Recipient agrees that, in the event of its breach of this Agreement, the Disclosing Party will not have an adequate remedy in money or damages. The Disclosing Party, therefore, shall be entitled, in such event, to obtain an injunction against such breach, including, without limitation, the breach Section 4 above, from any court of competent jurisdiction immediately on request. The Disclosing Party’s right to obtain such relief shall not limit its right to obtain other remedies.

6. Legal Proceedings. If the Recipient or any of the Recipient’s Representatives are requested or become legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand or similar process) or are required by a governmental body to make any disclosure that is prohibited or otherwise constrained by this Agreement, the Recipient or such Representative, as the case may be, will provide the Disclosing Party with prompt written notice of such request so that the Disclosing Party may seek an appropriate protective order or other appropriate remedy. Subject to the foregoing, the Recipient or such Representative may furnish that portion of the Confidential Information the Recipient is legally compelled to disclose or else would stand liable for contempt or suffer other material censure or material penalty.

7. Disclaimer. The Confidential Information is provided AS IS. Except as may otherwise be set forth in a signed, written agreement between the parties, the Disclosing Party makes NO REPRESENTATION OR WARRANTY as to the accuracy, completeness, condition, and NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, suitability or performance of the Confidential Information or Materials; the Disclosing Party shall have no liability whatsoever to Recipient resulting from its use of the Confidential Information and Materials.

8. Ongoing Restrictions. The obligations contained in this Agreement, including, without limitation, the requirement to keep the Confidential Information confidential according to Section 2(b)(2) shall survive according to its terms.

9. General. The interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Virginia, as it applies to a contract executed, delivered and performed solely in such state, and without regard to any conflict of law provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties only in the courts of the Commonwealth of Virginia, City of Norfolk or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Virginia, Norfolk Division, and each of the parties consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and hereby irrevocably waives any objection to such jurisdiction and venue. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. This Agreement may be executed in one or more counterparts, each of which will be deemed an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. Recipient shall not sell, transfer, assign, sublicense or subcontract (whether by contract or by operation of law) any right or obligation hereunder without the prior written consent of the Disclosing Party. The terms, obligations and conditions of this Agreement may be modified or waived only by a separate writing signed by the parties expressly modifying or waiving such terms, obligations or conditions. Any notice under this Agreement shall be in writing. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege. This Agreement contains the entire agreement between the parties with respect to the Confidential Information and supersedes, merges, and replaces all prior written or oral agreements, negotiations, offers, representations, and warranties with respect to the Confidential Information. No course of dealing between the parties, no usage of trade, and no parol or outside evidence of any nature shall be used to modify, interpret or supplement any provision of this Agreement.

10. Authorized Use: To use the Confidential Information solely to determine whether to enter into an agreement or other economic or contractual relationship between the Authority and Company relating to the discussion of

, with the Authorized Use expressly ending ( ) year from the Effective Date.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as set forth below.

Virginia Commercial Space Flight Authority Company

By: _________________________________

Printed Name: _________________________

Title: ________________________________

Date:________________________________

By: ____________________________________

Printed Name: ___________________________

Title: __________________________________

Date: __________________________________

Attachment A

The excerpt below of the VA FOIA was taken from the link below as of the date listed below, and is provided solely for informational purposes only, and not for reliance. A Disclosing Party should review the official statute for reliance or in making any decision regarding a disclosure of Confidential Information to the Authority. Other provisions of the VA FOIA may also be available.

VA CODE 2.2-3705.6

24. a. Information held by the Commercial Space Flight Authority relating to rate structures or charges for the use of projects of, the sale of products of, or services rendered by the Authority if disclosure of such information would adversely affect the financial interest or bargaining position of the Authority or a private entity providing the information to the Authority; or

b. Information provided by a private entity to the Commercial Space Flight Authority if disclosure of such information would (i) reveal (a) trade secrets of the private entity; (b) financial information of the private entity, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or otherwise; or (c) other information submitted by the private entity and (ii) adversely affect the financial interest or bargaining position of the Authority or private entity.

In order for the information specified in clauses (a), (b), and (c) of subdivision 24 b to be excluded from the provisions of this chapter, the private entity shall make a written request to the Authority:

(1) Invoking such exclusion upon submission of the data or other materials for which protection from disclosure is sought;

(2) Identifying with specificity the data or other materials for which protection is sought; and

(3) Stating the reasons why protection is necessary.

The Authority shall determine whether the requested exclusion from disclosure is necessary to protect the trade secrets or financial information of the private entity. To protect other information submitted by the private entity from disclosure, the Authority shall determine whether public disclosure would adversely affect the financial interest or bargaining position of the Authority or private entity. The Authority shall make a written determination of the nature and scope of the protection to be afforded by it under this subdivision.

§ 2.2-3705.6. Exclusions to application of chapter; proprietary records and trade secrets (virginia.gov)