BT-21-018_LAMS Revised JOFOC 80JSC021C0009.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

LYNDON B. JOHNSON SPACE CENTER (JSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For the Laser Air Monitor System (LAMS)

1. 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 for production of the Laser Air Monitor System (LAMS), which will be delivered to the Government for use on the Orion spacecraft in support of Artemis missions beginning with Artemis III. The LAMS contract will be an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with an ordering period through 2025. The LAMS contract is anticipated to provide Orion LAMS hardware through Artemis V and will provide the capability for the Government to order additional LAMS flight units, or components thereof, in support of other NASA Programs and Projects. Design, Development, Test, and Evaluation (DDT&E) and flight unit production of the LAMS to meet the capability requirements necessary to support Artemis II was procured through NASA’s current contract with Dynetics, Inc.

(NNH15CN79C) through the NextSTEP Broad Agency Announcement (BAA), NNH16ZCQ001K.

The Orion spacecraft, also known as the Multi-Purpose Crew Vehicle (MPCV), is the spacecraft that will serve as the exploration vehicle that will carry crew to space, provide emergency abort capability, sustain the crew during space travel, and provide safe re-entry from deep space return velocities.

The LAMS will measure oxygen, carbon dioxide, water vapor, temperature, and pressure within the Orion spacecraft accurately enough to detect unsafe levels of these elements in time to allow the crew to respond to fast changes in air composition in the Orion cabin.

2. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the Agency’s needs (including the estimated value): NASA’s current contract with Dynetics, Inc., requires DDT&E of the LAMS to meet the mission requirements through Artemis II with final acceptance testing occurring in September 2020.

The contemplated follow-on contract, the LAMS contract, will require the production of the LAMS to support the Agency’s Artemis missions, beginning with Artemis III, which is planned to launch in late 2024. Due to the production schedule of the Orion spacecraft, the LAMS flight unit is required to be delivered by early 2022 in order to meet schedule deadlines for Artemis III. Following delivery of the LAMS hardware, acceptance testing will need to be completed followed by integration of the LAMS into the Orion spacecraft. Given the heavily integrated nature of the LAMS within the Orion spacecraft, its integration is required early in the production flow, prior to integration of numerous other spacecraft components. Any potential delays in hardware delivery, acceptance testing, or the occurrence of any testing failures would delay the production of the Orion spacecraft for Artemis III. While the Artemis III LAMS unit production will leverage existing parts on hand from the Artemis II effort, the Artemis IV and V LAMS units will require the procurement of numerous long-lead items. These long-lead item procurements for Artemis

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IV and V must be authorized in early 2021 to maintain the launch schedules for Artemis IV and V. For all flight units of the LAMS, highly precise sensor calibration and software calibration are required to be performed by the contractor prior to delivery to the Government.

Based on the Government’s knowledge to-date, it is anticipated that the LAMS flight units flown on Artemis III, IV, and V will provide opportunity for refurbishment and reuse for subsequent Artemis missions. In the event refurbishment and reuse is not feasible, additional flight units may need to be procured.

The production of the LAMS will require the contractor to have a Capability Maturity Model Integration (CMMI) Level 3 Certification, AS9100 Certification / ISO9001 Certification, and ISO certified clean room facilities. The LAMS contractor will be required to provide any and all facilities and equipment required to meet the contract requirements. This would be expected to include custom sensor alignment equipment and custom sensor calibration equipment necessary to produce the highly precise LAMS hardware. The ability to obtain these certifications and facilities, if not already established, can take multiple years.

The guaranteed minimum value of this IDIQ contract is anticipated to be approximately $17.8 million. This guaranteed minimum value is associated with the production of the Artemis III LAMS flight unit, qualification unit, design modifications, and long-lead item procurements in support of Artemis IV and V. The anticipated not-to-exceed (NTE) value of this IDIQ contract is $90 million, which will allow the Government to order Orion LAMS hardware through Artemis V, including LAMS flight units for Artemis IV and V, as well as laser air monitor (LAM) sensor and circuit board spares. Additionally, this NTE value will allow the Government to order additional LAMS flight units, or components thereof, in support of other NASA Programs and Projects as needs are identified.

3. 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 10 U.S.C. 2304(c)(l), as implemented by FAR 6.302-1(a)(2)(ii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

This authority allows for other than full and open competition when supplies are deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in unacceptable delays in fulfilling the Agency’s requirements.

4. 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 contemplated LAMS requirement will be a follow-on contract for the production of the LAMS that was developed under contract NNH15CN79C. Final acceptance testing for the Artemis II design occurred in September 2020. Given the currently available LAMS DDT&E performance data under contract NNH15CN79C, the production lead-time for the Artemis III LAMS flight unit with the incumbent contractor is estimated to be approximately 10 months. This lead-time encompasses the time to incorporate necessary design modifications to the Artemis III LAMS design, build time, and the highly precise sensor calibration and software calibration that must be completed by the contractor. Following

BT-21-018, LAMS Revised JOFOC 3 delivery of the hardware to the Government, acceptance testing will be performed, followed by integration of the LAMS into the Orion spacecraft. As the LAMS is a heavily integrated component of the Orion spacecraft, its integration is required early in the production flow, prior to integration of numerous other spacecraft components. Any delays in hardware delivery, acceptance testing, or the occurrence of any testing failures would directly delay the production of the Orion spacecraft for Artemis III.

Based on the assembly and production timeline of the Orion spacecraft, the LAMS unit that will be integrated into the Orion spacecraft for Artemis III will need to be delivered to NASA by early 2022 in order to allow for acceptance testing and integration into the vehicle in support of the launch date for Artemis III.

While the Artemis III LAMS unit production will leverage existing parts on hand from the Artemis II effort, the Artemis IV and V LAMS units will require the procurement of numerous long-lead items. These long-lead item procurements for Artemis IV and V must be authorized in early 2021 to support the production schedule needed to maintain the launch schedules for Artemis IV and V. When considering the lead-time required for acceptance testing and integration of the LAMS into the Orion spacecraft production flow, the modified LAMS unit for Artemis IV is expected to be required for delivery to the Government by mid-to late 2022. Effective development, on-time delivery, and successful acceptance testing of the modified LAMS will be critical in order to avoid delays to the Agency’s launch date requirement for Artemis IV. Due to significant cost efficiencies expected to be gained from production synergies, it is anticipated that the flight units for Artemis IV and V will be produced simultaneously. Based on the Government’s knowledge to-date, it is anticipated that the LAMS flight units flown on Artemis III, IV, and V will be reused on three subsequent Artemis missions.

Due to the schedule risks associated with Artemis IV, as discussed above, a high level of quality and precision are absolutely necessary in performance of this contract in order to avoid any unacceptable delays in fulfilling the Agency’s requirements. Given the highly integrated nature of the LAMS within the Orion spacecraft, any delays in acceptance testing or testing failures would directly delay the production of the Orion spacecraft. Dynetics, Inc.

is the current incumbent contractor under contract NNH15CN79C and has designed, manufactured, and delivered the first flight unit of the highly specialized LAMS, which is currently in the process of completing qualification testing. Dynetics, Inc. has developed critical and unique knowledge during the design and manufacturing of this highly complex new technology. Throughout the DDT&E of the LAMS under contract NNH15CN79C, several engineering and software changes were incorporated to ensure that the safety-critical system met all of the performance requirements while simultaneously meeting all of the safety, quality, and reliability requirements for the main air composition monitor for Artemis II. Dynetics Inc.’s knowledge of these criticalities and changes is essential to future successful design and build requirements for the LAMS. In addition, sensor alignment and unit calibration of the LAMS must be completed by the contractor prior to delivery. The incumbent contractor has developed custom equipment and software, not owned by the Government, with the broad temperature and pressure ranges and accuracy required for the gas constituents in those ranges, in order to ensure successful sensor alignment and unit calibration for the LAMS. As the Government does not own this custom equipment, and equipment with such capabilities does not currently exist in the commercial marketplace, BT-21-018, LAMS Revised JOFOC 4 unacceptable delays in fulfilling the Agency's requirements would occur if a new vendor needed to establish equipment and software with these capabilities. Furthermore, the production of the LAMS will require CMMI Level 3 Certification, AS9100 Certification or ISO9001 Certification, and ISO certified clean room facilities. Given the market research performed, the Government is not aware of any vendors other than the incumbent that produce air monitors or lasers with the capability requirements of the LAMS that also have the aforementioned equipment, software, certifications, and facilities. The process for obtaining these capabilities would be expected to take a minimum of three years. Given the Government’s required delivery dates for the LAMS flight units and the production lead-times described above, the multiple year lead-time required for a new vendor to obtain these necessary capabilities would cause an unacceptable delay of at least three years in fulfilling the Agency’s launch manifest requirements. As the design for the LAMS flight unit produced in support of Artemis II was not considered complete until the flight unit was delivered and acceptance testing was performed in September 2020, this procurement for the production of the LAMS flight units starting with Artemis III could not have been performed sooner to mitigate these schedule risks.

5. 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:

Pursuant to FAR 5.201(b)(1); Synopses of Proposed Contract Actions, General; the proposed contract action was synopsized via the Government Point of Entry (GPE). The website for the GPE is located at https://beta.sam.gov.

A Sources Sought Synopsis was posted on November 14, 2019, and closed on December 2, 2019. The Sources Sought Synopsis included a request for all interested parties that believed they were capable to perform the work submit an expression of interest. One response was received, which is discussed in section 7, below.

A pre-solicitation synopsis was posted to the GPE on February 14, 2020, and closed on March 2, 2020. This pre-solicitation synopsis provided notification of the Government’s intent to procure the LAMS requirements on a sole-source basis from Dynetics, Inc. and included a statement that all responsible sources may submit a written capability statement which shall be considered by the Agency. No responses were received.

6. 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 cost and price analysis was performed in accordance with FAR 15.404-1(a)(3), Proposal Analysis Techniques, to evaluate the reasonableness of individual cost elements and to verify that the overall price was fair and reasonable. Dynetics, Inc. submitted a proposal that was evaluated and will be negotiated by the Government. The proposed cost and price was compared to an Independent Government Estimate. In addition, historical data established under the current contract, NNH15CN79C, was used for cost comparisons, when applicable. 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.

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

BT-21-018, LAMS Revised JOFOC 5 proposed acquisition was conducted to assess if sources other than Dynetics, Inc. exist which could fulfill the Government’s requirements for the LAMS. This market survey included discussions with knowledgeable NASA personnel regarding requirements and potential sources, a review of internet sources for relevant information, and publication of Sources Sought Synopsis, which was posted to the GPE on November 14, 2019. The Sources Sought Synopsis allowed industry to express interest in competing in the contemplated acquisition.

NASA received one response, which was the incumbent contractor, Dynetics, Inc., as a result of the Sources Sought Synopsis posted on November 14, 2019.

Dynetics, Inc.’s response provided information concerning its capabilities, licensing, facilities, unique knowledge, and certifications in place that are necessary to complete the LAMS requirements. As the incumbent contractor, it will meet all licensing and certification requirements and will be capable of transferring the unique knowledge gained during the DDT&E phase. It also provided information about its established supply chain in order to meet the Government’s schedule requirements for Artemis III and Artemis IV. With supply chain processes and knowledge already in place, there will be a lesser potential for schedule delays than would be expected if the requirements were to be fulfilled by any other vendor.

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

a. FAR 6.303-2(b)(9)(i) – Explanation of why technical data packages, specifications, engineering description, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not applicable: Not applicable.

b. FAR 6.303-2(b)(9)(ii) – When 6.302-1 is cited for follow on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived: Not applicable.

c. FAR 6.303-2(b)(9)(iii) – When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government: Not applicable.

9. 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, a Sources Sought Synopsis was posted to the GPE on November 14, 2019. This notice requested potential sources to express their interest in the LAMS requirements, which would require reproducing the LAMS developed under the current LAMS contract based on government-provided data. One written response was received from the incumbent contractor, Dynetics, Inc.

10. 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: NASA does not currently anticipate any production requirements for the LAMS in support of the Orion Program beyond the Artemis V mission based on the Government’s knowledge to-date regarding planned reuse and refurbishment.

In the event refurbishment and reuse is not able to be executed according to this plan, additional flight units may need to be procured from Dynetics, Inc. during the ordering

BT-21-018, LAMS Revised JOFOC 6 period of the contract in order to support additional Artemis missions. Additionally, there is a potential the Government may need to procure additional LAMS flight units, or components thereof, in support of other NASA Programs and Projects. NASA will continue to assess the marketplace to identify any new technologies that are being investigated or used by NASA, other Government entities, including international entities, that have the capabilities necessary to fulfill the Government’s requirements for an air monitor system to be utilized beyond the ordering period or not-to-exceed value of this IDIQ contract. At such time, NASA will consider alternate procurement approaches to leverage any available solutions that could meet NASA’s requirements.