Class Justification and Approval for NSSL Phase 3 Lane 2 Early Integration Studies_Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

Justification and Approval (J&A) for Other Than Full and Open Competition historical launch vehicle development timelines and an Aerospace study, the USSF estimates it would take 6.75 years to develop a new launch vehicle, which would unacceptably delay the launches of critical payloads.

ii. Hence, award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements.

C. FAR 6.302-1(b)(1) states that it may be appropriate not to pursue full and open competition where, for DoD, unique services are available from only one or a limited number of sources with unique capabilities.

i. EIS is unique to each potential LSP and its launch vehicle system. As the sole owner and manufacturer of its launch system, that potential LSP possesses the specific knowledge and unique capabilities to perform EIS because the assessment is based on its own unique launch vehicle. Moreover, EIS requires launch vehicle information that is owned and produced by the respective LSP. This proprietary information is needed for an in-depth analysis into the trajectory and/or mission design, the launch vehicle (LV)/space vehicle (SV) coupled launch loads environment, and the integrated LV/SV thermal environment.

ii. In conclusion, given the unique capabilities of each launch system, the Government is limited to procuring those assessments from the LSP rather than pursuing a full and open competition.

D. For the reasons stated in this Section, the USSF’s need for EIS for missions projected to be ordered in FY25 and FY26 of the Phase 3 Lane 2 contracts are available from only a limited number of responsible sources and no other type of services will satisfy this requirement. As such, full and open competition need not be provided for.

V. Description of 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 FAR 5.202 applies.

A. As detailed in Section VII, the Government held a multitude of industry engagements to ensure industry’s awareness, interest, and participation in the Phase 3 procurement. This engagement started in August 2021 and will continue until the release of the Lane 2 solicitation (projected in 3Q FY23).

B. For the EIS, the Government notified industry on 16 February 2023 of its intent to procure EIS from potential Lane 2 offerors. This notice was posted on SAM.gov and: (1) provided the draft solicitation for Lane 2; (2) informed industry of the Government’s intent to procure EIS from potential Lane 2 offerors;

and (3) requested those offerors submit a Statement of Intent (SOI) by 9 March 2023 to initiate a certification plan for their proposed launch system. The Government notified industry again of its intent to procure EIS and request for SOIs on 28 February 2023 at the Phase 3 Industry Day. The Government will post a notice of proposed contract action (NOCA) to SAM.gov of the Government’s intent to sole source immediately after the approval of this class J&A.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer anticipates the price for this effort will be fair and reasonable. After the Government’s technical and price evaluations of the contractor’s proposal, the Contracting Officer will determine whether the price is fair and reasonable and document the basis for that determination. The Contracting Officer will determine reasonableness based on a review and reconciliation of available