The Aerospace Corporation - JOTFOC.pdf

Procurement Request (PR) No. DTRT-RVT-32-1029

DEPARTMENT OF TRANSPORTATION

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

VOLPE NATIONAL TRANSPORTATION SYSTEMS CENTER (VOLPE CENTER)

SYSTEM BUSINESS DESIGN AND DEPLOYMENT DIVISION, RVT-32

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

PART I - TECHNICAL SUPPORTING DATA

Recommend that negotiations be conducted with The Aerospace Corporation (Aerospace), a nonprofit Federally Funded Research and Development Center (FFRDC), on a non-competitive basis for award of a contract in an amount estimated to be $5,000,000 over five (5) years. The supporting data for this recommendation are as follows:

A. Description of Supplies/Services

The Volpe National Transportation Systems Center (Volpe Center) seeks to acquire ongoing space-related technical support services for its research and analyses of the diverse, complex safety and licensing/permitting technical issues associated with the emerging commercial space transportation industry.

At a minimum, the proposed acquisition requires the contractor to have space-flight-related experience in the areas listed below, related databases, and staff with experience and skills in the following mission-related topics and technical areas:

• Spacecraft Systems including design, operation, and maintenance of structures, instrumentation, tracking, navigation & control, trajectories, communications, propulsion systems, propellants, environmental impacts

• Spaceports including launch & reentry characteristics, weather, cargo handling, security, location, transportation access, hazardous material handling & storage, environmental impacts

• External Operating Environments including Space and Terrestrial Weather monitoring, prediction, & impacts on vehicles and human occupants; operating conditions, radiation, communications blackout

• Human Health, Welfare, & Interfaces, including performance, fatigue, decision-making

• Risk, Probability of Failure, and Hazard Analyses

• Standards & Guidance Development, and Regulatory Technical Support

• Permitting, Licensing, Certification, and Training Issues including criteria, financial responsibility, liability & insurance, crew & vehicle certification, compliance monitoring

• National and International Policy and Stakeholder Issues including coordination & cooperation, treaties, emergency preparedness & planning

• Quick Reaction/Ad Hoc Assessments and Recommendations

Examples of the types of technical task and research areas that have been or are being addressed are listed below in Section B.1.

B. Background

1. The Volpe National Transportation Systems Center (Volpe Center) is supporting the Federal Aviation Administration (FAA) Office of the Associate Administrator for Commercial Space Transportation (AST) in conducting research and risk analyses on regulatory, technical, and operational issues related to commercial space transportation rulemaking, standards, permitting, and licensing; preparing for the integration of commercial space operations with the regulated National Air Space (NAS) and its Next Generation (NextGen) system; performing impact analysis of commercial space transportation issues and potential rulemaking actions; participating in analyses leading to the development of proposed standards, guidelines, rules, and final rules; as needed assisting with public meetings and public hearings preparation, conduct, and comments disposition; and providing other commercial space-related technical and rulemaking support.

In performing this mission for AST for the past 11 years, the Volpe Center has relied heavily on the broad-based space-related technical expertise, data repositories, and launch experience of Aerospace.

There is an ongoing and continuing need for Aerospace to support the Volpe Center by providing objective research, analysis, and technical input to the safety oversight issues for commercial space transportation industry technical and operational issues, risk analysis, licensing, permitting, standards, guidelines, and potential regulations development. The Volpe Center’s need for Aerospace’s technical services will continue for at least the next five years as the Volpe Center continues to aid the FAA AST in its safety oversight of the emerging commercial space industry.

Under the current contract, Aerospace has supported the Volpe Center in conducting safety studies, research, and analyses in the diverse, interrelated technical areas reflected by the following tasks:

• Development of a sample experimental permit application

• Methodology for estimating maximum probable loss for permitted experimental rockets

• Commercial space transportation liability risks sharing regime in the U.S.

• Spaceport and flight risk analyses & potential overflight explosive impacts

• Protection of aircraft and ships from reentering space objects

• Characterizing reusable launch vehicle probability of failure using test results

• Risk assessment of natural and triggered lightning

• Space weather biological and system effects

• Temporal & high altitude winds trajectory impacts

• Modeling parachute impact point prediction

• Commercial human space flight participant biomedical data collection

• Shift work effects on human performance and implications for regulating crew rest/duty

• Noise monitoring models and their applicability to the commercial space industry

• Analysis of tethered flight systems

• Climate and ozone impacts of hydrocarbon rocket propulsion systems

• Hazard assessment for new non-toxic monopropellant

• Reentry radio frequency blackout analyses & space vehicle black box requirements

• Effects of suborbital flights on composite launch vehicles

2. This new contract will be a continuation of a current effort of technical support for the diverse commercial-space-related technical research and safety areas above described. The current non-competitive $4 million Aerospace contract, DTRT57-05-D-30103, was awarded on May 10, 2005 with the ordering period of five (5) years. A contract modification was issued on March 31, 2010, which extended the ordering period for an additional six (6) months until November 9, 2010 and requires that all task orders be completed by May 8, 2011. A previous non-competitive $3.7 million Aerospace contract, DTRT57-99-D-00062, was awarded on August 10, 1999 and had an ordering period through August 9, 2004. A contract modification was issued on July 20, 2004, which extended the ordering period for an additional six (6) months to February 9, 2005. Each contract allowed the contractor to perform work for an additional 12 months beyond the end of the ordering period.

(a) Both previous contracts had a scope of work encompassing the same areas listed in Section A and were awarded non-competitively under FAR Clause 6.302-3(a)(2)(ii) to Aerospace because of its unique capabilities as an FFRDC that was specifically chartered by the U.S. Government to perform aerospace research.

For more than 11 years, Aerospace, because of its FFRDC status, has provided the Volpe Center with Aerospace’s uniquely diverse, space-related technical skills, impartial research results, not-generally-available data obtained through its military and National Aeronautics and Space Administration space projects, and studies based on data from private companies’ proprietary databases not accessible to the Government that has benefited the Volpe Center’s commercial space transportation research and analyses.

(b) Despite her extensive experience performing economic analyses, the technical initiator cannot estimate the cost that would be duplicated in processing an award to another source since Aerospace possesses a unique combination of relevant space-related experience, skills, and databases that is not available elsewhere.

3. Statements of work, technical data packages, specifications, or engineering descriptions suitable for full and open competition have not been developed, because the specific tasks necessary to support the Government’s commercial space transportation safety oversight are not predictable since the commercial space transportation is a new and evolving industry with diverse, complex technical issues.

C. Circumstances Requiring the Use of Other Than Full and Open Competition

It is requested that this contract be awarded non-competitively for the following reasons:

1. FAR Clause 6.302-3(a)(2)(ii):Industrial mobilization; engineering, developmental, or research capability; or expert services states: “Full and open competition need not be provided for when it is necessary to award the contract to a particular source or sources in order -- to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.

The authority applies as described below:

Under FAR 6.302-3 (b)(2)(i), this authority may be appropriate when it is necessary to “Establish or maintain an essential capability for theoretical analyses, exploratory studies, or experiments in any field of science or technology;” or FAR 6.302-3 (b)(2)(ii) “Establish or maintain an essential capability for engineering or developmental work calling for the practical application of investigative findings and theories of a scientific or technical nature,” or FAR 6.302-3 (b)(2)(iii) contract for supplies or services as are necessary incident to FAR 6.302-3 (b)(2)(i) or (ii).

In order to meet its transportation safety mission, the Volpe Center needs to maintain Aerospace’s essential capability for theoretical analyses in, exploratory studies, and experiments, as well as the its practical application of investigative findings and scientific theories to commercial space transportation safety studies and to employ its services in applying these capabilities. The Volpe Center relies on Aerospace’s capabilities, as delineated in the preceding sections, to support the conduct of diverse commercial space transportation safety analyses and to obtain needed data from Aerospace’s extensive space flight databases. Without Aerospace’s support, Volpe Center’s aerospace engineering staff would not have sufficient skills or resources to fulfill the Volpe Center’s broad technical support needs for the FAA’s Commercial Space Transportation safety program. This program provides FAA AST with critical technical input and data for its commercial space industry safety oversight and regulation decisions.

Aerospace is a unique independent nonprofit entity that was established as an FFRDC in 1960, as well as is sponsored by and funded by the U.S. Government, specifically to meet its long-term civil and commercial aerospace technical needs that cannot be met by any other single organization. Aerospace has 50 continuous years of experience in assisting the military and intelligence communities in the development and acquisition of our nation's critical defense space assets and in supporting civilian government agencies with technology and software skills supporting their space ventures.

Aerospace’s existence as a nonprofit FFRDC, used primarily for Government projects, has facilitated an environment free from conflicts of interest and biases toward specific commercial space companies, products, and services. This freedom is an essential requirement for supporting Volpe Center safety-related analyses, which are used by FAA Office of Commercial Space Transportation in its oversight and regulation of the emerging commercial space industry. Aerospace has demonstrated its non-advocacy independence for 50 years in supporting programs sponsored by the U.S. military and NASA, and more recently, the Volpe Center. Aerospace provides synergy amongst the space studies of various Government agencies that benefits commercial space transportation analyses and contributes to public safety.

Additionally, the Volpe Center’s support to AST has required and currently requires the handling of industry or corporate proprietary data. To support this need, Aerospace has the ability to as well as has a history of acquiring access to sensitive and/or proprietary data needed to conduct its studies though such data may not be accessible to government entities. Aerospace also has a unique capability and a proven track record for successfully integrating and protecting such information on its programs. Companies trust Aerospace to employ their data for scientific research without releasing it or only presenting it in a non-proprietary aggregated form. In March 2010, Aerospace was named one of the World’s Most Ethical Companies by the Ethisphere Institute.

For example, organizations have developed confidence in Aerospace that has made them willing to share such data, which Aerospace may de-identify and/or combine to prevent exposure. Aerospace, through its experience in managing a non-commercial FFRDC, has a unique capability and a proven track record for successfully integrating and protecting such information on its programs, a quality the Volpe Center and its AST sponsor have needed on previous occasions and continue to need.

D. Market Research

Ruth Hunter, an Aerospace Engineer and the technical initiator, conducted extensive Internet searches of the aerospace industry, as well as other FFRDCs and National Laboratories, over a period of several weeks during the third quarter of FY 2010, to ascertain whether any other organization might have the objective, broad range of applicable skills and resources to support the Volpe Center’s commercial space transportation program, as well as not have any conflicting business interests. There are no other entities that have all of the skill sets, experience, and databases necessary to meet the Volpe Center’s minimum requirements. The only organizations found that might have some of the broad-based integrated commercial space transportation technical skills required are organizations with business interests in the industry that would be affected by the Government’s potential regulation, licensing, and permitting actions.

E. Steps to Foster Competition (or Consideration)

As stated above, Aerospace is the only entity capable of performing commercial space transportation technical and industry analyses free from organizational conflicts of interest, in the public interest, and with objectivity and independence. Therefore, there are no steps to be taken to foster competition. However, with the approval of the Government, Aerospace may perform limited subcontracting with universities, companies, subject matter experts, and other non-profit organizations to augment its own staff’s skills or to provide independent verification of its analyses in specific technical niche areas.

F. TECHNICAL OFFICE CERTIFICATION:

The requirement set forth is initiated to satisfy a recognized Government need. As applicable, the plans, drawings, specifications, and statement of work are limited to state the minimum needs of the Government as described in Part I, Part A. I certify that the above information which serves as the basis for the justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.

ORIGINAL SIGNED BY 11/30/2010

Ruth A. Hunter Date Technical Initiator, RVT-32

Concurred By:

ORIGINAL SIGNED BY 11/30/2010

Regina Y. Houston, Chief Date System Business Design and Development Division

PART II – CONTRACTS SUPPORTING DATA

A. Description of the Procurement Action — This action is a follow-on procurement of a contract that was awarded by the Volpe Center to The Aerospace Corporation on May 10, 2005, Contract No.

DTRT57-05-D-30103. This Procurement Action will be awarded as a new contract. The new contract will be an indefinite-delivery/indefinite-quantity (ID/IQ), cost-plus-fixed-fee type contract, with the ability to issue term-type task orders and completion-type task orders. The award be made using FAR Part 15, and will not be made under the FSS, nor as a commercial item purchase using SAP under FAR Part 13.5 test program.

B. Authority — 41 U.S.C. 253(c)(3), as implemented by FAR 6.302-3(a)(2)ii — Industrial mobilization;

engineering, development, or research capability; or expert services.

C. Efforts to Obtain Competition — A synopsis is not required in accordance with FAR 5.202(a)(10).

D. Fair and Reasonable Cost — The signature of the Contracting Officer provided below represents a determination that the amount to be paid for this contract will be fair and reasonable. The contractor will be required to submit detailed cost and pricing information with its proposal. The Contracting Officer will conduct the necessary cost and price analysis on this information either to confirm the fairness and reasonableness of the amount proposed, or to establish the Government’s objective position for purposes of entering into negotiations with the contractor to obtain agreement on a fair and reasonable amount for the resulting contract. This process will be appropriately documented in the contract file.

E. CONTRACTING OFFICER CERTIFICATION:

I certify that the justification is accurate and complete to the best of my knowledge and belief.

ORIGINAL SIGNED BY 11/30/2010

Elizabeth A. Segal Date Contracting Officer

PART III - REVIEW AND APPROVAL SIGNATURES

REVIEWED FOR LEGAL ORIGINAL SIGNED BY 11/30/2010

SUFFICIENCY: __________________________ ______________

Volpe Center Date Office of Chief Counsel

ORIGINAL SIGNED BY 12/03/2010

CONCURRED BY: __________________________ _______________

David S. Scali Date Chief, Acquisition Division Volpe Center

ORIGINAL SIGNED BY 12/07/2010

APPROVED: __________________________ _______________

David Ishihara Date Deputy Associate Administrator for Operations, Volpe Center

SYSTEM BUSINESS DESIGN AND DEPLOYMENT DIVISION, RVT-32