ESOC JOFOC - Mod 396.pdf

Rev.:4/2023

National Aeronautics and Space Administration (NASA)

Johnson Space Center (JSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For NNJ10TB01C Extra Vehicular Activity (EVA) Space Operations Contract

(ESOC)

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 “JOFOC:

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

NASA JSC.

The procuring Agency is NASA and the contracting activity is JSC.

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 an extension to contract number NNJ10TB01C with Hamilton

Sundstrand Space Systems International (HSSSI) [also doing business as Collins Aerospace] for the International Space Station’s (ISS) Extra Vehicular Activity (EVA) Space Operations

Contract (ESOC) through September 30, 2030. The ESOC’s current period of performance is October 1, 2010, through September 30, 2024. NASA JSC plans to issue a Cost-Plus

Award-Fee (CPAF) contract modification for HSSSI to continue to perform mission planning and real-time operations support, integration, verification, sustaining engineering, and logistics support of the ISS vehicle’s EVA system through the extended duration of ISS

(in 2030). With this approval, NASA JSC plans to extend the current contract’s base period by three years, with three 1-year options, which would increase the total period of performance by six years, i.e., from October 1, 2024, through September 30, 2030.

This period of performance takes into consideration the development of the new suits under the Exploration Extravehicular Activity Series (xEVAS) contract, which will take a minimum of three years of development, as well as the possibility of using a mixed fleet of suits while further suits are manufactured under the xEVAS contract. NASA has procured commercial services for the next generation spacesuit and spacewalk system through the xEVAS contract; the prime contractors on xEVAS are Collins Aerospace Inc.(HSSSI also does business as Collins) and Axiom Space Inc. NASA will be using this planned extension of ESOC during the development and manufacture of the xEVAS new spacesuit and spacewalk system to maintain the ISS crew’s ability to safely perform tasks outside of the controlled environment of the ISS.

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):

ESOC provides consolidated, integrated EVA Space Operations Program support, which includes operational support (including hardware provisioning and replacement), sustaining engineering, EVA hardware enhancement, mission/increment planning, on-orbit EVA operations support, processing of EVA hardware, integration of EVA requirements, and

Safety & Mission Assurance (S&MA) and Quality programs for EVA hardware.

This contract extension will enable the ESOC contractor to continue providing EVA system supplies and services needed to support both the basic operation of ISS and the ISS research program, which advance knowledge and provide benefits to the nation. This extension will also help to maximize the cost effectiveness of long-term space exploration and utilization activities by maintaining the capability of ISS repairs through EVAs, and thus contribute to supporting human exploration beyond low-earth orbit by supporting ISS, which functions as a test execution environment configured for research data and technology development.

The essential functional elements that are currently being performed in support of the ISS

Program under ESOC include:

a. Legacy EVA hardware systems sustaining engineering, including provisioning of

Extravehicular Mobility Unit (EMU) hardware and EVA tools and crew aids, anomaly analysis and resolution, and real time mission support (for the purpose of this contract, the term EVA hardware systems includes all items, software, or devices that can be used to support EVA flight and training events);

b. Hardware integration and mission planning;

c. Flight-to-flight processing and outfitting of legacy EVA flight hardware systems;

d. Event-to-event processing and outfitting of legacy EVA training hardware systems;

e. Design, development, certification and production of hardware and software to support the legacy EVA system requirements for the ISS Program; and

f. Implementation of the assured EMU availability life extension program for extension of certified EMU life support systems component.

The legacy EVA system consists of an inventory of EMU spacesuits, tools, and crew aids used by astronauts to perform on-orbit assembly, service, and repair in support of the ISS

Program and associated scientific payloads. The EMU space suit is a small, self-contained spacecraft, comprised of the life support system and the space suit assembly, which allows the crew to safely perform tasks outside of the controlled environment of the ISS. The EMU is classified as a Criticality 1 system (risk of loss of life).

If HSSSI were unable to provide critical maintenance on the EMU, over time this would lead to a loss of the EMU function leading to an inability to provide external repairs to ISS, which could potentially lead to a loss of critical functions. Failure to perform, or a delay in performing, these critical functions would place the mission and crew at risk.

The period of performance for this contract extension will be six years, with a three-year base and three (3) 1-year options, from October 1, 2024, through September 30, 2030.

The estimated value of the six-year extension period is $811 million (including an

Indefinite- Delivery Indefinite-Quantity (IDIQ) component), which includes hardware development, sparing procurements, sustaining engineering, and logistics services to enable utilization of the EVA system for the ISS through September 30, 2030 (inclusive of all options).

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 10 U.S.C. 3204(a)

(1), as implemented by FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements.”

FAR 6.302-1(a)(2)(iii) states that full and open competition need not be provided when

“services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services.” These exceptions are applicable when it is likely that award to any other source would result in “substantial duplication of cost to the Government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the Agency’s requirements,” as is the case with ESOC.

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 rationale supporting the use of 10 U.S.C. 3204(a)(1) is that awarding to any other source would result in “substantial duplication of cost to the Government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the

Agency’s requirements” as described below.

The original EVA system requirements for the Space Shuttle Program were procured utilizing full and open competition. The resulting contract was awarded to HSSSI in 1977.

The ISS Program uses the same EVA system that was used on the Space Shuttle Program.

Subsequent contracts and contract extensions were issued on a sole-source basis to HSSSI in

1988, 1997, 2004, 2010 (which was the year ESOC was awarded) and 2020. HSSSI is the only company that possesses the complete set of unique capabilities and the expertise required to provide an end-to-end solution for the legacy EVA system flight-to-flight and event-to-event processing and sustaining engineering necessary for the additional years of

ISS operations. These unique capabilities and expertise enable HSSSI to provide the necessary highly specialized products and services to meet critical Agency requirements.

Award of NASA’s requirements to a new contractor would require development and certification of EMU processes and procedures necessary to sustain the EMU, which functions as the ISS vehicle’s legacy EVA system. A new contractor would have little to no prior experience and would be required to design, build, and certify EMU ground support equipment. Soliciting offers and completing the proposal evaluation process on a large procurement takes at least one year. After award of a contract, the activities to design, build, and certify would require an estimated minimum of three years to be able to fully support the legacy EVA system, with an estimated cost of $123 million ($41 million for developing and certifying processes and procedures; $82 million for highly specialized EMU test stands and test rigs). The magnitude and complexity of the hardware and data associated with the legacy EVA system would require an incoming contractor to spend months reviewing available data to ensure understanding of what data is needed and the completeness of the data received. Additionally, HSSSI would need to be available to address questions associated with the specialized processes and procedures related to the legacy EVA system for a substantial length of time. The potential need for such services could result in various requests for equitable adjustment or the need for an additional contract or extension with the current ESOC contractor.

Additionally, to accommodate a new competitive acquisition, the current ESOC would still need to be extended in parallel with the award of a new contract for a minimum of four years, to enable the competition, transition, and provide continued support to the EVA system to ensure no interruption to safe ISS operations.

Finally, in May 2022, NASA awarded the xEVAS contract to Collins Aerospace and

Axiom Space, which provides end-to-end commercial EVA services to enable NASA’s ability to execute EVA activities in microgravity and partial gravity from ISS, Gateway, Landers, Surface Vehicles, Habitats, Transit Vehicles, etc.; as well as future advanced

EVAs to support NASA’s human spaceflight programs to future destinations. The xEVAS contract is scheduled to be fully capable of assuming all EVA requirements from the

ESOC contract in April 2027; however, there is a possibility of a mixed fleet of suits

(EMU and xEVAS) starting in April 2026.

For the reasons articulated above, awarding the ESOC requirements to another contractor would result in a substantial duplication of costs ($123 million) to the Government that is not expected to be recovered through re-competition. Likewise, due to the technical complexity of the hardware and data, transferring the requirements to another contractor could result in unacceptable delays in NASA’s EVA system being flight ready to meet the

Agency’s critical needs.

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:

A notice to the Government Point of Entry (GPE) website (Sam.gov) was published on

January 17, 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award a sole-source extension to NNJ10TB01C with HSSSI.

The results of this synopsis are summarized in Section 10 below.

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 they have determined that the anticipated cost to the Government will be fair and reasonable. HSSSI shall be required to submit a proposal, which will be evaluated and negotiated by the Government.

Prior to execution of the modification to extend the contract, the Agency will perform a proposal analysis to ensure that the final agreed-to price for the contract action is fair and reasonable.

In order to demonstrate that the Government has received a fair and reasonable price, HSSSI will be required to provide the Government with cost and pricing data in accordance with

FAR 15.403-4, and will be required to provide a certificate of current cost or pricing data in accordance with FAR 15.406-2. In addition to the technical evaluation that will be developed by the requiring technical organizations, the ISS Assessments, Cost Estimating, and

Schedules Team (ACES) has prepared an Independent Government Estimate of the requirement that will be reviewed by the NASA Enterprise Pricing Office. The Government has successfully negotiated five contracts and contract extensions with HSSSI for the same or similar contract scope. Based upon historical pricing information and the data and resources available to the Contracting Officer (to include audited rates with the prime contractor), it is anticipated that the Government will be able to negotiate a fair and reasonable price for these services.

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:

A non-competitive synopsis was issued on January 17, 2023, with a closing date of February

16, 2023, that serves as a market survey for the proposed contract extension. As a result of this market survey, no company expressed any interest in or capability to perform this work, nor has NASA identified any company with the ability to acquire the skills and knowledge necessary to perform the critical and complex activities associated with this contract extension in the required timeframe.

Furthermore, the Agency contacted the AbilityOne Program to ascertain if this program would be able to fulfill the Government’s requirements. AbilityOne responded that due to the technical nature of the requirements, it would not be able to fulfill these requirements, and

AbilityOne did not recommend adding its subcontracting language to the Request for

Proposal for the contract extension.

Additionally, the Government queried the NASA Strategic Sourcing Searchable Repository and found two contracts with similar scope: NNK17LA17B East Coast Commercial Payload

Processing-4 and 80KSC019D0027/80KSC019D0028/80KSC019D0029/80KSC019D0030/

80KSC019D0031 Cubesat 3. However, upon review of the scope of work for each of these contracts, neither contract would be able to completely fulfill the Government’s current requirements.

Using the methods listed above, NASA has not identified any company with the ability to acquire the skills and knowledge necessary to perform the critical and complex activities associated with this contract in the required time period.

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:

A notice of NASA’s intent to award this sole-source action was synopsized on the GPE website (Sam.gov) per FAR Subpart 5.2 (See Section 6 above). The ESOC extension synopsis was posted on January 17, 2023 and closed on February 16, 2023. No potential firms responded to this synopsis expressing an interest in performing this work.

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 intent of this contract action is to procure uninterrupted legacy EVA services until an alternative provider for EMU/EVA services, such as xEVAS, demonstrates the full operational capability and ability to provide all the EVA services needed for NASA to maintain the capability to perform EVAs with the use of contractor-provided spacesuits, tools and equipment, vehicle interfaces, and support to training and real-time operations, without the use of the legacy EVA services. The xEVAS contract provides end-to-end commercial EVA services to enable NASA’s ability to execute EVA activities in microgravity and partial gravity from ISS, Gateway, Landers, Surface Vehicles, Habitats, Transit Vehicles, etc., as well as future advanced EVAs to support NASA’s human spaceflight programs to future destinations. The xEVAS contract was awarded on May 31, 2022, while the Delivery Orders for Axion Space and Collins Aerospace were signed on

September 2, 2022, and December 7, 2022, respectively.

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.