07_Attachment_4_EELV_Phase_2_Acceptance_Criteria.docx

Evolved Expendable Launch Vehicle (EELV) Phase 2 Launch Service Procurement

FA8811-19-R-0002

Attachment 4 Launch Service Acceptance Criteria

3 December 2018

PRE-DECISIONAL

Launch Service Acceptance Criteria FA8811-19-R-0002

PRE-DECISIONAL

1. Introduction This Launch Service Acceptance Criteria (LSAC) attachment defines the acceptance criteria for all National Security Space (NSS) Launch Services under this contract.

1. Organizational Responsibilities The Director, Launch Enterprise Systems Directorate (SMC/LE): The SMC/LE Director will consider the Contractor’s reports and other pertinent data, and determine whether the Contractor has met the acceptance criteria as outlined in the LSAC.

Procuring Contracting Officer (PCO): The PCO is the liaison between Contractor and Government personnel and executes the LSAC. The PCO reviews and implements the SMC/LE Director’s acceptance criteria determination.

1. Evaluation SMC/LE Director Determination. Within 30 days of the Government Post Flight Review, the SMC/LE Director will use the data specified in Section 3.2, Data Reliance, and the criteria in Section 3.3, Launch Service Acceptance Criteria, to provide the PCO with a Launch Service mission acceptance determination. If an NRO mission, the SMC/LE Director will consult with the NRO/OSL Director prior to making a mission success determination. The PCO will notify the Contractor in writing whether a mission launched has been either accepted with full payment or accepted with partial payment by the Government. For Government-directed multi-manifest missions, within 30 days of the Government Post Flight Review, the SMC/LE Director will use the data specified in Section 3.2, Data Reliance, and the criteria in Section 3.3, Launch Service Acceptance Criteria, to provide the PCO with a Launch Service mission acceptance determination. In the event the Contractor does not concur with the PCO’s written decision, it shall be considered a dispute within the meaning of the clause Federal Acquisition Regulation (FAR) 52.233-1, “Disputes – Alternate 1” as included by reference in clause FAR 52.212-4(d).

Data Reliance. Launch Service acceptance will be determined using but not limited to the following data:

a. Orbital parameter accuracy elements determined from launch vehicle guidance data provided by the Contractor.

b. Launch vehicle data indicating payload separation provided by the Contractor.

c. Available launch vehicle environmental data, including shock, acceleration, and thermal data, including data at the launch vehicle/payload interface.

d. Launch vehicle sequencing and attitude data provided by the Contractor.

e. Payload orbit elements determined from tracking and telemetry data provided by the observing networks with adjustments for the applicable orbit determination uncertainties (provided by the Government).

f. Payload telemetry data provided by the observing networks with adjustments for the applicable orbit determination uncertainties (provided by the Government).

Launch Service Acceptance Criteria. A Launch Service shall be determined by the SMC/LE Director to be acceptable with full payment if any of the conditions below are met:

a. The primary spacecraft is placed into an orbit within the allowable dispersions, as defined in the appropriate Interface Control Document (ICD), from the target values as defined in the mission definition letter or target specification, and the Satellite has 100% operational utility. Verification of insertion will be the responsibility of the Government.

b. The primary spacecraft is placed into orbit, as defined in paragraph 3.3.a above and independent of the operational utility of the spacecraft, and the launch vehicle induced environments are not in excess of those specified in the ICD. Verification of the launch vehicle environments to which the spacecraft is exposed is the responsibility of the Contractor with confirmation by the Government. For the purposes of ICD compliance, the booster-induced flight environments shall be considered satisfied where they are:

1. Not in excess of the magnitude of the ICD level where the ICD level is defined as P99/90 (probability of 99%, with 90% confidence level), or;

2. Not in excess of the magnitude of the ICD level +6 decibels where the ICD level is defined as P95/50 (probability of 95%, with 50% confidence). ICD violations unrelated to the SV functional failure shall not be considered herein as a material factor in mission success or failure.

c. The spacecraft is placed into the orbit, as defined in paragraph 3.3.a above, and has zero operational utility and at no fault of the Contractor, the environmental data portion of the launch vehicle telemetry has not been obtained or has been obtained but is unreliable or unusable.

d. A mission failure is due to the improper issuance of destruct command by a Government Agency. Improper issuance is defined as the Government Flight Termination System activation in error.

e. A mission failure is due to any Spacecraft, Associate Contractor (Federally Funded Research & Development Contractor, Systems Engineering & Technical Assistance, or Systems Engineering & Integration) or Government agency-related error.

f. A mission failure is due to inaccurate Government Furnished Data (inclusive of spacecraft Contractor data), leading to an erroneous decision to launch; or the mission failure is determined to be a result of the inaccurate Government Furnished Data.

g. A mission failure is due to the failure of the spacecraft to successfully issue a separation command (for those missions dependent upon the spacecraft to initiate the separation event).

h. A mission failure caused directly by the Government’s secondary mission(s), and the failure is not caused as a result of the launch service provider’s integration of the Government’s primary and secondary missions.

i. A mission failure where the Government overrode the Contractor’s “No-Go” decision and the mission failure is caused by the Contractor’s cited reason for the Contractor’s “No-Go” decision, except if caused by secondary objectives. If terminal countdown time allowed, the Contractor must have submitted its objection in writing; otherwise, the Government’s Mission Director must have acknowledged receipt of the objection over the command channel.

Mission Failure. The SMC/LE Director shall deem a Launch Service that does not meet one of the LSAC in Section 3.3, Launch Service Acceptance Criteria, to be a “Mission Failure.” A Launch Service categorized as a “Mission Failure” shall be accepted with partial payment by the PCO and not receive the final post-launch milestone payment. Given that defects in service for the final milestone are not suitable for correction by re-performance, the PCO has determined that pursuant to FAR 52.246-4(e) the appropriate relief for the Government in the event of a final milestone defect (e.g. mission failure) is to reduce the contact price by the amount identified in the applicable payment plan, which appropriately reflects the reduced value of the services performed.

Requirement for Data. In the event a mission is not determined acceptable with full payment, all data including but not limited to telemetry, tracking, and ephemeris data (including supporting accuracy analysis) used by the Government to determine performance will be furnished to the Contractor upon request provided the Government holds the necessary data rights to provide the data.