Fair Opportunity Exception_T0251 ALD_Redacted.pdf
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- Attached to
- Fair Opportunity Exception for T0251 In-Space Coating Development Utilizing Atomic Layer Deposition (ALD)"
- Solicitation number
- AFRC_FOP_FY26-03
About this file
This document is a Justification for an Exception to Fair Opportunity issued by NASA's Armstrong Flight Research Center.
The justification authorizes issuance of a firm-fixed price task order under the NASA Suborbital/Hosted Orbital Flight and Payload Integration Services (FO IDIQ 4) contract for integration and flight of the T0251 Atomic Layer Deposition (ALD) payload on one suborbital flight under Flight Profile 1. The exception to fair opportunity is justified under FAR 16.507-6(b)(2), citing that only one awardee is capable of providing the required supplies and services at the necessary quality level because the services are unique or highly specialized. Specifically, Virgin Galactic is identified as the only flight provider currently capable of providing the required suborbital flight under Flight Profile 1, as competing providers offer suborbital flights but do not accommodate flights of individual payloads, and their announced operational timelines indicate they would not be operational during the required flight window. Pricing will align with negotiated rates in the base contract for standard services, with non-standard services priced using FAR 15.404 methodology and requiring detailed breakouts for price analysis. The Contracting Officer commits to continued market examination for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Armstrong Flight Research Center
Justification for an Exception to Fair Opportunity
1. Nature and/or description of the action being approved (FAR 16.507-6(d)(2)(ii)):
This justification documents the basis for issuing a task order under the NASA Suborbital / Hosted Orbital Flight and Payload Integration Services (FO IDIQ 4) using an exception to the Fair Opportunity process.
2. Description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 16.507-6(d)(2)(iii)):
This action is a firm-fixed price task order for the integration and flight of the T0251 Atomic Layer Deposition (ALD) payload on one suborbital flight under Flight Profile 1 (P1)
The total estimated price of the proposed order is
The estimated period of performance is from .
3. Identification of Exception to Fair Opportunity (FAR 16.507-6(d)(2)(iv)):
FAR 16.507-6(b)(1): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.
FAR 16.507-6(b)(2): Only one awardee is capable of providing the supplies or services at the level of quality required because the supplies or services ordered are unique or highly specialized.
FAR 16.507-6(b)(3): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
FAR 16.507-6(b)(4): It is necessary to place an order to satisfy a minimum guarantee.
FAR 16.507-6(b)(5): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.
FAR 16.507-6(b)(6): The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.103 (10 U.S.C. 3406(c)(5)). Note: The public interest exception must not be used unless Congress is notified in accordance with 10 U.S.C.
3204(a)(7).
FOP FY26-03
Supporting Rationale:
Currently, Virgin Galactic is the only flight provider that can provide the required suborbital flight under Flight Profile 1. offer suborbital flights, but neither offer flights of individual payloads. .
The timeline they announced would indicate that they would not be in operation during the time when the payload is required to fly.
4. Determination that the anticipated cost to the Government will be fair and reasonable (FAR 16.507-6(d)(2)(v)):
Pricing for standard services shall be in accordance with the base contract and align with the negotiated rates for the appropriate calendar year. The contracting officer will verify that the proposed non-standard services use negotiated labor categories and rates within the contract and are technically acceptable. A detailed breakout of unpriced non-standard services will be requested to assist with the price analysis. Services not priced in the base contract will be determined fair and reasonable by using FAR 15.404.
5. Other Facts supporting the justification (FAR 16.507-6(d)(2)(vi)):
None.
6. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made (FAR 16.507-6(d)(2)(vii)):
The CO will continue to examine the market in the future for alternative solutions or new sources before executing any subsequent acquistions for the same requirements.
FLIGHT OPPORTUNTIES T0251 IN-SPACE COATING DEVELOPMENT
UTILIZING ATOMIC LAYER DEPOSITION (ALD)
JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY
SIGNATURE PAGE
I certify that the requirements and technical data contained herein, and which form a basis for this justification are accurate and complete.
Technical Representative
I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the information provided in this justification, and as the approving official, I have determined that the exception at FAR 16.507-6(b)(2) applies to the order.
Contracting Officer
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