ICEYE_JOFOC_.pdf

Rev.:01/2021

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Headquarters (HQ)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For Commercial Smallsat Data Acquisition (CSDA) Program

ON RAMP 3

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 “Justification for other than full and open competition.”

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

National Aeronautics and Space Administration (NASA) Headquarters (HQ), Washington, DC.

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is NASA Headquarters (HQ), Washington, DC.

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for using other than full and open competition to award sole-source commercial Blanket Purchase Agreements (BPAs) for Earth science data acquisitions to ICEYE US Inc. (ICEYE). NASA will examine and analyze this data to help determine the utility of commercial, satellite constellation-based products for advancing

NASA's science and applications development goals. The outcomes will be used to inform

NASA's policies and approaches for engaging more substantively with private sector small-satellite constellation operators for future data purchases.

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):

NASA intends to commence the on-ramp phase of the Commercial Smallsat Data

Acquisition (CSDA) Program. NASA intends to continually on-ramp new commercial small-satellite constellation vendors to acquire and validate small satellite constellation data products, determine their value to the research community, and identify data policies for government use of the commercially acquired data products. It is NASA's objective to determine if private sector Earth observation products derived from small-satellite constellations can provide a cost-effective means to augment and/or complement the suite of

Earth observations acquired by NASA and other US government agencies and those by

International partners and agencies made available to NASA and its stakeholders.

NASA will focus on unique imagery that might augment NASA-accessible data. NASA will also procure associated metadata (documentation, access routines, and basic characterization information) to fully assess the data’s value.

The Government intends to use FAR Part 13.5 Simplified Procedures for Certain

Commercial items and FAR 13.303 Blanket Purchase Agreements (BPAs) for acquiring this data. The resultant contract type will be a commercial Blanket Purchase Agreement (BPA) with an ordering period of up to 5 years anticipated to begin February 2022. The

Government estimates that the value of calls through the BPA will be $7M or less per call.

Through extensive market research, described below, companies have been identified that can meet NASA’s objectives. ICEYE US, met the criteria of having existing small satellite constellations (2 or more fully commissioned satellites in non-geostationary orbit with consistent, large-scale -complete longitudinal- coverage) that produce Earth observing data sets. Emphasis was placed on data acquired by small-satellite constellations, affording the means of complementing NASA acquired data with higher resolutions, increased temporal frequency or other novel capabilities in support of existing Earth science and application activities. The companies each provide uniquely different data capabilities.

ICEYE has the unique ability to provide X-band synthetic aperture radar (SAR) products at a resolution ranging from 1 to 15 meters. Their data are unique with their vertical transmit and vertical receive polarizations. ICEYE data record starts June 2019. ICEYE operates four X-band Synthetic Aperture Radar (SAR) satellites with plans of expanding the constellation from 4 to 13 satellites in the short-term to improve revisit rates. Their imagery is capable of measuring coarse resolution data via their ScanSAR mode of operations. This capability is unique regarding SAR missions operating in the small satellite domain. This coarse operating mode allows for the satellites to measure over large swaths of the ground, on the order of 100 km-by-100 km scenes, that are otherwise unavailable. Furthermore, ICEYE provides global coverage at a number of differing times, ranging from 14:04 to 22:30 local time of the ascending node. As their orbits are sun-synchronous, this provides consistency in terms of revisit while also providing numerous times throughout the day.

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 for acquisitions using the procedures in FAR subpart 13.5 is 41 U.S.C. 1901.

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. 2304 (c) (1) is availability of unique commercial satellite imagery as described below.

Congress requested NASA utilize available satellite data from local businesses, public or private sectors to assist in our missions. Since NASA’s missions are highly complex, diversified, and technologically advanced, even with the requisite data that is available in-house, objective and independent data can be essential to support unbiased, long-range understanding of the earth’s processes. The proposed contractors’ unique qualifications are contained in Section 3 above.

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

November 23, 2021, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award sole-source BPA ICEYE US Inc. 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 the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The

Contractor shall be required to submit a commercial pricing list to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, an analysis will be performed. The analysis will ensure that the final agreed-to pricing for the BPA is fair and reasonable. The proposed price(s) will be evaluated by the Contracting Officer’s

Representative and the Contracting Officer in conjunction with a management representative(s) of the Earth Science Division to determine that the price(s) associated with the unique data set and the identified supporting data and data use authorization are fair and reasonable.

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 Request for Information (RFI) notice to the Government Point of Entry (GPE) website

(Sam.gov) website was published on December 2, 2020, with statements of capability due on

January 2, 2021.

On March 30, 2021, the evaluation of the responses met the criteria of an existing operational small satellite constellation that produce earth observing data sets and an operational constellation that shall be comprised of a minimum of two or more Low Earth Orbit (LEO) satellites. The two LEO satellites must support consistent global or continental coverage

(e.g., with identical or nearly identical instruments). The operating satellites must have been launched, commissioned, and routinely be collecting data by the deadline of the capability statements submittal in response to the RFI.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

Market research and detailed evaluation of the RFI by NASA Program Staff indicated that there was not overlap in the information provided by the viable responders to the RFI, which indicates that competition between the vendors does not exist at this time.

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

As stated above in Section 6, in accordance with the requirements of FAR Subpart 5.2, a notice of NASA HQ’s intent to award this sole-source action was synopsized on the GPE website (Sam.gov). The synopsis notified all interested sources that this requirement will be issued on a sole-source basis and provided them an opportunity to submit their interest and capabilities to the Contracting Officer within 15 days of the synopsis publication. The synopsis was posted on November 23, 2021 and closed on December 8, 2021. No responses were received.

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 Agency will continue to examine the market for alternative solutions or new sources. At present, NASA is considering plans to formally re-engage the community every one to two years through an RFI requesting capability statements to evaluate and determine if additional

BPAs for datasets should be issued. To encourage and research the opportunities for competition, all types of data that support NASA’s Earth observing requirements and/or supplement the NASA-generated data sets will be considered under the next RFI, including those types of data selected for an award under this RFI. If this activity and/or other market research determines that there is the potential for competition among commercial suppliers of any relevant datasets desired by NASA, subsequent actions will be competed.