JEFO Redacted.pdf

Rev.:3/2025

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Johnson Space Center

Justification for an Exception to Fair Opportunity

Description of the action being approved: This justification documents the basis for issuing an order under the Commercial Resupply Services (CRS) 2 Contract NNJ16GU21B using an exception to the Fair Opportunity process. The purpose of the CRS-2 Contract is for resupply cargo services to the International Space Station (ISS), disposal of unneeded cargo, and for return of cargo from the ISS back to NASA. The end-to-end service shall include all activities to provide the resupply services including launch and landing site and associated resources, launch vehicle, ISS visiting vehicle, reentry vehicle, and the manner in which these are architected and implemented by the contractor. NASA requires the cargo services in order to meet the required annual upmass and downmass to support continued ISS operations via three to four flights per year with the cargo deliveries somewhat evenly distributed throughout the year. Cargo includes both NASA cargo and NASA-sponsored cargo.

Description of the supplies or services required to meet the Agency’s needs: This action is a firm-fixed price order for two Northrop Grumman (NG) Resupply Service Standard Mission Bs on a Contract Line Item Number (CLIN) 1 Task Order. CRS-2 CLIN 0001 describes the standard resupply service missions available under each offeror’s contract. All contractors are required to provide 1) pressurized upmass, 2) pressurized return or pressurized disposal or both, and 3) unpressurized upmass and disposal. However, each offeror may also provide unique services specific to their visiting vehicle in addition to the standard services offered. The ISS Program decisions for manifesting are based on a wide variety of requirements including on-orbit anomalies, crew-time availability, customer schedules, vehicle design constraints (i.e., environments, loads, robotic berthing versus docking interface, hatch size, fairing size and vehicle volume), and availability of ISS docking and berthing ports to support different designs of visiting vehicles. The Program also needs to maintain flexibility in determining how and when to manifest hardware and science/research payloads, which may require the Program to execute a purchased mission under CLIN 0001 that are mission or vehicle specific.

The total estimated price of the proposed orders is ; this amount consists of for a NG Standard Mission B in calendar year 2028 and for a

Standard Mission B in calendar year 2029. This estimate does not reflect a multi-mission purchase discount which is anticipated to reduce the mission prices. The estimated period of performance for each mission is nominally a template from the Authority to Proceed milestone to Mission Launch, plus the subsequent berthed mission duration up to days post launch.

Identification of Exception to Fair Opportunity:

FAR 16.505(b)(2)(i)(A), The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

FAR 16.505(b)(2)(i)(C), 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 16.505(b)(2)(i)(D), It is necessary to place an order to satisfy a minimum guarantee.

FAR 16.505(b)(2)(i)(E), For orders exceeding the simplified acquisition threshold a statute expressly authorizes or requires that the purchase be made from a specified source.

FAR 16.505(b)(2)(i)(F), In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

FAR 16.505(b)(2)(i)(G), The order satisfies one of the exceptions permitting the use of other than full and open competition listed in 6.302 (10 U.S.C. 3406(c)(5). The public interest exception shall not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).

Supporting Rationale:

The CRS-2 Contracts support a variety of manifest needs. Assured access is critical to ensuring the ISS can continue to operate, support the crew onboard, and conduct the vital research of the unique ISS National Laboratory throughout the life of the ISS (currently authorized through 2030 for NASA and the other United States Operating Segment International Partners). The purpose of awarding multiple CRS-2 contracts was to ensure the Agency has access to different but redundant capabilities, which provides more options, increases flexibility for accommodating evolving manifest needs and unexpected contingencies, and reduces the risk of reliance on a single provider. Historically, the resupply services deliver to either one of the two ISS docking ports or one of the two berthing ports available.

The typical timeframe required for a mission is on the order of , counting the time required to plan and complete a competitive mission procurement, and the typical months to execute the mission template (from authority to proceed the most effective method of meeting the Program objectives, reducing overall risk to the Program, and ensuring a safe and reliable cargo resupply mission to the ISS.

Determination that the anticipated cost to the Government will be fair and reasonable:

Price reasonableness will be established based on the comparison of historical mission prices that are currently in the NG CRS-2 contract, as well as a comparison to the mission prices proposed from all of the CRS-2 contractors. For mission pricing, NG will be required to submit a proposal to be evaluated and negotiated by the government, and a proposal analysis will be performed to ensure that the final agreed-to price for the contract action is fair and reasonable.

Other Facts:

Not Applicable

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:

NASA intends to provide each contractor a fair opportunity to be considered for all future mission task orders under CRS-2 unless there are unique requirements. In this case, there are unique requirements for this mission which can only be met by NG due to the unique capabilities of the service they provide.

If these unique capabilities are not required for future missions to and from the ISS, NASA intends to compete missions in accordance with FAR 16.505, ordering, and the applicable task ordering procedures contained in the contract.

The CO will continue to examine the market, and contractor capabilities, in the future for alternative solutions or new sources before executing any subsequent acquisitions for the same requirements.