Justification for Other than Full and Open Competition (JOFOC)_Starling Mission.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For Starling Space Traffic Monitoring 80ARC025CA006

1. Federal Acquisition Regulation <FAR) 6.303-2(b)(l) -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 NASA

ARC.

The procuring agency is NASA, and the contracting activity is ARC. This JOFOC is recorded in the ARC JOFOC/JEFO/LSJ Log as JA-FY25-J04.

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 a sole-source contract to EraDrive, Inc. for a firmware update to the StarFox software currently onboard NASA's Starling small satellite swarm. The update enhances existing on-board algorithms to detect, identify, and track objects in Earth orbit using star tracker sensors, providing a technology demonstration of a key enabling technology for space traffic monitoring. The constellation of satellites serving as a testbed is degrading, with one satellite already sub-optimal condition for testing. The software update must be pushed up as soon as possible to test this capability before the constellation loses capability. This contracting action is intended to address this urgent need, and to support the technology demonstration mission of the Small Spacecraft Technology Program, focused on advancing space traffic management capabilities in Low Earth Orbit. The acquisition is time critical due to the urgent need to mitigate ongoing satellite degradation, as detailed in subsequent sections.

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):

The action procures a firmware update for the StarFox software from EraDrive, Inc., already onboard the Starling swarm, a group of four small satellites launched in July 2023, with three remaining operational in Low Earth Orbit. The update enhances algorithms to improve detection, identification, and tracking of objects using star tracker sensors, a test of space traffic monitoring capabilities before further satellite constellation degradation. EraDrive will integrate the updated firmware, upload it to the Starling satellites, and validate its performance as a technology demonstration of low-cost space traffic monitoring using commercially available star trackers. Specific objectives include:

• Demonstrate enhanced space traffic management capabilities through improved object detection and tracking;

o July 2023: Starling swarm launched with four spacecraft, carrying EraDrive's StarFox software for space traffic management demonstrations.

o January 2025: One spacecraft lost due to radio failure, reducing the swarm to three operational units.

o March 2025: Technical team identified signs of failure in another spacecraft and confirmed ongoing degradation across the swarm, increasing urgency for a firmware update to stabilize performance.

o March 2025: Sam.gov synopsis posted (March 14--29, 2025) to explore alternative sources, with one non-viable response received (see Section 10).

o April 2025: Technical team confirmed EraDrive's StarFox update as the only solution to mitigate degradation, prompting this JOFOC revision.

• Why No Other Action Could Avert Harm: No other vendor can update the proprietary StarFox software, as EraDrive holds exclusive intellectual property and technical data critical to its operation. The StarFox system, currently at Technology Readiness Level (TRL) 7, has been demonstrated as a prototype in a relevant environment, meeting Starling's operational requirements. Developing an alternative solution would require 12- 18 months to attempt replication, an effort rendered infeasible by EraDrive' s proprietary data restrictions, risking complete mission failure due to system degradation. Market research conducted via Sam.gov (Section 10) identified one response, assessed at TRL below 5, meaning it is in early development stages (basic principles to unvalidated proof of-concept). This TRL<5 technology lacks the maturity and validation required for immediate integration with StarFox's TRL 7 architecture and fails to meet Starling's need for a proven, interoperable solution. The proprietary nature of StarFox software further restricts interoperability, as EraDrive's exclusive technical data prevents integration with non-proprietary systems. Any attempt to develop or adapt alternative solutions would face the same 12-18 month timeline and data access barriers, confirming EraDrive's unique and critical role in ensuring mission success.

• Extent to Which Competition is Limited (NFS 1806.303-270(a)): Competition is limited to a sole-source award to EraDrive, Inc. due to its exclusive ownership of the StarFox software's intellectual property and the in-orbit status of the Starling swarm.

Previous market research (Section 8) obtained and the Sam.gov response (Section 10) confirmed no other vendor can deliver a compatible update quickly.

• Maximum Practicable Competition Obtained (NFS 1806.303-270(a)): NASA maximized competition to the extent practicable by posting a 15-day synopsis on Sam.gov (March 14--29, 2025), per FAR 5.203(a), as part of proactive planning for a scheduled StarFox software upgrade milestone. This market research was initiated in January 2025, before the full extent of the system's degradation and urgent timeline became evident. One response was received but deemed non-viable due to its low Technology Readiness Level (TRL<5, early development stage) and incompatibility with

StarFox's proprietary architecture at TRL 7 (see Section 10). The urgent timeline, identified after the synopsis period, and EraDrive's exclusive intellectual property and technical data for StarFox software precluded further competitive efforts, as no other vendor could meet the mission-critical requirements in the required timeframe.

The combination ofEraDrive's exclusive intellectual property and the urgent need to mitigate satellite degradation makes competition impracticable.

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:

The Contracting Officer has determined that this action is exempt from the notice required in FAR 5.202(a)(2), because unusual and compelling urgency precludes competition to the maximum extent practicable and the Government would be seriously injured if the agency complies with the publicizing and response time periods specified in FAR 5 .203.

Although the action is exempt from the notice requirement under FAR 5.202(a)(2) due to unusual and compelling urgency, the urgency evolved around the time the notice of intent was posted to Sam.gov on March 14, 2025. The notice, published per FAR Subpart 5.2, announced NASA's intent to award a sole-source contract to EraDrive, Inc. and invited responses demonstrating comparable capabilities during a 15-day synopsis period ( closing March 29, 2025). One response was received but deemed non-viable (see Section 10). The urgent need to mitigate satellite degradation, as justified under FAR 6.302-2 and NFS 1806.303-270, supports the sole-source approach while aligning with FAR 5.203(a).

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 proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. The price analysis will include:

• Comparison to Historical Prices: Comparison with prices paid for similar firmware updates within the Small Spacecraft Technology Program, adjusted for scope and urgency.

• Independent Government Cost Estimate (IGCE): Evaluation against an IGCE based on the update's scope and industry rates.

• Market Data Comparison: Assessment against commercial pricing for similar services, despite the sole-source nature.

• Negotiation: Negotiation to ensure the price reflects fair market value, per FAR 15.403-l(c)(l).

This approach ensures a fair and reasonable price, leveraging multiple validation methods.

8. FAR 6.303-2(b)(8)-Description of the market research conducted, and the results, or a statement of the reasons market research was not conducted (e.g., urgent, and compelling requirement):

Market research, conducted per FAR Part 10, evaluated sources capable of updating the StarFox software for the Starling swarm. Efforts included:

• Technical Journal Survey: Identified theoretical solutions, but only EraDrive's StarFox software, already onboard, is operational at TRL 7.

Interchange Meetings: Interchange Meetings: Confirmed EraDrive's exclusive ability to update software due to its intellectual property and integration with the Starling swarm's Xilinx Zynq SoC processor. The proprietary integration ofEraDrive's software with the Xilinx Zynq SoC processor restricts interoperability with other systems, as alternative solutions lack access to EraDrive's exclusive intellectual property and technical specifications, preventing seamless integration with the Starling swarm.

• Literature and Industry Reports: Found no vendors offering compatible firmware updates at TRL 7, as replication is impossible without EraDrive's proprietary information.

• Internet and Vendor Database Search: Identified no sources matching EraDrive's capability.

• Sam.gov Synopsis Response: One response (March 14-29, 2025) was at TRL <5 and incompatible (see Section 10).

Results confirmed EraDrive as the only source capable of delivering the update as soon as possible due to its exclusive intellectual property.

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

• Exclusive Intellectual Property: The StarFox software is proprietary to EraDrive, with no technical data package available for competition. EraDrive holds exclusive intellectual property rights, developed through a Stanford University research grant associated with the Starling project. As a small business, EraDrive retains full ownership of the proprietary data and trade secrets, preventing other vendors from accessing the necessary technical information. Replication or reverse-engineering by other vendors is infeasible without EraDrive's proprietary data and would take 12-18 months, risking mission failure due to Starling system degradation. EraDrive's intellectual property is protected as trade secrets and proprietary technology, with no publicly disclosed patents identified for the StarFox software. The exclusive rights stemming from the Stanford grant solidify EraDrive' s unique position as the sole provider capable of maintaining and updating the software.

• Urgent Degradation Risks: Ongoing satellite degradation (one lost in January 2025, another failing in March 2025) threatens the mission. The only way to complete enhanced space traffic monitoring with this constellation is a timely software update by EraDrive.

• No Viable Alternatives: The single response received through Sam.gov (Section 10) was non-viable, reinforcing EraDrive's unique position due to its proprietary software.

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 notice of intent was posted from March 14-29, 2025 and received one response, deemed non-viable for the following reasons:

• Insufficient TRL: The contractor's algorithms were at TRL <5, not demonstrated in a space environment, unlike the required TRL 7.

• Incompatible Approach: The solution relied on operator-on-the-loop, irrelevant to Starling's autonomous operation.

• Scope Misalignment: Proposed capabilities (e.g., CCDM) were outside Starling's focus on non-maneuvering debris.

• Hardware Incompatibility: Required post-launch hardware attachment, infeasible for Starling's fixed hardware.

No other responses were received, confirming EraDrive as the only viable source due to its exclusive intellectual property.

11. FAR 6.303-2(b)(ll)-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 sole-source award is driven by EraDrive's exclusive intellectual property for the StarFox software, the Starling swarm's fixed hardware, and urgent degradation risks. To enable future competition, NASA will:

• Exclusive Intellectual Property: The StarFox software is proprietary to EraDrive, with no technical data package available for competition. EraDrive holds exclusive intellectual property rights, developed through a Stanford University research grant associated with the Starling project. As a small business, EraDrive retains full ownership of the proprietary data and trade secrets, preventing other vendors from accessing the necessary technical information. Replication or reverse-engineering by other vendors is infeasible without EraDrive's proprietary data and would take 12-18 months, risking mission failure due to Starling system degradation. EraDrive's intellectual property is protected as trade secrets and proprietary technology, with no publicly disclosed patents identified for the StarFox software. The exclusive rights stemming from the Stanford grant solidify EraDrive' s unique position as the sole provider capable of maintaining and updating the software.

• Ongoing Market Research: Monitor advancements in satellite software to identify alternative sources.

• Future Platform Flexibility: Design future spacecraft with flexible hardware to reduce vendor dependency.

Immediate competition remains impracticable due to EraDrive's proprietary software and the as soon as possible deadline. 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.