Justification for Other than Full and Open Competition (JOFOC) Unusual and Compelling Urgency NSS_Redacted.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

UNUSUAL AND COMPELLING URGENCY

For Neutron Spectrometer System (NSS) for the MoonFall and Commercial Lunar

Payload Services (CLPS) CS-8 Projects

1. Federal Acquisition Regulation (FAR) 6.104-1(a)(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 NASA.

The procuring agency is NASA, and the contracting activity is NASA ARC. This JOFOC is recorded in the ARC JOFOC/JEFO/LSJ Jog as JA-FY26-J10.

2. FAR 6.104-1(a)(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 with contract number 80ARC026P0004 to Lockheed Martin Advanced Technology Center.

The general purpose of this Purchase Order (PO) is to fabricate, assemble, and test nine (9) build-to-print Neutron Spectrometer System (NSS) instruments and deliver these units to NASA with flight instrumentation paperwork commensurate with technology demonstration payload standards, including test results and other mission assurance documentation. Eight

(8) of the units are for Moon Base Phase I robotic missions: Jet Propulsion Laboratory (JPL), MoonFall lunar drone project, and Exploration Science Strategy Integration Office’s (ESSIO’s) CS-8 multi-lander project. A ninth unit will be built as a spare. This requirement is essential to NASA’s Artemis campaign and its overarching objective of achieving the safe landing of humans on the lunar surface.

The Artemis campaign’s timeline, and its included mission dates, are a vital component of the government’s need. For reasons discussed below, delays to mission execution as a result of developmental challenges are likely to result in mission failure. This PO is necessary to ensure that development of a lunar landing capability is complete in time to support NASA’s Artemis missions.

a. The Artemis Campaign and National Strategic Interests.

The Artemis campaign consists of several interconnected NASA programs, encompassing multiple contracts and international efforts. Each component of the campaign is required to reach the agency’s end state of landing humans on the lunar surface. Among these programs are the Space Launch System (SLS), NASA’s primary space launch capability; Orion, NASA’s solution for transport of crew from low-earth orbit to cis-lunar orbit; Extra- Vehicular Activity (EVA) suits and the Human Landing System (HLS). Each of these programs depends upon the timely development and success of the others to perform its role, and delays within one program have a cascading effect upon the others.

NASA’s Artemis campaign explores the Moon for scientific discovery, technology advancement, and to learn how to live and work on another world in order prepare for human missions to Mars. The Artemis campaign collaborates with commercial and international partners and establishes the first long-term presence on the Moon. These efforts support several vital national strategic interests including national security, solidifying the United States’ leadership and influence in space, supporting scientific and technological development, and supporting space commercial development.

To support these interests and ensure continued American superiority in space exploration, it is critical that the United States return to the lunar surface before its global competitors. By completing a lunar landing mission in advance of our global competitors, the United States can shape rules, policy, priorities, and the overall geopolitical landscape of future space exploration. This will provide the United States with the initiative needed to best advance related national interests and maintain its role as the global leader in space exploration.

Falling behind our global competitors in this effort cedes this initiative, and our nation’s leadership in space exploration, to our global competitors. This will result in unacceptable impacts to the United States’ geopolitical position and its national security.

Currently, China is actively developing a human crewed Moon landing mission. China has recently experienced significant success in development of space exploration technologies, including launch and landing of the country’s first reusable orbital rocket in 2025. China’s significant space technology progress has established the country as a near-peer competitor to the United States for space exploration. China’s recent progress also includes significant developments in the country’s crewed lunar program, including successful liftoff and landing tests of a crewed lander. These developments place China on target to meet their current goal of landing two astronauts on the lunar surface before 2030.

It is critical to the national interests of the United States, and therefore \ NASA’s mission, that the Artemis program return American astronauts to the Moon before China reaches this milestone and seizes the initiative and global leadership role in human space exploration.

NASA plans to launch its first mission to return humans to the Moon (currently titled “Artemis IV”) by 2028. This launch schedule is critical to NASA’s mission and the national interests it supports.

b. Artemis, Moon Base, and NSS Program Background

Under Moon Base Phase One (running from the present through 2029), NASA intends to focus on experimentation, learning, and securing reliable access to the lunar surface.

Key Goals and Activities in Moon Base Phase One:

spelled out by the Moon Base Program Office being realized. Due to the cutting-edge nature of the technology required for this capability, every day in the developmental timeline is absolutely vital for ensuring that a lunar landing capability is completed in time for NASA’s established mission dates. Each day added to this timeline – including the significant time that would be required for a full and open competition – places the United States closer to ceding its space exploration leadership to our global competitors.

6. FAR 6.104-1(a)(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 5.1 and, if not, which exception under 5.101 applies:

The contracting officer has determined in accordance with FAR 5.101(b)(1) that this action is exempt from the notice required in FAR 5.101, 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 5.101(d).

7. FAR 6.104-1(a)(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 must 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.

8. FAR 6.104-1(a)(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):

Based on the unusual and compelling urgency of NASA’s requirement and the authority of FAR 6.103-2(b), additional market research was not conducted. The most previous contracts with Lockheed Martin were all done on a non-competitive basis. Although market research was performed in 2017 under the Resource Prospector (RP) mission the purpose of the research was to determine whether there are interested and available sources capable of meeting the requirements for development of the NSS. At that time only three (3) organizations (Institute of Experimental and Applied Physics, Czech Technical University, Prague; Johns Hopkins University/Applied Physics Laboratory; and Gamma Spectacular (commercial company located in Australia)) were identified that may be developing similar technologies. In November 2019 a Notice of Intent (80ARC020NOICB1) under the Volatiles Investigating Polar Exploration Rover (VIPER) NSS Protoflight Unit was posted on beta.SAM.gov; no written or verbal responses were received, and no vendors expressed an interest on the “Interested Vendors List”.

Recent market research revealed that there are seven (7) commercial organizations specialized in neutron spectrometers, and two (2) out of the seven (7) offer space-qualified systems (see attached “NSS Market Research Statement”). Extensive database and internet searches identified five (5) commercial products, but only the Lockheed Martin Neutron Spectrometer System met all technical and space qualification requirements. No suitable vendors were found in SBA, AbilityOne, GSA, or NASA NVDB databases, confirming Lockheed Martin as the sole provider capable of meeting NASA's needs for the Neutron Spectrometer System.

Through the use of previous non-competitive activities, including the already established market research, and consultation with knowledgeable individuals in Government relative to aerospace activities, the contracting officer has determined Lockheed Martin Advanced Technology Center is the only source capable of performing this requirement in the required timeframe.

9. FAR 6.104-1(a)(9) – Any other facts supporting the use of other than full and open competition:

This action aligns with the Executive Order 14369, Ensuring American Space Superiority, directive to return humans to the lunar surface no later than 2028. It also supports national priorities to ensure American leadership in space exploration by returning humans to the lunar surface before our international competitors.

In furtherance of these national priorities, the Government’s substantial initial investment in Lockheed Martin’s solution, including the integrated architecture now deployed for VIPER NSS (80ARC020C0011~$2.9M), awarding this effort to Lockheed Martin is essential to preserve both financial resources and schedule integrity. Lockheed Martin possesses unique capabilities and expertise developed through prior non-competitive procurement processes, which are fundamental to the success of the NSS units. A competitive re-solicitation at this stage would compel the Government to repeat extensive design reviews, qualification testing, safety and mission assurance approvals, and tooling and testbed fabrication—incurring significant, unrecoverable costs and introducing unacceptable delays. Such delays would jeopardize critical mission timelines and threaten U.S. leadership in space exploration, as timely completion is vital to advance national interests and avoid ceding ground to global competitors. Therefore, proceeding with Lockheed Martin for the required effort is the most effective and economical approach to fulfill mission requirements, safeguard prior investments, and ensure program success.

10. FAR 6.104-1(a)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

Based on the unusual and compelling urgency of NASA’s requirement and the resulting use of NASA’s authority under 10 U.S.C. 3204(a)(2), the Agency did not conduct public Requests for Information and thus received no responses. NASA also did not receive any unsolicited proposals to support a different approach to the Agency’s requirements.

11. FAR 6.104-1(a)(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:

NASA’s future approach to acquisitions related to human space exploration is intended to establish a robust, competitive space economy. NASA has engaged in a parallel developmental contract structure in part to ensure completion of future Artemis missions and to support a sustained contractor base for future competitive lunar transportation requirements.

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.

Neutron Spectrometer System (NSS) for the MoonFall and Commercial Lunar Payload Services (CLPS) CS-8 Projects (JA-FY26-J10)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

UNUSUAL AND COMPELLING URGENCY

SIGNATURE PAGE

I certify that the facts presented in this justification are accurate and complete.

Richard Elphic Technical Representative

I hereby certify that the above justification is accurate and complete to the best of my knowledge and belief.

Tiffany Goodwin Contracting Officer

APPROVED:

Lauren Johnson Competition Advocate NASA Ames Research Center