Limited Source Justification - JARSS_FINAL_REDACTED.pdf

Controlled Unclassified Information (CUI)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

George C. Marshall Space Flight Center (MSFC)

LIMITED-SOURCES JUSTIFICATION

For continued capability development, training, and operations support for the Joint Advanced

Range Safety System (JARSS) Mission Planning (MP) and Pelican Situational Awareness Program (PSAP) tools

This is a Limited-Sources Justification (LSJ) prepared by the National Aeronautics and Space Administration (NASA) at George C. Marshall Space Flight Center.

This acquisition will be conducted under the Multiple-Award Schedule (MAS) Program (Title 41 U.S.C. 152(3)). This action is for the issuance of a new firm-fixed-price task order to Millennium Engineering and Integration, LLC (MEI), an Axient subsidiary, which is a follow-on to Task Order Number 80MSFC 18C0029.

The JARSS MP/PSAP (formerly Mission Planning and Real Time (MP/RT)) tool capabilities are utilized to perform analyses supporting 30th & 45th Space Wing personnel in support of Eastern and Western Range flight safety analyst functions. Range safety assessments and tools are required to support flight plan approval and real-time range safety for High Performance Vehicles (HPVs), orbital re-entry vehicles, and Uninhabited Aeronautical Vehicles (UAVs) operating in the national airspace outside of the traditional containment boundaries of the Major Range and Test Facility B~JARSS MP/PSAP tools are integral to performing these functions in support of the ~rogram.

It is anticipated that award will be made to MEI under General Services Administration (GSA) Federal Supply Schedule (FSS) 47QRAA20D0092.

The total estimated ceiling amount of the proposed order is - and the estimated period of performance is five years (1-year base period with four 1-year option periods).

This acquisition will be conducted under the authority of the Multiple-Award Schedule (MAS) Program in accordance with Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies.

This recommendation is made pursuant to FAR 8.405-6(a)(l)(i)(B) which authorizes limiting the number of sources from which the government may place orders for supplies or services from GSA FSS contracts when a Limited-Sources Justification (LSJ) has been approved demonstrating that only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

Authority Cited and Rationale:

D FAR 8.405-6(a)(l)(i)(A). An urgent and compelling need exists, and following normal procedures would result in unacceptable delays.

Rev.:7/2022

[Z] FAR 8.405-6(a)(l)(i)(B). Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized

D FAR 8.405-6(a)(l )(i)(C). In the interest of economy and efficiency, the new work is a logical follow-on to an original GSA FSS order provided that the original order was placed in accordance with the applicable GSA FSS ordering procedures. The original order or BP A must not have been previously issued under sole-source or limited-sources procedures.

D FAR 8.405-6(b ), Items Peculiar to One Manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

Note: although this is a follow-on effort, FAR 8.405-6(a)(l)(i)(C) would not be the appropriate supporting authority. This LSJ cites FAR 8.405-6(a)(l)(i)(B) as the appropriate authority because 1) MEI is the only source capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized as explained below and 2) Task Order Number 80MSFC 18C0029 was awarded non-competitively.

Rationale:

I" I Ill "I. IM . Ill, Ill ,II 11 partnership between the ~ nd MSFC, with MEI continuing the JARSS

MP/PSAP capabi~elopment, training, and operations support with the requisite sustaining engineering. The IIIIIIIIProvides MSFC with funding for this effort and requires the partnership to remain as currently positioned for the foreseeable future for reasons that are classified. In Fiscal Year 2010, Gray Research was awarded a contractual instrument (Contract NNMl 0AA 78T) to perform two tasks. Both tasks contained classified efforts.

Gray Research subcontracted both tasks to other companies because it did not possess the capabilities necessary to perform the work. The development of the JARSS MP/RT tool was subcontracted to MEI. MEI developed the JARSS MP/RT tools utilizing proprietary software to which Gray Research nor any other company has the rights. As such, MEI continued to support JARSS MP/RT under two subsequent sole source contracts (i.e., NNM15AA18T and 80MSFC18C0029).

The JARSS MP/PSAP development is focused on supporting flight plan approval and real-time range safety for HPVs, orbital re-entry vehicles, and UAVs operating in the national airspace outside of the traditional containment boundaries of the MRTFB. HPVs, along with controlled orbital re-entry vehicles, are agile aerospacecraft capable of transatmospheric or extremely high altitude and high-speed flight. Such vehicles pose special hazards to the general public greater than those arising from the testing of less capable aircraft. JARSS supports the assessment of the risks of these proposed missions, the adjustment of planned mission profiles in managing risk, and the real time component assessments to actual public risk during these missions to allow

Rev. :7/2022 preventative flight termination decisions to be made, if necessary.

Competition with other entities is impractical due to the complexity of the tools, proprietary algorithms developed by MEI using private funds, interfaces with other existing software and hardware systems, personnel capabilities/experience, security considerations, and the ongoing operational mission support requirements. The capabilities and technical barriers that factor into this assessment for contracting solely with MEI are as follows:

1) MEI designed, built, maintains, and operates the highly technical and unique re-entry and tracking system used to support near real-time and real-time range safety operations.

While elements of this capability were developed over time under Government contracts, giving it unlimited rights in those elements, critical interface toolsets within JARSS MP/PSAP that enable the real-time monitoring during operation were developed using corporate internal research and development funding along with funding supplied by commercial contracts, resulting in the unique tool/service currently being used by both the U.S. Government and commercial space flight industry. Note: the portion of the system developed with Government funds is no longer in use due to security concerns.

While the Government has Government Purpose Rights to improvements developed under the existing and previous contracts, and that source code would be available for a competition, source code has never been identified as a deliverable in any of the Government's contracts. In addition, while the Government is knowledgeable of what the source code does as an end-product, the overall expertise related to the software itself resides with MEI. The existing/enhanced system provides added value and capability beyond the version developed with support from the Government contracts and provides benefits that exceed the Government's standard requirements for its programs. Loss of these tools would significantly impact the Government's ability to meet the Program and Range requirements that a fixed-wing returnable space plane be able to land safely within days, rather than months or years. To meet the Government's requirements for the follow-on effort, any other source would have to be similarly positioned to MEI which would require a large investment of resources. Such an investment would take years to duplicate existing capabilities and likely require additional governmental funding. Both investments would be cost prohibitive and impede the Government's ability to meet its ongoing mission requirements.

2) JARSS MP/PSAP tools are currently verified and installed at multiple physical locations and any continued development must be maintained and certified to support ongoing operations requirements. Likewise, JARSS MP/PSAP hardware and software interfaces must be maintained to satisfy interface requirements with external hardware and software systems.

Only MEI maintains JARSS MP/PSAP knowledge and expertise at a level required to train operations personnel in the use of JARSS MP/PSAP tools and support ongoing operations. Likewise, no other contractor has the unique knowledge or experienced personnel required to operate and maintain this capability in an operational setting. In addition, only MEI has the unique programming and operational experience required to continue development of the JARSS MP/PSAP capabilities to implement range safety related requirements for de-orbit and rec onomous fixed-wing flight vehicles.

MEI has a vital role in the viability of this ffort since the Government relies heavily not only on its expertise but also on the software toolset it has developed and maintains. The Contractor has continuously retained in-house capability to support this effort and rovides these services not only to the Government but also to one commercial customer ( . In the event MEI becomes unavailable to provide required services, the HPV s, orbital re-entry vehicles, and UA Vs operating in the national airspace outside of the traditional containment boundaries would have to either land in the ocean or at an airbase in an area where people are not in the critical flight path. The result would be the loss of a significant program asset(s), the costs of which cannot be disclosed in this document due to its classification.

3) JARSS MP/PSAP supports the highly classified -which manages the program, and no unauthorized co be brought into a formal market survey or competition for these services. The is the~hat can authorize the participation of contractors in its programs. Given the-classification, national security implications, and the knowledge and experience of performing the work, MEI i~hat the has authorized to work on this program. MEI has the ---learances to satisfy security requirements. Any other potential source, even if authorized by the - would also need access to the classified facilities and systems to respond to a request for proposal. Access would require personnel to have the appropriate clearance, which would require clearance paperwork to be processed at least one year in advance of the release for the request for proposal. Program approval of personnel is also required after the appropriate clearance is obtained, which can take up to another month or more.

Determination by the contracting officer that the order represents the best value consistent with FAR 8.404( d):

Pursuant to FAR 8.404( d) Pricing (DEVIATION), "Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced either at hourly rates, or at a fixed price for performance of a specific task (e.g., installation, maintenance, and repair). GSA has determined the prices of supplies and fixed-price services and rates for services offered at hourly rates to be fair and reasonable for the purpose of establishing the schedule contract. GSA's determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, BP As, and orders under BPAs, using the proposal analysis techniques at FAR 15.404-1. The complexity and circumstances of each acquisition should determine the level of detail of the analysis required."

Therefore, rate and/or price analysis for the proposed order will be performed, as appropriate, to determine fair and reasonable rates and/or price(s). In order to determine if pricing for continued JARSS MP/PSAP tool support is fair and reasonable, the Contracting Officer will do the following:

• Request MEI to provide a proposal supported by FSS Contract Number 47QRAA20D0092 pricing. The Government will also seek pricereductions/discounts.

This follow-on effort will be a task order against MEI' s existing GSA schedule contract.

• Evaluate the MEI proposal by using price analysis techniques identified in FAR

15.404-l(b). Specifically, the Contracting Officer anticipates comparing proposed prices to historical prices paid, comparison with the GSA FSS pricing, comparison to the Independent Government Cost Estimate prepared in August 2022, and/or analysis of data other than certified cost or pricing data ( as defined at 2.101) provided by the offeror.

Market Research:

Market research was conducted on GSA websites and the internet for companies and tools that could support planning and safety assessments of re-entry of autonomously controlled spacecraft. These searches did not result in the identification of tools or companies which could perform the functions currently provided by the JARSS MP/PSAP tools without significant cost and schedule impacts to ongoing mission capabilities. The services required by this acquisition are not available from any other vendor. There are no other companies specializing in fixed-wing real time capabilities nor is there any indication that any company plans to develop this type of two known American entities that utilize this capability (the , the market for two competing tools does not exist. Likewise, with only two known customers, the market for multiple companies to provide the support described in this LSJ does not exist.

Other Facts: None

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:

There are no known actions which the agency may take at this time to remove or overcome barriers to competition before any subsequent acquisitions for the services required. The agency will continue to examine the market consistent with the market research undertaken for this procurement.

GREGORY

FRADY

Digitally signed by

GREGORY FRADY

Date: 2023.02 20 20 52:30 -06'00'

Hervie Williford

Digitally signed by Hervie Williford Date: 2023.02.22 07:16:49 -06'00'

John Cannaday

Digitally signed by John Cannaday Date: 2023.03.24 18:45:29 -05'00'

JOE

LEOPARD

Digitally signed by JOE

LEOPARD

Date: 2023 03.30 16:29 55 -05'00'

Controlled Unclassified Information (CUI)

Joint Advanced Range Safety System (JARSS) Mission Planning (MP) and Pelican Situational Awareness Program (PSAP) tools

LIMITED SOURCES JUSTIFICATION

SIGNATURE PAGE

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

Greg Frady Technical Representative

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. In addition, I hereby determine that the anticipated price(s)/pricing of the order will be fair and reasonable.

Hervie B. Williford Contracting Officer

CONCURRENCE:

John Cannady Director Office of Procurement

APPROVAL:

Joe L. Leopard Competition Advocate Marshall Space Flight Center