ESA Extension Mod 75 JOFOC.pdf

Rev.:1/2023

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

LYNDON B. JOHNSON SPACE CENTER (JSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Extension of the European Space Agency (ESA) Nodes Contract, NNJ04GC06C

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) Johnson Space Center (JSC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is JSC.

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 extension to contract number NNJ04GC06C with the European Space Agency (ESA).

Background:

NASA and the ESA signed two separate Memorandum of Understanding (MOUs) that are currently still in effect; the MOUs documented how ESA would be responsible for the design and development of the International Space Station (ISS) Nodes 2 and 3, and ESA Payload Facilities as International Partner contributions. ESA continues to maintain the proprietary data rights and design knowledge for the Nodes 2 and 3 as well as the ESA Payload facilities.

These MOUs are as follows:

• NASA Administrator Daniel Goldin and ESA Director General J.M. Luton signed “Memorandum of Understanding between the United States National Aeronautics and Space Administration and the European Space Agency Enabling Early Utilization Opportunities of the International Space Station” on March 18, 1997.

• NASA Administrator Daniel Goldin and ESA Director General Antonio Rodota signed “Memorandum of Understanding between the United States National Aeronautics and Space Administration and the European Space Agency Concerning Cooperation on the Civil International Space Station” on January 29, 1998.

On September 17, 2004, ESA entered into a contract with NASA (NNJ04GC06C) The purpose of the contract with ESA was to provide engineering services and products in support of International Space Station’s (ISS) European Space Agency (ESA) Nodes 2 & 3 and ESA payload facilities located onboard the ISS. .

The “Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act” (signed August 9, 2022) section 10815 states that it shall be U. S. policy to maintain and use the ISS through 2030. As a result, a contract extension is required to extend the period of performance to September 30, 2030 in support of continued U.S. commitment to ISS operations.

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 extension of NNJ04GC06C will ensure uninterrupted support from ESA for the following requirements:

ESA provides engineering services and products associated with changes to the requirements baseline, functionality, or resolution of issues caused by non-compliance of NASA-supplied hardware for Node 2, Node 3, as well as for ESA-provided payloads facilities.

The contract type is Firm Fixed Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ).

The current remaining value of NNJ04GC06C is sufficient to meet the requirements for the period of performance ending on September 30, 2030. Therefore, the overall value of NNJ04GC06C will remain unchanged at $183.2M.

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 is 10 U.S.C.

3204(a)(1), as implemented by FAR 6.302- (1), only one responsible source and no other supplies or services will satisfy agency requirements.

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. 3204(a)(1) is the property and services needed by the agency are available only from one responsible source and no other type of property or service will satisfy the needs of the agency as described below.

ESA and its subcontractors designed Nodes 2 and 3 and ESA Payloads facilities. ESA controls/maintains the product baseline and design knowledge for the hardware and maintains operations teams for the Nodes and ESA Payload Facilities. Contracting with another entity to re-engineer this hardware is not feasible as all hardware continues to be operational and on-orbit. As the Nodes 2 and 3 and ESA Payload facilities are permanent payloads and facilities of the ISS in orbit, it would not be feasible to utilize another source, as

NASA does not have a capability in place to replace (upmass/downmass) an element of this size and capacity post Shuttle retirement.

Although NASA has title ownership of ESA Nodes 2 and 3 and ESA Payloads facilities, the technical knowledge, drawings, data, and proprietary information continues to remain with ESA and its subcontractors. Any configuration changes, life extension certifications, assessments, or analysis required for on-orbit operations which affect the aforementioned facilities require the ESA to be available to assist NASA with implementing safe operational assessments, evaluations, acquisition of hardware, and/or repair efforts of ESA Nodes and ESA Payloads facilities.

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 March 23 2023, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source or extension to ESA. The results of this synopsis are summarized in Section 10 below.

FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

There is no cost currently anticipated in this action, with the remaining value sufficient to meet the requirements. The remaining value will be used on an as-needed basis to support the ISS program, and the Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Updated rates for the additional years may be submitted by ESA for incorporation into the extended contract. 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.

An analysis will be performed in accordance with FAR 15.403-3(c)(1). The Contracting Officer will request that personnel, with specialized knowledge related to the subject contract, perform a technical analysis of the proposed types and quantities of labor, processes, and other associated factors set forth in the proposal in order to determine the need for and the reasonableness of the proposed resources, assuming reasonable economy and efficiency.

Based upon an analysis of these and other similar resources, the Contracting Officer will determine that the anticipated cost will be fair and reasonable.

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:

No other contractor has the capability to provide the support needed since the technical knowledge, drawings, data, and proprietary information continue to remain with ESA and its subcontractors. Any configuration changes, life extension certifications, assessments, or analysis required for on-orbit operations which affect the aforementioned facilities require ESA to be available to assist NASA with implementing safe operational assessments, evaluations, acquisition of hardware, and/or repair efforts of ESA Nodes and ESA Payloads facilities.

Based on these details and the results of the posted synopsis summarized in Section 10, ESA has been determined to be the only responsible source.

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

None.

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). 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:

ESA and its subcontractors maintain all designer knowledge, drawings, and proprietary engineering products to address on-orbit operation support for all referenced hardware for ESA Nodes and ESA Payload Facilities. Furthermore, it is likely that an award to any other source would – (a) require re-engineering efforts; (b) result in unacceptable delays in fulfilling the Agency’s requirements; and (c) result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

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.