SBS005520_FOE_20260817_Redacted V2.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

Is this a brand-name justification? D Yes IZI No

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Contracting Activity: United States Space Force Space Systems Command/CMK (COMSO) 14850 Conference Center Drive Chantilly, VA 20151

Purchase Request / Local ID Number: SBS005520

D Yes

Program Name (and Program Element, if applicable): Ka-band High Throughput System (KaHTS) Ground Bounce

Estimated Cost/Price of the Order (including options): -

Type of Determination: IZJ Individual D Class Expires: [ click and select]

Fair Opportunity Exception: RFO 16.507-6(b) (Check the applicable subparagraph below.)

D (A) D (8) D (C) D (D) D (E) D (F) (g] (G) Check this box to display the RFO6.103 exceptions.

RFO 6.103

Exception:

6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

Click here for instructions to complete the boxes below.

( 1) Contracting Activity:

United States Space Force Space Systems Command/CMK (COMSO) 14850 Conference Center Drive Chantilly, VA 20151

(2) Nature and/or description of the action being approved:

The purpose of this Fair Opportunity Exception (FOE) is to obtain approval for awarding a Firm Fixed Price (FFP) task order under the Proliferated Low Earth Orbit (PLEO) Satellite-based Services (SBS) multiple award contract (MAC) to SpaceX for the procurement of Starshield Ka-band High Throughput System (Ka HTS) throughput services, direct peering services, and on-site support services supporting the program.

The Government requires Starshield KaHTS throughput services, direct peering services, and on-site support services. The Starshield KaHTS services are required to transmit high throughput, low latency service to

The direct peering services are required to peer to a separate, designated point of presence. The on-site support services are required to ensure the Ka HTS hardware is current, secure, and operable to transmit the Ka HTS throughput services.

, tracked as_, was awarded to SpaceX by the Defense Information The predecessor PLEO order Systems Agency (DISA) in mid 2025 with a ceiling value. The SpaceX PLEO IDIQ contract was awarded in July 2023 and this requirement is within scope of that award.

Estimated Lifec cle Period of Performance: 08/31 /2026- 08/30/2027 (one year base period) Appropriation:

(3) Description of the supplies/services required to meet the agency's needs:

The requires Starshield KaHTS throughput services, direct peering services, and on-site support services to satisfy critical mission operations as follows:

-Starshield KaHTS throughput services and direct peering services. The LEO satellites must transmit the Starshield KaHTS

May2026 Page 1 of5 ps up in at eac 1 1 , 1 st transmit the Starshield Ka HTS throughput service not less than 99.5 percent of the time with an end-to-end packet latency not to exceed 170 milliseconds. The service must provide direct peering at a designated point of presence.

-KaHTS on-site support services. These services will ensure the existing KaHTS hardware -compatible with the Starshield service, --is current, secure, and operable to transmit KaHTS throughput services.

-Intellectual property (IP) deliverables and associated IP rights. The IP deliverables associated with the satellite services SpaceX will provide the Government will consist of service availability reporting, notification of operational PLEO service activation, and network operations monitoring. The Government will acquire a license to commercial technical data specified in DFARS 252.227-7015(c)(2) included in those deliverables.

These items are essential for operational capabilities.

to achieve mission objectives, providing the necessary technical and

(4) Identification of the exception to fair opportunity and the supporting rationale, including a demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale must describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value):

This section provides the justification for invoking the exception to fair opportunity under RFO 16.507-6(b)(6)/RFO 6.103-(c)(2) (iii), which states an exception is authorized where the agency is awarding a follow-on contract for the continued production of highly specialized equipment and the continued provision of highly specialized services where award to any other source would result in "[s]ubstantial duplication of cost to the Government that is not expected to be recovered through competition."

On July 1, 2025, DISA awarded SpaceX a predecessor task order , tracked as-) under SpaceX's PLEO IDIQ contract with a ceiling value of- and a period of performance of one year. That task order required SpaceX to provide Ka HTS throughput service, direct peering, and on-site support to ; and KaHTS hardware, KaHTS hardware deployment, KaHTS hardware installation, and options for KaHTS throughput service and on-site support to■

. Under that task order, damage that occurred to the hardware installed at significantly delayed installation and subsequent follow-on planning activities.

Award to any source other than SpaceX would result in the Government incurring substantial duplication of cost of approximately-hat is not expected to be recovered through competition. This estimate is based upon the costs the Government incurred to procure, deploy, and install KaHTS hardware at the two sites identified in Section 3 above --equipment that is only compatible with the Starshield KaHTS throughput services and direct peering services described in that section.

Accordingly, no other source besides SpaceX can meet the agency requirements described in that section without the Space Force incurring substantial duplication of cost that is not expected to be recovered through competition.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

With the assistance of the CSCO Program Office, a Cost and Price Analyst, and in accordance with RFO 15.404-1 (b), the Contracting Officer will determine whether SpaceX's proposed price is fair and reasonable before award. Certified cost of price data is not required for this commercial acquisition, in accordance with RFO 15.403-2(b)(3). Proposal pricing of the sole source provider will be compared to the independent government cost estimate and historical data. Based on this analysis, the Contracting Officer will determine whether the negotiation price is fair and reasonable.

(6) Other facts supporting the justification:

None.

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Instructions for Completing the Template

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts.

(Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from RFO 16.507-6(b) and the supporting rationale. RFO 16.507-2(a) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding the micro-purchase threshold unless a statutory exception applies. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

RFO 16.507-6(b)(1): “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

RFO 16.507-6(b)(2): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information.

Supporting documentation may be attached to the back of the document. General statements are not acceptable.

RFO 16.507-6(b)(3): “The order must be issued on a sole-source basis in the interest of economy and efficiency as 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”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information.

General statements are not acceptable.

RFO 16.507-6(b)(4): “It is necessary to place an order to satisfy a minimum guarantee.”

RFO 16.507-6(b)(5): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

RFO 16.507-6(b)(6): “For DoD, the order satisfies one of the exceptions permitting the use of other than full and open competition listed in part 6.103 (10 U.S.C. 3406(c)(5)). The public interest exception must not be used unless Congress is notified in accordance with 10 U.S.C. 3204(a)(7).”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of fair opportunity could

May 2026 Page 5 of 5May 2026 Page 5 of 5 not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(6) Include a statement of the actions, if any, to be to be taken to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

New RFO 6.103 Exceptions for drop down 6.103-1 Only one responsible source and no other supplies or services will satisfy agency requirements 6.103-2 Unusual and compelling urgency 6.103-3 Industrial mobilization; engineering, developmental, or research capability; or expert services 6.103-5 Authorized or required by statute 6.103-6 National security 6.103-7 Public interest