Unmanned Aircraft Detection System JOFOC Signed_Redacted.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Kennedy Space Center (KSC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

For Unmanned Aircraft Detection System

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), the procuring agency, and KSC, the contracting activity.

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 Moog, Inc. d.b.a. Electro-Optical Imaging for detection, monitoring, and threat analysis of Unmanned Aircraft Systems (UAS) at NASA KSC.

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 NASA KSC Flight Operations Office and NASA KSC Protective Services Office are responsible for all KSC UAS flight activity, and the protection of NASA personnel and assets respectively. NASA has an ongoing need for UAS detection and threat analysis at the Kennedy Space Center. NASA KSC is comprised of over 144,000 acres of land, of which over half is public access. All UAS flights over NASA KSC property, whether inside or outside the security perimeter, are restricted and only occur with the approval of NASA KSC Flight Operations.

Additionally, the entirety of the Kennedy Space Center is coincident with the Merritt Island National Wildlife Refuge (MINWR), over which unauthorized UAS flights are also prohibited.

The proximity of public access areas to critical high-value flight hardware and launch assets is an ongoing concern, and the flight of unauthorized UAS represents a significant risk to the public, flight hardware, critical launch infrastructure, personnel, and security operations. The services provided by this acquisition will provide real-time detection capability for unauthorized UAS flights over and around KSC and will provide threat analysis of detections to provide NASA KSC Protective Services insight into developing and trending threats to NASA assets and personnel.

Currently, KSC does not have a UAS detection system that provides notification of UAS flights to NASA KSC Protective Services and NASA KSC Flight Operations in real-time and that provides proactive analysis and threat determination.

This acquisition will provide UAS detection and analysis services to NASA KSC, based on developed Federal Bureau of Investigation (FBI) systems and processes that will detect and locate any UAS flight within at least 30km of the deployed sensors. The acquisition will also provide technical and threat analyses for NASA KSC and will provide real-time detection and alerting capabilities to NASA KSC personnel. The acquisition will also integrate FBI analysis techniques and tools into hardware, response tactics, procedures, and law enforcement options.

The Period of Performance will be a total of five years that consist of a base of one year and four one-year option periods commencing on October 1, 2020, and ending on September 30, 2025. The total estimated value of this acquisition is

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.

2304(c)(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. 2304(c)(1) is that NASA KSC requires counter UAS detection services that can accurately detect and identify unknown UAS out to a distance of at least 30km (with a goal of 40-50km), be able to provide rapid and timely information to multiple users for response and mitigations at all times, and be fully compatible with the FBI counter UAS systems, procedures, and protocols. Additionally, the supplier of NASA KSC counter UAS systems must have a proven ability to be able to comply with, and operate within, the restrictive radio frequency (RF) environment at KSC, and must have an existing knowledge of KSC’s natural environment’s impact on counter UAS system capabilities. The data provided under this contract will be utilized to make rapid and critical decisions to protect NASA personnel, the public, launch vehicles, flight hardware, critical high-value assets, and security interests, and is required to be fully mission capable at the start of the contract. Electro-Optical Imaging is the only viable supplier that meets all of the government’s requirements.

To protect from UAS threats, NASA must rely on other federal agencies that have been granted authority to mitigate them. Currently, only the FBI is authorized to interdict and mitigate UAS threats over NASA-KSC property. NASA has requested, through official channels, that the FBI provide UAS protection for certain high visibility events. Due to other priorities, the FBI cannot dedicate detection equipment at KSC to protect NASA assets but can detail agents to the Kennedy Space Center to operate already in-place equipment. To this end, NASA intends to contract with Electro-Optical Imaging to provide UAS detection services and equipment fulltime at KSC that will, when required, be utilized by the FBI under their authorities and jurisdictions.

Currently, the FBI contracts with Electro-Optical Imaging to provide the hardware, systems, and personnel for their detection systems and efforts. Through this contract, Electro-Optical Imaging has developed the hardware, systems, and procedures for the FBI for their UAS interdiction and mitigation systems and procedures.

The FBI is trained on and utilizes the counter UAS system extensively, and can deploy to KSC to operate an existing counter UAS system with no delay or training required. This eliminates the need to constantly develop new tactics, techniques, and procedures (TTP) for rotating Agents, and provides both cost and schedule impact reductions. Electro-Optical Imaging is the only contractor who can meet this FBI compatibility requirement. By providing these systems, and more importantly the analysis of their data to the FBI, Electro- Optical Imaging is the only supplier who can provide a like system at KSC for FBI use when required. Due to law enforcement sensitivities and sensitive information and processes, no other contractor has the insight into the FBI counter UAS TTPs that is provided by Electro- Optical Imaging. If NASA were to procure counter UAS services/systems through other means, it would not be capable of integrating into the FBI, would reduce the amount of time the FBI can provide support, and greatly increase the cost and schedule burden to the Government.

Additionally, NASA-KSC is a very RF sensitive environment with extensive restrictions and regulations regarding RF operations and provides many unique and challenging environments that require a knowledge of the area that can only be developed over time.

To this end, NASA KSC requires that the contractor have existing knowledge of the KSC RF, natural, and operational environments. NASA-KSC also requires the supplier to have a detailed understanding of the surrounding area and its effect on counter UAS systems to ensure that the correct equipment, and capabilities, are deployed and implemented immediately. Due to the critical and sensitive security nature of this system, NASA-KSC requires the supplier to begin fully mission capable operations at contract start without a phase-in or build-up period.

Moog Space and Defense has operated and tested counter UAS systems in support of their FBI contract at KSC for over 6 months, and currently has the required systems installed and operational at KSC. During this time, they have gained the experience the Government requires in the operation of counter UAS systems at KSC, and are the only supplier who can begin FBI operationally capable, KSC environment compliant, fully mission capable operations at contract start.

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 5.202applies:

A notice to the Government Point of Entry Web site, (beta.sam.gov), will be published in accordance with FAR Subpart 5.2. The posting will inform potential sources of NASA’s intent to award to Moog, Inc. d.b.a. Electro-Optical Imaging as a sole source; only one responsible source and no other supplies or services will satisfy Agency requirements.

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 issuance of any contract award, the Contracting Officer will conduct a proposal analysis, to include a price, where applicable, to sufficiently determine the contract action is fair and reasonable to meet the Government’s needs. Reasonableness of proposed price will be established in accordance with FAR 15.404-1(b)(2)(ii), comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

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

In accordance with FAR 10.002(b)(2)(i), The Contracting Officer met with NASA KSC Flight Operations and Protective Services personnel to discuss the required capabilities and known industry sources for the UAS detection and analysis. These representatives are intimately familiar with the market for these services and are not aware of any other company that has the combination of hardware, knowledge, and FBI counter UAS experience that meets the requirements for UAS detection at KSC. The representatives conducted market research on manufacturer’s literature, had direct interactions with Moog Incorporated’s technical experts under KCA-4614, and participated in system demonstrations and found that no other provider meets the defined requirements.

Additionally, the Contracting Officer conducted discussions with FBI representatives who have worked with Moog Incorporated in the performance of their FBI contract and determined that Moog’s technical capabilities well exceed those of the broader industry and are more than capable of meeting NASA-KSC’s technical and operational requirements.

The Contracting Officer also evaluated other US Government agencies efforts to deploy counter UAS systems at KSC and found those attempts, and systems, to have not provided the stable and consistent solution that NASA KSC requires for full-time monitoring and detection.

Their performance was sub-par and would not provide the fidelity and accuracy that NASA- KSC requires.

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:

There are no sources of expressed interested at this time. The proper actions will be taken to record any and/or all sources that show interest in the acquisition.

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:

The only possible action that the Agency could take to overcome barriers to competition would be the termination of the agreement. This action would be contrary to the stated goals to protect and safeguard NASA-KSC personnel, hardware, US Air Force personnel and hardware, and commercial launch provider personnel systems and hardware.

Unmanned Aircraft Detection System

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

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

John Graves Technical Representative

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

Lisa Morales Contracting Officer