Author Topic: Commercial Crew Program backs away from Space Act Agreement  (Read 68503 times)

Offline Jim

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #20 on: 07/21/2011 09:06 pm »
It also feels like NASA anticipated this reaction from industry.

There have been rumors for the last month, ever since the Space Act Agreement Authority was rewritten a month ago to eliminate Sec 5 which authorized Funded Space Act Agreements. Now there is no such thing.

It is still there

http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1050&s=1H

http://nodis3.gsfc.nasa.gov/NPD_attachments/NAII_1050_1B.pdf
« Last Edit: 07/21/2011 09:07 pm by Jim »

Offline Norm Hartnett

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #21 on: 07/21/2011 09:17 pm »
Sorry Jim but Chapter 5 is missing.

I'll go through the language of the 2008 version and this 2011 version but I know that the lawyers for both SpaceX and Blue Origin were very concerned.
“You can’t take a traditional approach and expect anything but the traditional results, which has been broken budgets and not fielding any flight hardware.” Mike Gold - Apollo, STS, CxP; those that don't learn from history are condemned to repeat it: SLS.

Offline Norm Hartnett

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #22 on: 07/21/2011 09:24 pm »
http://www.nasa.gov/pdf/289016main_Space%20Act%20Agreements%20Guide%202008.pdf
The 2008 Space Act Agreement had extensive language on Funded SAAs.

The 2011 Space Act Agreement says

1.8. FUNDED AGREEMENT
Funded SAA are agreements where appropriated funds are transferred to a domestic Partner to
accomplish an Agency mission. Funded SAAs should only be used when Agency objectives
cannot be achieved through any other agreement instrument, such as a Federal Acquisition
Regulation contract under the Armed Services Procurement Act, a Grant or Cooperative
Agreement under the Federal Grants and Cooperative Agreements Act of 1977 (Chiles Act), or a
Reimbursable or Nonreimbursable agreement under the Space Act. Prior to using a funded SAA,
the Center Director or Mission Directorate Associate Administrator, or Assistant Administrator,
as appropriate must determine, in consultation with the Office of the General Counsel or Chief
Counsel, as appropriate, and the CFO, that a funded SAA is the appropriate legal instrument for
the activity. Additional guidance on Funded SAAs is under development and will be provided at
a later time.

This kind of change has got to be worrying when you are expecting to derive income from a Funded SAA.
“You can’t take a traditional approach and expect anything but the traditional results, which has been broken budgets and not fielding any flight hardware.” Mike Gold - Apollo, STS, CxP; those that don't learn from history are condemned to repeat it: SLS.

Offline kraisee

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #23 on: 07/21/2011 11:01 pm »
I'm with Jim on this. I think this is actually a fairly good thing.

It seems intended to significantly reduce the amount of bureaucracy that was involved in the SAA process and with the normal FAR contracting methods too.

Assuming that this new contracting method actually gets approved, it will create a new means for the agency to fund commercial crew activities with lower overheads than are possible today -- which is especially helpful given the loss of SAA Chapter 5.

The only aspect I'm a little concerned about, is the change from SAA's "Minimal Cost Reporting" approach to "No Cost Reporting". Zero cost reporting just sounds like an invitation for abuse of the system to me.

Other than that, I think this is a positive thing for commercial crew.

Ross.
« Last Edit: 07/21/2011 11:02 pm by kraisee »
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Offline Robotbeat

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #24 on: 07/21/2011 11:11 pm »
I'm with Jim on this. I think this is actually a fairly good thing.

It seems intended to significantly reduce the amount of bureaucracy that was involved in the SAA process and with the normal FAR contracting methods too.
No, that's not at all what this is about. This is about increasing the bureaucracy, since--according to the video--NASA doesn't feel SAA gives them enough authority to mandate specific requirements. According to slide 14, this increases the amount of NASA management. I'm concerned that this is NASA's crushing bureaucracy trying to get a foothold in Commercial Crew. I'd like to be proven wrong.
Quote
Assuming that this new contracting method actually gets approved, it will create a new means for the agency to fund commercial crew activities with lower overheads than are possible today -- which is especially helpful given the loss of SAA Chapter 5.

The only aspect I'm a little concerned about, is the change from SAA's "Minimal Cost Reporting" approach to "No Cost Reporting". Zero cost reporting just sounds like an invitation for abuse of the system to me.
You have it backwards.
Quote

Other than that, I think this is a positive thing for commercial crew.

Ross.
Did you watch the whole video? I don't see how that's the sort of impression you could get.

Maybe Jim is right (one can't do much better than to just follow all of his predictions!), and this is no big deal, but I'm not convinced, yet.
« Last Edit: 07/21/2011 11:13 pm by Robotbeat »
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Offline yg1968

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #25 on: 07/22/2011 12:11 am »
The fact that every person involved in commercial crew was very much opposed (to the point of being almost hostile) to the proposal of moving away from Space Act agreements is telling. It's like NASA is saying "this is in our best interest as it allows us more oversight over you. It's better for us as it allows us to the human rating requirements that we have imposed on you. We win with this proposal and we don't care if you lose." Very disapointing. Bobby Block almost called it a conspiracy.
« Last Edit: 07/22/2011 04:56 pm by yg1968 »

Offline yg1968

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #26 on: 07/22/2011 12:20 am »
Geesh, let this work out.   If NASA is going to pay out some money for development, it has the right to have some of its requirements met.

The point that was made by Bigelow, Blue Origin, SpaceX and others was that such requirements can be imposed through a Space Act Agreement (like it was under COTS). They also made the point that with a FAR contract comes a lot of additionnal requirements that are cumbersome and that are not useful either for NASA or for the commercial crew company (regional development requirements, etc.).
« Last Edit: 07/22/2011 12:30 am by yg1968 »

Offline RocketEconomist327

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #27 on: 07/22/2011 02:53 am »
Geesh, let this work out.   If NASA is going to pay out some money for development, it has the right to have some of its requirements met.

The point that was made by Bigelow, Blue Origin, SpaceX and others was that such requirements can be imposed through a Space Act Agreement (like it was under COTS). They also made the point that with a FAR contract comes a lot of additionnal requirements that are cumbersome and that are not useful either for NASA or for the commercial crew company (regional development requirements, etc.).

This is correct.  Moreover, this will dismantle what has made COTS and CCDev so successful to this point.  The FAR requirements add layer upon layer of bureaucracy and delay.   

I have been told that the old SAA model would have worked just fine.  I do agree with Jim that NASA needs to have the ability to impose requirements.  However, this can all be done on the front end with an SAA.  At least, this is how one incredibly brilliant lawyer explained it to me.

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Offline yg1968

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #28 on: 07/22/2011 04:50 pm »
http://commercialcrew.nasa.gov/page.cfm?ID=32

The video is rather long but worth watching all the way through.

Rumors have been floating around for the last month that now appear true. I expect fireworks.

o.o

Here is the presentation from that forum converted into a PDF format:
« Last Edit: 07/22/2011 04:51 pm by yg1968 »

Offline yg1968

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #29 on: 07/23/2011 03:26 am »
SpaceNews has written an article about this:
http://www.spacenews.com/civil/110722-nasa-shifts-plan-ccdev.html

Offline Norm Hartnett

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #30 on: 07/23/2011 04:44 am »
Satellite Spotlight has also picked up on the story.

http://satellite.tmcnet.com/topics/satellite/articles/199626-post-shuttle-nasa-commercial-sectors-differ-timetable-means.htm

They also pointed out something I'd overlooked.

Quote
A point not addressed in the forum is a target on a Powerpoint slide to run to run the first ISS commercial crew delivery mission by the end of FY 2016 - September 30, 2016. Boeing, Sierra Nevada, and SpaceX have all said they are capable of conducting manned test flights in 2014 and fly the first ISS commercial crew flights in 2015.
“You can’t take a traditional approach and expect anything but the traditional results, which has been broken budgets and not fielding any flight hardware.” Mike Gold - Apollo, STS, CxP; those that don't learn from history are condemned to repeat it: SLS.

Online Comga

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #31 on: 07/23/2011 05:27 am »
I admit that I know little about the mechanics of NASA contracting, despite having worked under them for decades, but this "Commitment to Industry" from slide 15 concerns me:

"Allowing flexibility in design solutions below Program level 2 type requirements"

The inverse of this means that there should be no "flexibility in design solutions" for "Program level 2 type requirements" and above.

How does no flexibility in design solutions for the most critical aspects, which could be anything that involves crew safety, differ from a traditional NASA contract?
What kind of wastrels would dump a perfectly good booster in the ocean after just one use?

Offline joek

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #32 on: 07/23/2011 06:09 am »
They also pointed out something I'd overlooked.

The schedule slide is labeled "Notional" so I didn't read much into it.  I expect the details won't be known until well into IDC (if not later).  And as always, schedule will depend on funding; good reasons for NASA to remain conservative/pessimistic with regards to schedule at this point.

Offline Jim

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #33 on: 07/23/2011 12:40 pm »
Geesh, let this work out.   If NASA is going to pay out some money for development, it has the right to have some of its requirements met.

NASA's requirements cost far too much in time and money. If we let NASA requirements govern the airline industry we would still be watching barnstormers from the 1930's as representing state of the art air travel.

People seem to think that the commercial companies are stupid and don't know what to do. People forget that it was commercial companies who built every spacecraft NASA has ever flown. NASA needs to let them alone and let them do what they know how to do. They are not going to field an unsafe spacecraft. NASA needs to identify its need and let them fill it. If NASA wants to do cost sharing then let them but NASA doesn't get to muck this up like everything else it has touched lately.

Let NASA do with these guys what the Air Force does; set the needed specs, oversee the development (hands off) and get out of the way.


That is the whole point, whether SAA's can have specs

Online clongton

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #34 on: 07/23/2011 12:53 pm »
Geesh, let this work out.   If NASA is going to pay out some money for development, it has the right to have some of its requirements met.

NASA's requirements cost far too much in time and money. If we let NASA requirements govern the airline industry we would still be watching barnstormers from the 1930's as representing state of the art air travel.

People seem to think that the commercial companies are stupid and don't know what to do. People forget that it was commercial companies who built every spacecraft NASA has ever flown. NASA needs to let them alone and let them do what they know how to do. They are not going to field an unsafe spacecraft. NASA needs to identify its need and let them fill it. If NASA wants to do cost sharing then let them but NASA doesn't get to muck this up like everything else it has touched lately.

Let NASA do with these guys what the Air Force does; set the needed specs, oversee the development (hands off) and get out of the way.


That is the whole point, whether SAA's can have specs

SAA's are unfunded are they not?

If that is true then it's the golden rule. The one with the gold sets the rules. If NASA wants to set the rules then they have to come up with the cash. Otherwise NASA can tell the commercial companies what they want and the commercial companies set the rules.

Setting specs to meet is fine because that's telling the commercial companies what NASA, the *customer* would like and the companies can then choose whether or not to participate with their own money, but imposing *anything* else is outside the scope of an unfunded SAA.
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Offline yg1968

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #35 on: 07/23/2011 01:14 pm »
Only the SAA with ULA is unfunded. All the other CCDev-2 SAAs are funded.

But can't the human requirements be imposed through the FAA or else through the certification requirements. I am not sure why the certification process has to be tied to the SAA. The only company that said that they did not intend to follow the NASA certification requirements is Blue Origin.
« Last Edit: 07/23/2011 01:16 pm by yg1968 »

Offline Jim

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #36 on: 07/23/2011 01:31 pm »


SAA's are unfunded are they not?

If that is true then it's the golden rule. The one with the gold sets the rules. If NASA wants to set the rules then they have to come up with the cash. Otherwise NASA can tell the commercial companies what they want and the commercial companies set the rules.

Setting specs to meet is fine because that's telling the commercial companies what NASA, the *customer* would like and the companies can then choose whether or not to participate with their own money, but imposing *anything* else is outside the scope of an unfunded SAA.

No, they can be funded.  COTS is a funded SAA

Offline Jim

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #37 on: 07/23/2011 01:32 pm »
Only the SAA with ULA is unfunded. All the other CCDev-2 SAAs are funded.

But can't the human requirements be imposed through the FAA or else through the certification requirements. I am not sure why the certification process has to be tied to the SAA. The only company that said that they did not intend to follow the NASA certification requirements is Blue Origin.

FAA has no certification requirementsvfor NASA

Online clongton

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #38 on: 07/23/2011 01:46 pm »


SAA's are unfunded are they not?

If that is true then it's the golden rule. The one with the gold sets the rules. If NASA wants to set the rules then they have to come up with the cash. Otherwise NASA can tell the commercial companies what they want and the commercial companies set the rules.

Setting specs to meet is fine because that's telling the commercial companies what NASA, the *customer* would like and the companies can then choose whether or not to participate with their own money, but imposing *anything* else is outside the scope of an unfunded SAA.

No, they can be funded.  COTS is a funded SAA

Yes I know they *can* be but the SAA with ULA is *un* funded, correct (I wasn't clear)? If so then NASA does not have the authority to impose anything beyond setting the specs it wants to see. It's then up to ULA to *choose* whether or not to participate and if they do then because they are funding it 100% with their own money then ULA sets the rules *not* NASA. ULA knows what they are doing. The best thing NASA can do is to *get out of the way* and let ULA do its thing without interference.
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Offline yg1968

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Re: Commercial Crew Program backs away from Space Act Agreement
« Reply #39 on: 07/23/2011 01:58 pm »
Only the SAA with ULA is unfunded. All the other CCDev-2 SAAs are funded.

But can't the human requirements be imposed through the FAA or else through the certification requirements. I am not sure why the certification process has to be tied to the SAA. The only company that said that they did not intend to follow the NASA certification requirements is Blue Origin.

FAA has no certification requirements for NASA

They will after December 2012.

http://oig.nasa.gov/audits/reports/FY11/IG-11-022.pdf

Quote
However, in December 2012 the FAA is authorized to begin proposing regulations concerning the safety of passengers and crew involved in commercial spaceflight. As previously discussed, NASA plans to impose its own set of requirements, standards, and processes that commercial partners must meet to obtain a certification before transporting Agency personnel. Accordingly, NASA must coordinate with the FAA to avoid an environment of conflicting requirements and multiple sets of standards for commercial companies seeking to transport Government and non-Government passengers to low Earth orbit. Toward that end, the FAA and NASA have expressed a spirit of cooperation, and both groups have agreed that the goal is FAA licensing of commercially developed vehicles used to transport NASA personnel. Additionally, the agencies are co-locating personnel at NASA Headquarters, FAA field offices, and Johnson and Kennedy Space Centers to optimize Government oversight of commercial partners through compatible requirements, standards, and processes

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