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  1. Adapting To The Times Sumara M. Thompson-King Deputy General Counsel, National Aeronautics and Space Administration November 2013

  2. Adapting to the Times “Space Policy Redefined: The Reagan Administration and the Commercialization of Space.” W.D. Kay. Department of Political Science, Northeastern University. This research was funded by contract no. NASW-96014 of the National Aeronautics and Space Administration, BUSINESS AND ECONOMIC HISTORY, Volume Twenty-seven, no. 1, Fall 1988.

  3. Adapting to the Times • Robust Discussion of the Commercial Use of Space Is Not a New 21st Century Activity • Robust Discussion of the Relationship of Acquisition Practices and the Commercial Use of Space Is Not a New 21st Century Activity • Robust Discussion Amongst Decisionmakers and Stakeholders About the Commercial Use of Space Is Not a New 21st Century Activity • Robust Discussion of How to Structure the Relationship Between the United States Government and Others Regarding the Commercial Use of Space Is Not a New 21st Century Activity

  4. Adapting to the Times • What May Be New, What May Be Different Is: • How We Think About… • How We Prepare For… • How We Implement A Plan For… • How We Work With Others In… • …Adapting to the Times

  5. Adapting to the Times • Broader Perspective • Beneficial for Individual Performance • Beneficial for Achieving Mission Success • Broader Understanding through Knowledge of Historical Context • Know History • Know Current Events

  6. Adapting to the Times • Historical Context: Emergence and Growth of Space Activities: • On October 4, 1957, Russia orbited the first satellite, Sputnik. • NACA to NASA via the National Aeronautics and Space Act of 1958. • Government–owned, government-operated and government-financed launch systems • 1960s launches of commercial communications satellite by the United States. • November 11, 1982, STS-5 was the first Space Shuttle mission to carry commercial satellites • In the1980s, foreign governments and foreign business ventures launched commercial satellites. • Alternative launch sources; profit; competitive prices for launches; advancing technology.

  7. Adapting to the Times • Historical Context (Part I): Legislation and Policy Regarding Commercial Space Activities: • NSDD-94. “Commercialization of Expendable Launch Vehicles.” National Archives and Records Administration. (ARC ID: 198240). May 16, 1983. • http://marshall.wpengine.com/wp-content/uploads/2013/09/NSDD-94-Commercialization-of-Expendable-Launch-Vehicles-16-May-1983.pdf • Commercial Space Launch Act (P.L. 98-575), signed by President Reagan on October 30, 1984, • Established Office of Commercial Space Transportation in the Department of Transportation (DOT) as the federal agency responsible for facilitating and regulating commercial space launch activities (a task currently assigned within DOT to the Federal Aviation Administration). • its 1988 amendments (Pub.L. 100-657) that provided for government indemnification of commercial space launches for amounts between $500 million and $2 billion (which was extended in several subsequent laws) • its 2004 amendments (Pub.L. 108-492) that provide for regulation of commercial human spaceflight • Sec. 102(c) The Congress declares that the general welfare of the United States requires that the National Aeronautics and Space Administration (as Established by title II of this Act) seek and encourage, to the maximum extent possible, the fullest commercial use of space. • Added by the National Aeronautics and Space Administration Authorization Act, 1985, Pub. L No.98-361, • http://history.nasa.gov/spaceact-legishistory.pdf

  8. Adapting to the Times • Historical Context (Part II): Legislation and Policy Regarding Commercial Space Activities: • In 1988, the U.S. announces a new space policy that includes a new Commercial Space Initiative to encourage U.S. commercial satellite launches to be privatized and limit NASA's involvement in commercial space operations. • Launch Services Purchase Act (42 U.S.C. 2465d)), signed by President G.H.W. Bush on November 5, 1990. Required NASA to purchase launch services for its primary payloads from commercial providers. • Commercial Space Act of 1998 (Pub. L. 105-303), to encourage the development of a commercial space industry in the United States. • http://www.nasa.gov/offices/ogc/commercial/CommercialSpaceActof1998.html • Commercial Space Transportation Competitiveness Act of 2000 (Pub.L. 106-405), to promote the development of the commercial space transportation industry

  9. Adapting to the Times • Not “Either-Or” But Both • Research and Development Efforts • Seek and Encourage, to the Maximum Extent Possible, the Fullest Commercial Use of Space.

  10. Adapting to the Times • Thinking About and Participating in Supporting the NASA Mission: • Know Yourself • Know Your Internal Stakeholders • Know Your External Stakeholders • Know The Options, Know The Issues

  11. Adapting to the Times • Know Yourself • “If It Ain’t Broke, Don’t Fix It” Thinking Can Sometimes Lead to More Extensive and Costly Repairs • Boilerplates vs. Critical Thinking • Learn or Enhance a Skill • Uncle Cal’s tube television • Demonstrate Information Sharing and Collaboration • Diversity of Thoughts • Don’t Let Work from Anywhere Result in Work from Nowhere • Maintain Your Integrity

  12. Adapting to the Times • Know Your Internal Stakeholders • Read the NASA websites • Read the strategic plans • Read the Budget • Read the Pertinent Appropriations and Authorization legislation

  13. Adapting to the Times • Know Your External Stakeholders (KYES) • Congress • Executive Branch • Judicial Branch • Industry • Academia • International Entities • State and Local Governments • Media • Public

  14. Adapting to the Times • KYES--Congress • FY 2014 Continuing Resolution, H.R. 2775, P.L. 113-46. • An Act Making continuing appropriations for the fiscal year ending September 30, 2014, and for other purposes. • at current rate, until January 15, 2014, retroactive to October 1, 2103; reportedly, the measure scores at $986.3B, consistent with the FY 2013 sequester level. • SEC . 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2013. • Subsumes the provisions of the “Pay Our Military Act” appropriations into the Continuing Resolution levels;. Prohibition on cost of living adjustment for Members of Congress for FY 2014.; Back pay for furloughed Federal workers. • Maintains government-wide restrictions and reporting requirements relating to agency spending on conferences. • Clean debt limit suspension until February 7, 2014, subject to Congressional disapproval process. • Agreement to go to FY 2014 budget conference, appoint conferees, and report out by December 13, 2013.

  15. Adapting to the Times • KYES--Congress • The House Oversight and Government Reform Committee consolidated two subcommittees that oversee major agency functions, such as procurement and technology, into a new one called the Subcommittee on Government Operations. • The Government Operations Subcommittee combines most of the jurisdictions of the Subcommittee on Government Organization, Efficiency, and Financial Management and the Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform. • H.R. 3345 -- the Stop Unworthy Spending Act – plan to consolidate more than 40 executive agency suspension and debarment offices into one centralized board, though larger agencies could continue to operate their own offices if they demonstrate effectiveness. • http://oversight.house.gov/subcommittee/subcommittee-on-government-operations/ • The Committee on Homeland Security and Governmental Affairs as we know today did not begin as a committee charged with overseeing how the federal government operates. • Armed Services Committee initiates the National Defense Authorization Act (NDAA). • The House Armed Services Committee is taking another crack at defense acquisition reform. Committee chairman Buck McKeon (R-Calif.) recently tasked Vice Chairman Mac Thornberry (R-Texas) to head up a new panel looking at ways to reform the defense acquisition process.

  16. Adapting to the Times • KYES--Executive Branch • NASA Interactions with: • OMB (Budget and Programs) • FAA (Commercial Space and Aeronautics) • DoC/NOAA (Weather and Climate) • DoE (Power for Spacecraft) • DARPA (New Technology) • KYES--Judicial Branch • Non-FAR based selections

  17. Adapting to the Times • KYES--Industry • Established and Emerging Businesses • “The Familiar” and “The Trending” • Small Business Opportunities • KYES-- Academia • Information Sharing with Foreign Partners • KYES-- International Entities • Budgets • KYES-- State and Local Governments • Local Business Opportunities—Jobs and Wage Rates • Environmental Issues • KYES-- Media • “Linking In” • KYES-- Public • Have a Plan and Execute It Fairly and Be Cost Effective

  18. Adapting to the Times • Know The Options, Know the Issues • Considerations If Using a FAR-based Instrument or a Non-FAR-based Instrument • Know the Purpose: Requirements Definition • Examine and Identify Appropriate Legal Instrument • Involvement of the Appropriate Stakeholders Early in the Process • Examine and Identify Appropriate Clauses • Be Creative, Be Realistic • Have a Plan and Execute It Fairly and Be Cost Effective

  19. Adapting to the Times • Know The Options, Know The Issues • Become an Effective Negotiator • Recognize that Different Legal Instruments Have Different Intellectual Property Rights • FAR contracts • Other Transaction Agreements • CRADAs • Communicating with Industry • Established Companies • Emerging Companies

  20. Adapting to the Times • Know The Options, Know The Issues • LPTA vs. Best Value • Use the Appropriate Contracting Method • Be Prepared for New Approaches: • Hosted Payloads • Agency Mobile Initiatives • Access and Security Issues • ITAR • Access to NASA Facilities, Personal Property, IT Systems and Data

  21. Adapting to the Times • Know The Options, Know The Issues • Recognizing that Oversight and Audits Will Occur • Congress • OIG • GAO • Recognizing that Everyone Doesn’t Act with Integrity • NASA’s Acquisition Integrity Program (AIP) • Procurement and NonprocurementSuspension and Debarment • Counterfeit Parts

  22. Adapting to the Times • President Reagan’s Statement on Signing the Commercial Space Launch Act October 30, 1984 • I am pleased to sign into law H.R. 3942, the Commercial Space Launch Act. One of the important objectives of my administration has been, and will continue to be, the encouragement of the private sector in commercial space endeavors. • The National Aeronautics and Space Administration Authorization Act of 2010, Public Law 111–267. • SEC. 2. FINDINGS. • Congress makes the following findings: (3) The National Aeronautics and Space Administration is and should remain a multi-mission agency with a balanced and robust set of core missions in science, aeronautics, and human space flight and exploration.