06__JOTFOC_-_Redacted_3.pdf

Solicitation Number: 140R2021Q0097 Page 1 of 7

WBR 1406.303-1 Template 1 (04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

U.S. Department of the Interior, Bureau of Reclamation, Acquisitions Division, Supply and Services Branch, Sacramento, CA 95825.

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

This requirement is to provide aerial snow surveys for the Upper Carson, Tahoe, Truckee and San Joaquin Basins. Reclamation anticipates this action to be a Firm-Fixed Price purchase order for services. The Lahontan Basin Area Office (LBAO) received funding from the Snow Water Supply Forecasting Program from Reclamation’s Research and Development office. The funds are to be used on tasks conducted in fiscal year 2022.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

The objective of this contract is to acquire spatial snow depth measurements across the upper portions of the Carson, Tahoe, Truckee, and San Joaquin watersheds and be provided accurate spatial estimates of snow water equivalent and snow albedo. These surveys will be acquired through remote sensing (LiDAR and imaging spectrometer), conducted at periodic or strategic intervals, and may span across accumulation and ablation phases of a winter season. Measurements must be robust to steep terrain, forested areas, and capture the full variability in snow depth. Data acquisition must be able to respond to changing weather, be able to deploy with short notice, and data reporting must allow Reclamation to make reservoir management decisions in near real-time. The advances in runoff forecasting made possible by remotely sensed snow surveys creates substantial benefits to water users and environmental commitments and provides broad public benefits such as reduced flood magnitude and improved water supply estimates.

The aspects of the service that are required by Reclamation include: 1) snow depth accuracy with 5 cm precision (averaged over 50 meters) across extremely rugged mountains and underneath forest canopy at a resolution of approximately 1 point per square meter, 2) snowmelt modeling and snow density modeling to derive snow water equivalent volume and snow albedo, which requires substantial expertise in snow science, 3) ability to acquire snow surveys from February 1 through Aug 1 within 72

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(04/2021) hour-notice (weather permitting), and 4) ability to fully process data at full resolution within 72 hours and produce a report on current snowpack state.

It is important for these surveys to be performed using the airborne snow observatory methodology to guarantee continuity of historical data of snow measurement efforts previously performed by NASA. The observatory technology will provide stability for reservoir management without interruption of critical information sources and to ensure continuity of information and operations for these critical public safety and reservoir management tasks.

The period of performance for this requirement shall be from October 30, 2021 through September 30, 2022.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)).

Authority FAR Coverage Application ☒ 41 U.S.C. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but below $7M) ☐ 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

☐ 41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

☐ 41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

☐ 41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement ☐ 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute ☐ 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security ☐ 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

In March 2020 and 2021, Reclamation pursued and executed similar purchase orders for the California Great Basin 170 office (140R2020P0016 & 140R2021P0038) for remote sensing of snowpack using the airborne snow observatory methodology. The orders were issued on a sole source basis to Airborne Snow Observatories, Incorporated. (ASO, Inc.), using the authority at FAR 13.501, only one responsible source using Simplified Acquisition Procedures (above SAT but below $7M). ASO, Inc., holds the sole license of the snow observatory software that was developed by NASA/Jet Propulsion Laboratory (JPL) but was transferred to ASO as a result of a technology transfer process in 2019.

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(04/2021)

Prior to the issuance of the above-mentioned purchase orders, the snowpack surveys were accomplished by NASA/Jet Propulsion Laboratory and funded in part by an Inter-Agency Agreement between Reclamation and NASA.

Reclamation is again in need of aerial snow surveying utilizing the same airborne snow observatory methodology for this similar requirement for the Lahontan Basin Area Office. With years of previous experience using the airborne snow observatory methodology, it is important to use this software suite to ensure continuity of data and reliability for reservoir management. As this is a newly developed product, ASO, Inc., is the only source that is capable of snowpack measurement using the airborne snow observatory platform to meet the Government’s needs.

ASO Inc. is well-qualified to conduct this work, being owned by the inventors of the technology while under Government contract with Jet Propulsion Laboratory. ASO Inc.

staff has seven years of experience conducting aerial snow surveys in an operational setting, plus additional years in a research setting. The ASO team has pioneered the integration of airborne lidar and spectrometer mapping of mountain snow cover to produce decision-support data on operational time scales. Its data production process, from flight through data processing and modeling to data delivery and service, utilizes flight optimizations through the ASO software platform. This software implements an exclusive, purpose-built, and fast processing pipeline, to deliver data products designed in concert with operational water and land management partners. This capacity is unique in the geospatial industry.

Additionally, ASO, Inc. has the ability to generate spatially complete maps of snow water equivalent (the depth of water if the snow were to melt instantaneously) and snow albedo (reflectivity, which controls snowmelt rates) through coupled remote sensing and snowmelt runoff modeling frameworks to provide the best possible water resources data.

The uniqueness of ASO, Inc. comes from the experience of the team in producing coincident snow depth, snow water equivalent, and snow albedo data.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

The Contracting Officer (CO) utilized various research vehicles such as sources-sought announcements, a GSA Advantage search, the SBA’s Dynamic Small Business Search, and a search of previous purchases of similar requirements to inform the industry of the upcoming requirement in order to maximize competition. In this research, a copy of the Performance Work Statement which detailed the scope, schedule and deliverables of the requirement was provided.

The announcements stated that firms capable of providing the services being acquired must submit a written notice that demonstrated their ability to meet the stated requirement. The notices also stated that the required snow survey must be equivalent to

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(04/2021) or better than NASA Airborne Snow Observatory methodology. Refer to paragraph 8b below for results of the posting/announcements.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Contracting Officer will evaluate and ensure that the price is fair and reasonable in accordance with the evaluation techniques at FAR Part 13.106-3.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

The Contracting Officer and the Program Office conducted market research in support of this acquisition. The results are as follows:

a. Program Office:

(technical representatives from the Program Office) examined the Reclamation-Wide Aerial Photography Indefinite Delivery/Indefinite Quantity (IDIQ) Contract No. 140R4018D0005 for application to the 2022 snowpack surveys. Additionally, these individuals conducted a series of discussions with ASO, Inc.

to determine how this new survey acquisition can be utilized by one of the IDIQ companies and how ASO, Inc. might support or function, or alternatively utilize the IDIQ as a subcontract to ASO, Inc. for the snowpack analysis portion. The representatives made the following observations.

• The process of measuring snowpack remotely through the methods described as the Airborne Snow Observatory is a combination of LiDAR and spectrometer acquisition of the snow-covered surface and software processing. The licensing from NASA to ASO Inc. covers the realm of remote sensing data processing as well as the basin modeling and flight optimization.

• The data from LiDAR and spectrometer is not governed by any special license, yet it is different than most aerial imagery applications. The LiDAR is collected at a lower laser pulse density than normal LiDAR, flown at a higher altitude to reduce parallax in rough terrain and speed data collection, and LiDAR is integrated with the spectrometer data.

• The imaging spectrometer needed (also referred to as a hyperspectral camera) is a higher class of instrument than a multispectral imager referenced in the IDIQ. Instead of the four-bands typically produced by a multispectral camera (R-G-B-IR), a spectrometer captures over 10 bands of narrow-band color information. This is used to detect differences in snow gain size, which has subtle color differences within the near-infrared. A spectrometer product is not listed in the IDIQ but would have to be collected alongside the LiDAR products to meet snow measurement requirements.

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• A key feature of the Airborne Snow Observatory product is the rapid data processing and reporting of snowpack metrics. This requires a close integration of the data streams, a rapid transference of data and rapid computer processing. Such rapid processing of the LiDAR point cloud and spectrometer data is unusual; it typically takes weeks or months to receive processed LiDAR data from suppliers.

• ASO Inc.has developed application-specific in-flight optimizations to speed data capture. These optimizations are intellectual property and claimed market advantage.

Flight planning is also driven by snowpack information analyzed just before acquisition and the data collection process is tightly constrained within windows of clear weather. Data is collected at a variable pulse density (instead of a fixed pulse density) depending on snow distribution, which is driven expert judgment and modeling within the realm of ASO Inc. The aircraft is sometimes re-tasked during flight if real-time monitoring of data streams indicates a defect.

While LiDAR and spectrometer data collection of snow-covered landscapes is not unusual among photogrammetry service suppliers, the customized nature of the instrument package, the data collection process, the timing of deployment, and rapid transfer of data, and the very fast processing sequence are capabilities that Reclamation’s IDIQ cannot meet. The use of Reclamations current IDIQ LiDAR contract is a poor fit to pair with aerial snowpack surveys and does not meet the requirements for snow modeling and imaging spectrometer.

b. Contracting Office:

GSA e-Buy and sam.gov: A sources-sought notice was posted to GSA e-Buy and sam.gov for 9 days to provide notice to the public of the requirement and to determine interested vendors. The notices included a copy of a draft Performance Work Statement, which detailed the specifics of this requirement. The announcements stated that firms which can provide the services being acquired must submit a written notice that demonstrated the respondent’s ability to meet the stated requirement.

From the notices, the Government received 2 responses from the sam.gov posting and 0 responses from the GSA e-Buy posting. Both respondents were evaluated by technical expert, , to determine whether or not they appeared to qualify to perform the work in accordance with the Performance Work Statement. Results were as follows:

List of Responses to Sources Sought Postings Company Name Business

Size/Preferences Qualified (Yes/No) Reason Not Qualified

Destiny Global Group/Lumina Lidar

Small; WOSB;

HUBZone;

SDVOSB

No Inadequate understanding of survey area, Solicitation Number: 140R2021Q0097 Page 6 of 7

(04/2021) insufficient approach to deliver SWE data, and equipment does not appear to meet the requirements.

ASO Inc Small Yes

GSA Advantage: A search of GSA Advantage was conducted which identified 259 potential multiple award schedule vendors under 541370GIS. As a result, a sources sought notice was posted to GSA e-Buy to gather more information on any vendors who may be interested in this particular requirement. Zero responses were received.

SBA’s DSBS: A search for aerial snow, snow observatory, snow survey, and remote sensing yielded 94 potential vendors. These vendors were notified via email and provided with copies of the Performance Work Statement. The vendors were also informed of the required aerial snow observatories methodology to be used for the surveys. Of the 94 notified, the Government received a response from 1 vendor, TAG, LLC. TAG LLC was evaluated by technical expert, , to determine whether or not they appeared to qualify to perform the work in accordance with the Performance Work Statement. ’s response was no, as the submittal was only for a portion of the entire Performance Work Statement. TAG did not clearly specify how they would meet the standards of the albedo portion of the requirement as they only asked to be considered as a subcontractor.

CO Knowledge from Previous Purchases: The CO searched for history of similar requirements which resulted in 2 findings (140R2020P0016 & 140R2021P0038). Both requirements were for the California Great Basin 170 office in which the scope of the requirements were very similar to the current requirement. Both procurements required the utilization of the unique aerial snow observatory methodology, which was determined that only ASO, Inc could provide. Both procurements were sole sourced to ASO, Inc.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

None.

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

There were 3 responses received from interested vendors of which only 1 was determined to be qualified to perform work in accordance with the Performance Work Statement.

Responses and results are as follows:

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List of Responses to Sources Sought Postings Company Name Business

Size/Preferences Qualified (Yes/No) Reason Not Qualified

Destiny Global Group/Lumina Lidar

Small; WOSB;

HUBZone;

SDVOSB

No Inadequate understanding of survey area, insufficient approach to deliver SWE data, and equipment does not appear to meet the requirements.

Tag LLC Small; WOSB No Submittal is for only a component of entire performance work statement (asked to be considered as a subcontractor).

ASO Inc Small Yes

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

Due to the unique demand by Reclamation to use the airborne snow observatory imaging spectrometer and scanning lidar system, there are no actions that can be taken to remove barriers to competition at this time. However, drone technology is rapidly improving.

Although drone technology does not meet Reclamation’s needs at this time, it could potentially advance to the point where drones with appropriate imaging platforms that are equivalent or better than the Airborne Snow Observatory are viable alternatives for the future.