Sole_Source_Justification_Exceeding_SAT_Far_13.501--NOAA_AOC_MASED_Probes--Redacted.pdf

Version 1.0

Source Selection Information – see FAR 2.101 and 3.104

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

NMAN6000-18-01799

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) and the NOAA Office of Marine and Aviation Operations (OMAO), Aircraft Operations Center (AOC).

2. Nature and/or description of the action being approved.

NOAA intends to award a new Sole Source purchase order to Boston Engineering Corporation for continued development and delivery of an expendable air-launched ocean probe capable of multiple profiles. A firm fixed price contract is contemplated for award. .

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

The NOAA Aircraft Operations Center (AOC) operates multiple aircraft for performing various airborne research and surveillance missions. The severe storm research and surveillance missions tasked to AOC frequently utilize ocean profiling expendable probes. Using the NOAA Small Business Innovation Research (SBIR) program, NOAA contracted with the Boston Engineering Corporation to develop a new, expanded capability Ocean Profiling Expendable probe, the MASED (SBIR Contracts WC-133R-14-CN-0068 [Phase I] and WC-133R-15-CN- 011200004 [Phase II]). Boston Engineering has successfully completed the NOAA SBIR efforts, and, as a next step in developing a next-generation ocean profiling expendable probe, this acquisition is for further development of the MASED design, to include the acquisition of quantity twenty (20) of the MASED probes.

The capabilities of the MASED include profiling of the water column down to a depth of at least 200 meters, measuring depth, water conductivity, temperature, device location and device location via IMU and GPS. These MASED probes shall perform multiple profiles, and transmit the profile data via satellite data link following each profile.

4. Statutory authority permitting the sole source (including brand name) acquisition.

41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The contracting officer has determined the following circumstances justify the use of a Sole Source as supported below:

Only one source – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

In order to better support the NOAA mission, NOAA awarded two Small Business Innovation Research (SBIR) contracts to Boston Engineering to develop advanced capability for obtaining the required vertical ocean profile data. The ocean profiling probe developed by Boston Engineering, known as the MASED, requires further refinement of the original design to meet the NOAA operational mission. Although the MASED probes were designed (and accepted) for NOAA, the design is proprietary to Boston Engineering Corporation, which retained the rights to the MASED design. Therefore, only one source, Boston Engineering Corporation, is capable of providing the refinement of the design of the MASED. Furthermore, only the MASED probe design has the following capabilities, which are needed to further the NOAA mission. There are no alternate products available with equivalent capabilities:

Aircraft deployed ocean profiler dimensions not to exceed 19” long x 2.75” diameter.

Measures GPS position, Temperature, Depth, Salinity, and Current.

Capable of performing multiple profiles to a depth of at least 200m.

No other ocean profiling probes meeting the size restriction have been identified. Only the product meets the required measurement capability, but the size greatly exceeds the maximum allowable. As such, there are no alternate products available with equivalent capabilities to the MASED probe.

6. Description of 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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

This acquisition builds upon a design proprietary to Boston Engineering Corp. This proprietary design was developed to meet a NOAA mission requirement using the SBIR process after it was determined that there were no commercially available products capable of meeting the NOAA requirement. Although Boston Engineering Corp. is the only known source for an ocean probe meeting the minimum requirements described, in accordance with FAR 5.2, a synopsis for this requirement will be posted to the Government Point of Entry (GPE), the FEDBIZOPPS.GOV website, stating the intention to sole source.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on:

NOAA recently paid Boston Engineer in excess of to design the proof of concept MASED ocean probe. The MASED probe is a miniaturized version of existing air-launched ocean probes, combining the capability of multiple probes into one, and it can perform multiple ocean profiles over a period of days, rather than the single profile obtained from existing ocean probes.

Existing probes (which do not meet the expendable probe form factor requirement) cost around to over each, and this one probe (MASED) combines the functionality of the existing probes with far greater capability.

The SBIR effort end-product was a single proof of concept unit tested in the lab. This new effort is to iteratively refine the design to obtain operational prototype quality and produce 20 units.

Estimating the low volume production costs at each, and iterative engineering design analysis costs at , results in a total anticipated award of .

Prior to award of the proposed contract, pricing information shall be obtained from the contractor and a price analysis will be performed to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable in accordance with FAR 13.106-3(a)(2). The price proposed will be compared to prices found reasonable on previous purchases for the same or similar services as well as the IGCE.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Due to the proprietary nature of the design, only one source can provide for the requirement;

therefore, no further market research was conducted.

9. Any other facts supporting the use of a sole source (including brand name), such as:

No other supporting facts.

10. List of the sources that expressed a written interest in the acquisition.

Boston Engineering has expressed a written interest in the acquisition. No other sources have expressed a written interest in this acquisition

11. A statement of the 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.

As Boston Engineering has the proprietary rights to the design of the MASED probes, no agency action to remove or overcome barriers to competition is anticipated at this time.