Sole Source Justification.pdf

Version 4.0

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

REQUIREMENTS-25-1426

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office, Office of Marine and Aviation Operations and Uncrewed System Operations Center (UxSOC) and Aircraft Operations Center (AOC).

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

This is a sole source justification for a new requirement to establish a Firm Fixed Priced (FFP) contract to Black Swift Technologies LLC (Black Swift) for the supply of small Uncrewed Aircraft Systems (sUAS), Black Swift S0 platform, Hardware, Operations and Training support services.

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

Since 2018, NOAA/UxSOC has collaborated with Black Swift under the Small Business Innovation Research (SBIR) program awards Black Swift received in 2018 SBIR Phase I (1305M218CNRMW0059), and 2019-2020 SBIR Phase II (1305M219CNRMW0030). Through the awards, NOAA and Black Swift have collaborated to develop a platform that can collect critical measurements from air launched Unmanned Aircraft Systems (UAS) in places and times of Tropical Cyclones (TCs) that other manned platforms are incapable of. Black Swift hardware has been developed and purchased to be used in the NOAA Lockheed WP-3D (P-3) aircraft which allows for control and data collection of the meteorological data sets collected by the Black Swift S0 as well as system control. This requirement will help transition the Black Swift S0 platform to fully operational.

The Black Swift Technologies sUAS S0 platform has been deployed from the NOAA P-3 aircraft to sample turbulence in the is critical low-level region too dangerous for crewed aircraft. The sUAS S0 are deployed near the air-sea boundary, where energy and momentum are exchanged with the sea and where severe winds at landfall can directly affect the lives and property of millions of Americans every year. Even though this is a critical region of a TC, detailed analyses of temperature, moisture, and wind below 500-m altitude are extremely limited due to safety concerns and other logistical constraints that make in-situ data collection within the lowest and most dangerous areas of the hurricane prohibitive. The enhanced, reliable, and high-resolution observations are necessary to address this critical data void.

This requirement will be for the purchase of 26 sUAS Black Swift S0 platforms, operator and observer course development, operator and observer training sessions, Instructor training sessions, mission and testing field support, travel to support operations and training. A goal of this project is to advance the use of Black Swift S0 towards routine operations on NOAA aircraft missions so that the data can be routinely used to help forecasters, emergency managers and operational modeling centers.

The period of performance for this requirement will be March 1, 2025 through February 28, 2026.

The Independent Government Cost Estimate is the $738,100.00.

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

☒ 41 U.S.C. 1901, using SAP up to $7.5M 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:

Compatibility to existing systems or equipment - Since 2018, Black Swift has developed the sUAS S0 platform for NOAA for use aboard NOAA P-3 aircraft. The sUaS S0 platform, manufactured by Black Swift is the only platform compatible with the NOAA P-3 aircraft and meets NOAA Readiness Level 7/8 per NOAA Administrative Order 216-105B, (Policy on Research and Development Transitions, Final System Transitioned into Operations). The compatibility to the NOAA P-3 Aircraft has been developed and tested in SBIR Phase I and SBIR Phase II initiatives as stated above. The SBIR Phase III was fulfilled by internal UxSOC proposals. The research under these contracts included the design improvements of the S0 airframe and sensors, and various integration features for compatibility with the NOAA AOC NOAA Hurricane Hunter P-3 aircraft. Black Swift has since continued to enhance the system’s capabilities, successfully launching the S0 platform from NOAA Hurricane Hunter P-3 aircraft into multiple hurricanes for over seven years.

The Black Swift S0 is the only sUAS that has successfully flown into Hurricane conditions on the NOAA P-3 aircraft in several missions, collecting and transmitting critical data near the air-sea boundary, where energy and momentum are exchanged with the sea and where severe winds at landfall directly affect the lives and property of millions of Americans every year.

Black Swift and NOAA have collaborated to ensure the S0 platform complies with Federal Regulations and NOAA policies during this period. Of all the sUAS being pursued by NOAA for hurricane operations, the Black Swift S0 platform is the only one that has reached a NOAA Readiness level of 7/8, demonstrated reliable deployment from the P-3, reliable flight duration and range, transmission of High Density Observation Bulletin transfer to the National Hurricane Center, and a proven communication range over 100 nautical miles.

NOAA has decided to begin the process of operationalizing this platform for routine hurricane operations. NOAA has already invested in the infrastructure needed to routinely use this platform on the NOAA P-3 aircraft. This requirement is to allow NOAA to procure the platforms, support, and training needed to conduct routine operations with this system in the 2025 field season.

Failure to acquire advanced technology such as the S0 platform further constrains the research and NOAA’s capability to collect critical measurements from air launched UAS systems in places and times of tropical cyclones that other platforms are incapable of.

The Small Business Administration's August 6, 2012 SBIR Policy Directive (as amended on January 8, 2014), section 4(c)(3) states: "The competition for SBIR Phase I and Phase II awards satisfies any competition requirement of the Armed Services Procurement Act, the Federal Property and Administrative Services Act, and the Competition in Contracting Act.

https://www.nhc.noaa.gov/abouthdobs_2007.shtml

Therefore, an agency that wishes to fund a SBIR Phase Ill project is not required to conduct another competition in order to satisfy those statutory provisions. As a result, in conducting actions relative to a Phase Ill SBIR award, it is sufficient to state for purposes of a Justification and Approval pursuant to FAR 6.302-5, that the project is a SBIR Phase Ill award that is derived from, extends, or completes efforts made under prior SBIR funding agreements."

Additionally, Congress has expressed in strong terms a clear intent for the agencies to accord a preference to the SBIR awardees that created the technology. Based upon this guidance, NOAA will issue this sole-source ll award to the previous SBIR Phase I and II awardee. As such, the NOAA UxSOC and OMAO AOC program offices have decided to pursue and extend this technology based upon the S0 ability to collect critical measurements from air launched UAS systems in places and times of tropical cyclones.

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 Black Swift S0. This proprietary design was developed to meet specific NOAA mission requirements using the SBIR process after it was determined that there were no commercially available products capable of meeting NOAA requirements. Black Swift, through the SBIR Phase I and II contracts, is the only source for a sUAS platform meeting the below requirements described below:

● The ability to air deploy from the NOAA P-3 aircraft during research flights to include during hurricane flights.

● The ability to communicate up to 125 miles between the ground control station onboard the

NOAA P-3 and the S0.

● The ability to fly and collect scientific data for over 100 minutes in hurricane conditions.

● The ability to collect data at 10 meters above the sea surface in hurricane conditions.

● The ability to capture 3-dimensional wind measurements in hurricane conditions.

● The ability to collect pressure, temperature, humidity, and sea surface temperature in hurricane conditions.

● The ability to maintain vehicle height above sea surface at lower altitudes during hurricane conditions.

● The ability to transmit scientific data in HDOB format back to the NOAA P-3 aircraft.

A synopsis for this requirement will be posted to the Government Point of Entry, SAM.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.

Prior to award of the proposed contract, pricing information shall be obtained from the vendor 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 Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on previous contracts on previous purchases for similar supplies, as well as the comparison to 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, which was developed under a SBIR Phase I and subsequent SBIR phase agreements, only one source can provide the requirement, no future market research is required.

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

The National Defense Authorization Act of 2012 contains the 2011 SBI R/STTR Reauthorization Act, and indicated strong Congressional intent to improve the process of rapidly transitioning SBIR/STTR innovative technologies for insertion into fielded systems and platforms. The law specifically states: Sec. 5108: "To the greatest extent practicable, Federal agencies and Federal prime contractors shall issue Phase Ill awards relating to technology, including sole source awards, to the SBIR and STTR award recipients that developed the technology." In addition, this requirement is will allow for the continued development of the Black Swift S0 and transition to full operations and obtaining readiness level 9.

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

None.

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.

The design and development of the Black Swift S0 sUAS was contracted under SBIR Phase I, II and III contracts; therefore, the transition to operations is a sole source requirement.

However, NOAA OMAO continues to assess the capabilities of other sUAS that are being developed and/or upgraded for future consideration.