Argos-Sole Source Justification-Redacted.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.S0l(a), 41 U.S.C. 1901)

Requirements-25-0671

1. Agency and contracting activity.

The contracting activity is the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO)- Western Acquisition Division (WAD) and the requmng activity 1s the NOAA Fisheries Office of Protected Resources (OPR).

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

This is a sole source justification to award a new single award Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with Firm-Fixed-Price (FFP) task orders to The Woods Hole Group, Inc. for Argos platform and data transmission services.

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

NOAA Fisheries deploys satellite transmitting devices to provide real-time monitoring and to obtain data necessary to implement effective conservation and recovery efforts, as well as managing other marine species.

These devices used by multiple NOAA Fisheries programs are designed to work with the Argos satellite data transmission service platforms. The Argos Processing Centers provide critical satellite data transmission and high-quality location accuracy to improve monitoring how these various marine mammal species, including sea turtles, use their habitats and respond to environmental changes. In order to receive the information received by the devices, the contractor collects, processes, and provides data in a standardized format. NOAA Fisheries requires various Argos platforms and post-processing services in order to collect this data on various marine mammals species and sea turtles.

The placement of a single award IDIQ consisting of an ordering period from August 1, 2025 through July 31 , 2030 is anticipated. The Independent Government Cost Estimate (IGCE) for the maximum ordering value is $ The IGCE is based on the estimate from the Argos Catalog Services for Government. Potential quantities are based on usage by NOAA Fisheries programs who may require the use of Argos services.

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

X 41 U.S.C. 1901 , using SAP up to $7.SM as authorized by FAR 13.S00(a) and implemented by FAR 13.50l(a).

□ 41 U.S.C. 1903, using SAP up to $15M for contingency operations as authorized by FAR 13.S00(c) and implemented by FAR 13.50l(a).

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

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

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Requirements-25-0671

The Contracting Officer has determined the following circumstances justify the use of a sole source as supported by the information below:

NOAA Fisheries requires the use of Argos telemetry data for various marine mammal species, including sea turtles, as it is essential for defining habitat and implementing the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Magnuson-Stevens Act (MSA), and other statutes. The data collected is used to assess impacts of action, inform conservation efforts and stock assessments, as well as fisheries management practices and monitor the impact of environmental changes on populations and habitats. NOAA utilizes the polar-orbitting satellites, which hold the Argos system, in order to collect this data. The Argos system has been embedded in these satellites since 1986. From 1986 to present day, NOAA Fisheries has been utilizing data collected from Argos for tracking species.

The wildlife satellite telemetry equipment and associated data transmission systems are already "installed" on the respective species for wildlife tracking purposes. Argos beacons are already attached to species that NOAA currently tracks and information is currently relayed to the Argos satellite network. There are no alternative systems that are compatible with beacons currently attached to the species being tracked and studied. Further, it is not feasible from both a logistics and financial standpoint to retag numerous species with beacons from an alternative vendor. Additionally, the testing, installation, and training associated with a new system further compounds the difficulty and unreasonableness of a transition to an alternative system.

Finally, many years of research and data would be inaccessible if Argos services are no longer procured.

Using a different vendor would create an increased financial burden on the Government as any alternative would require a different technology platform and different transmitters that would require NOAA to have to re-tag the species. This would result in extensive review and testing across many research program offices before it could be determined as an operational alternative. OPR would only have the existing research and data for up to 12 months. Therefore, many years of research and data would be rendered useless if Argos Services were not procured. Additionally, NOAA staff are already trained to use the Argos network operated by Woods Hole Group, Inc. NOAA staff have significant experience working with satellite telemetry data provided by Argos. Switching to another satellite data transmission service provider would present an efficiency burden on the Government as NOAA staff would need training to learn a new system and new analytical routines would need to be developed due to the risk of losing data quality and compatibility.

A Memorandum of Understanding (MOU) was issued in 1986 that describes the relationship between the United States and the Centre National d'Etudes Spatiales (CNES) of France to govern the cooperation between NOAA and CNES for the implementation and the use of the Argos Data Collection and Platform Location System (Argos Data Collection System). The MOU specifies the related entity as (a) a Party's contractor(s), such as with respect to CNES: CLS, or subcontractor(s); (b) the Participating Agencies to the Global Argos Data Collection System, such as the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) and The National Association of State Departments of Agriculture (NASDA). The vendor, Collected Localization Satellites (CLS), is a company that exists in France and is the only provider that can deliver integrated ARGOS satellite services. The Woods Hole Group, Inc. is a subsidiary of CLS and is based in the United States.

On March 5, 2025, The Woods Hole Group, Inc provided a letter to the Contracting Officer, from CLS that stated: "Hereby certify that CLS has been the sole authorized company to provide ARGOS services in the United States since 1986. Accordingly, I hereby certify that CLS is the only provider that can deliver integrated ARGOS satellite services, and that it has more than 40 years of experience providing these services to most of the world's oceanographic institutes. I hereby certify that CLS provides ARGOS services in the

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USA solely through its subsidiary The Woods Hole Group Inc. , Registration No. 43408801 located 107 Waterhouse Road, Bourne, MA 02532, Massachusetts, USA."

Based on the above information, it is in the Government's best interest to award a sole source IDIQ contract to The Woods Hole Group, Inc. in order to support NOAA Fisheries' mission. If this sole source IDIQ contract is not awarded, it will have a significant mission impact on critical NOAA Fisheries wildlife tracking mission capabilities.

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.

A synopsis of the RFQ will be made publicly on SAM.gov. In accordance with FAR Subpart 5.2, a notice will be posted to SAM.gov post-award as an exception does not apply under FAR 5.202. This notice will include this sole source justification document and will be redacted to remove any source selection sensitive information. This notice will be posted within 14 days of contract award.

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

The Contracting Officer determined that the anticipated cost(s) to the Government will be fair and reasonable based on a price analysis conducted in accordance with FAR 13.106(a)(2). The Contracting Officer will request discounts off the vendor ' s published price list. The price analysis will be performed and documented to sufficiently determine if the price of the proposed acquisition is fair and reasonable. In the event that a determination of fair and reasonable price cannot be made, a contract will not be awarded.

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

OPR posted a Special Notice oflntent to Sole Source for an Argos requirement to SAM.gov on July 9, 2024.

This was for a requirement issued by an OPR Field Delegate. No responses were received from other sources. This resulted in a sole source purchase order 1333MF24P0179 to The Woods Hole Group, Inc. on August 22, 2024.

OPR posted a Request for Information (Notice ID: REQUIREMENTS-25-0671) for this requirement on SAM.gov from January 3, 2025 through January 17, 2025. One (1) capability statement was received from Ritenet Corporation. The vendor stated they could provide similar services; however, OPR was unable to confirm they were capable of providing the required Argos services. Ritenet Corporation did not provide descriptions of services provided that were equal to NOAA Fisheries needs. There was no direct relation discovered between the data transmission services that were compatible with existing equipment/satellite tags.

There was no detail given as to how customers could access the data transmissions or how data would be delivered. Ritenet Corporation mentions they offer a platform however, there was no information provided about the platform and what services were offered that would be beneficial to NOAA Fisheries. The capabilities lend themselves to disaster response, national defense and environmental monitoring, however, no capabilities were identified in how the services would be provided in a harsh marine environment for any length of time.

A Special Notice oflntent to Sole Source for this requirement was posted to SAM.gov on March 6, 2025 by the Contracting Officer. No responses were received from other vendors.

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The results of the market research were documented in the Market Research Report (MRR), signed by the Contracting Officer's Representative (COR) and Contracting Officer, and Form CD570. The Form CD570 documentation was fully approved on April 11, 2025 by the Small Business Administration.

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

Attached Memorandum of Understanding and letter issued by CLS.

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

No other sources expressed written interest in this acquisition other than OPR was unable to confirm its capability.

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.

Any subsequent acquisition for Argos services will be reviewed and market research will be conducted to consider other vendors that produce similar services. Efforts will be made to continue market research for compatibility including peer reviews of capabilities statements, discussions and demonstrations with industry days.

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