A02.14 SSJ Under the SAT - National MAR Assessment Tool - SAM.gov.docx

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SOLE SOURCE MEMORANDUM FOR ACTIONS UNDER THE SAT

IAW RFO 13.106-1(b)

1. Contracting Activity: The United States Mission Support Battalion (UMSB)

2. Description of Action: Approval is requested for a new, firm-fixed-price contract to “The Earth Genome”, SAM UEI: T8TVJYYX2731, CAGE: 7UX97. This contract will include a one-year period of performance and will be fully funded at the time of award, using Civil Works (96 x 3123) funds. The estimated total value of the contract is $xx,xxx.xx.

3. Description of Supplies/Services: This action is to acquire specialized research and development services on behalf of the USACE Institute for Water Resources for contractor support services to enhance, expand, and sustain the National Managed Aquifer Recharge (MAR) Assessment Tool, known as Recharge IQ.

USACE stores almost all its water as surface reservoirs behind dams. In recent decades, however, storing water in underground aquifers. MAR has become widespread and there are many opportunities and new authorities for USACE to use this technology in conjunction with our surface storage. As part of an agreement between USACE and Arizona State University (ASU) on “Design and Deployment of Engineering with Nature® (EWN) Solutions for Western Resilience”, a subaward was made to The Earth Genome to lead or assist with several of the tasks. Of relevance was Work Package 3: Basin-scale modeling of EWN scenarios involving the coupling of reservoir operations with groundwater storage of flood waters on farmland (Flood-MAR) to improve resilience to drought and environmental flows.

This web-based screening tool is critical for helping USACE identify national opportunities to use MAR to improve drought resilience and manage floodwaters, in support of the Water Resources Development Act (WRDA) of 2022. However, there is currently a need to broaden its application. The required services include, but are not limited to:

a. Improving user-friendliness by providing complete written documentation and a video walkthrough.

b. Broadening tool functionality by adding new data indicators, interactive feature pop-ups (e.g., dams, water systems), enhanced cartography (e.g., state boundaries, city/river labels), and improved data export capabilities.

c. Expanding the tool from a single Flood-MAR assessment to a comprehensive multi-type tool for national MAR assessments.

4. Authority Cited: RFO 13.101(b) “Competition”. Contracting officers may solicit from a single source based on a determination and findings (see subpart 1.5) that only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Reason for Authority Cited: The MAR tool is highly specialized and services to both enhance and modernize the tool are a logical follow-on contract to the previously completed cooperative project between USACE and ASU. The identified contractor, The Earth Genome, developed Recharge IQ. Some of the data layers depend on algorithms that they developed. Intellectual property (IP) rights under R&D cooperative agreements, governed by the Bayh-Dole Act (35 U.S.C. §§ 200–212), are retained by the recipient organization. The federal government receives a lifetime, non-exclusive license to use this IP, but development or modification of such a system from scratch would result in unacceptable delays and cost in fulfilling USACE's mission requirements under WRDA 2022. The Earth Genome has a unique capability and specialized knowledge to provide these research and development services in a timely and cost-effective manner.

6. Efforts to Obtain Competition: A Notice of Intent to award a sole-source contract will be publicized on SAM.gov for 15 days to notify interested vendors of the requirement. Any responses received will be evaluated; however, it is anticipated that only The Earth Genome possesses the intimate knowledge required to efficiently and effectively modify the existing tool.

7. Actions to Increase Competition: This is a new requirement. For any subsequent acquisitions of these services beyond the scope of this contract, the government will have obtained Government-Purpose Rights to all new enhancements, data layers, and documentation. This will allow future requirements to be competed, as the technical data needed for competition will be owned by the government.

8. Market Research: Market research indicates that while some state-level agencies (e.g., in Texas and California) have developed similar tools for their specific states, no comparable product exists at the national level. An academic consortium has begun work on an analogous product, but it is not anticipated to be complete for at least a year. Therefore, The Earth Genome is the only known source capable of modifying and enhancing the existing national-scale Recharge IQ tool to meet the government's needs within the required timeframe.

9. Interested Sources: To date, no other sources have written to express an interest. The notices required by RFO 5.201 will be published, and any proposals received will be considered.

10. Other Facts: This effort is a direct continuation of a successful prototype development. The contractor's existing knowledge is essential to ensuring the continuity and technical integrity of the enhancements, which are built directly upon the existing platform.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable, based on a comparison of the proposed price with the Independent Government Estimate (IGE), as per RFO 15.404-1(b)(5).

The IGE for the contract is $xx,xxx.xx. Per RFO 15.403-1(b)(3), certified cost and pricing data are not required.

David A. Kaplan Procuring Contracting Officer

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Approval Based on the foregoing justification, I hereby approve National Managed Aquifer Recharge (MAR) Assessment Tool – Enhancement, Expansion, And Sustainment in the amount of $xx,xxx.xx. on an other than full and open competition basis pursuant to the authority of RFO 13.101(b) “Competition”, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Phone: 703-428-8487

Prepared by:

Shanti Singh Contract Specialist

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(Source Selection information - See RFO 2.101 and 3.104-4)