A13- Final JOFOC Vaisala.pdf

Version 3.0

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 Purchase Request: NW-WG3401-22-00166

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) and National Weather Service (NWS) National Reconditioning Center (NRC).

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

This is a sole source justification for a follow-on requirement with Vaisala Inc. (Vaisala), the Original Equipment Manufacturer (OEM), for the repair and/or calibration services of OEM parts used on the NWS Automated Surface Observing System (ASOS) and Next Generation Weather Radar (NEXRAD). A five year indefinite-delivery indefinite-quantity (IDIQ) contract that will provide for issuance of firm-fixed price type task orders is contemplated for award.

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

This requirement is for repair and/or calibration services for the following OEM parts:

a. PROBE TRANSMITTER ASSEMBLY FOR DTS1, ASN: S100-2MT4-3A1A1, NSN: 6685- 01-519-4516

b. CL31 TRANSMITTER BOARD, Vaisala PN: CLT321SP, ASN: S100-2MT1-3A2, NSN:

5998-01-564-0915

c. INTERMEDIATE FREQUENCY DIGITIZER/RECEIVER FOR NEXRAD, (IFDR) ALT CAGE 0WY55, Radar Operations Center, ALT PN: 2210089-201, Vaisala PN: RVP 900, ASN:

R400-4/104A38-0437, NSN: 5895-01-650-9697

d. SENSOR, ICE FREE WIND, (IFW), ASOS Vaisala PN: WMT702C3C4B001A1A1, ASN:

S100-2A8MT4A2-1, NSN: 6660-01-665-8228

e. PROBE, HUMIDITY AND TEMPERATURE, Vaisala PN: HMP155, ASN: J710-5A15, NSN:

NWS1-91-020-0011

f. QML DATA LOGGER, Vaisala PN: BARO-1QML, ASN: J710-5A4, NSN: NWS1-91-020-

These parts are critical in maintaining NEXRAD and ASOS equipment. NEXRAD and ASOS support the mission of life and property protection by providing timely information for weather alerts and warnings. These repair services and calibrations are necessary for the NRC to maintain a warehouse stock for issue when requested, to maintain operation of the NEXRAD and ASOS equipment at the weather forecast offices, airports, and remote sites. The IDIQ contract will have a five year ordering period from September 2022 through September 2027. The estimated value in accordance with the Independent Government Estimate (IGE) is approximately $1,637,790.12.

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:

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

Vaisala is the original designer, patent-holder, and manufacturer of the parts and retains full proprietary rights to all related designs; drawings; schematics; software; and repair and calibration process. Vaisala has expressed their proprietary rights in writing on multiple occasions to NOAA, including recently on March 10, 2022. Vaisala does not approve outside technicians to repair, maintain or to provide Vaisala’s proprietary parts. Thus, Vaisala is the sole source for the repairs and/or calibrations.

The OEM parts identified in section three are critical to supporting the NWS mission of protection of life and property and safety of flight by providing input for weather alerts and warnings. The OEM Parts are incorporated with equipment used by ASOS to collect and record weather data at airports and remote weather sites. The weather data collected includes measured and recorded weather conditions; measured wind speed and direction; and measured cloud heights. An inaccurate measurement of any of these conditions could have catastrophic consequences on airplanes during landing. This ASOS data is used by weather forecasters and the Federal Aviation Administration (FAA) airport tower personnel to assess and report current weather conditions to the public, aviation safety of flight requirements, and to assist in future forecast predictions.

This list also includes an intermediate frequency digitizer/receiver that assists in processing radar returns in the NEXRAD radar, which is used to detect wind and precipitation information used in tornado, severe thunderstorm, flood, flash flood, hurricane, and other weather watches, warnings, and forecasts.

Overall, these OEM parts allow the NWS to meet its mission to collect critical and timely data in support of aircraft traffic safety and severe weather warnings, including tornado and flood warnings. Any supply interruptions or malfunctions would have a substantial impact on the ability of the ASOS and NEXRAD systems to function and diminish the NWS mission to protect life and property.

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 Notice of Intent to Sole Source was posted to the Government-wide Point of Entry (GPE) at www.SAM.gov on April 20, 2022. No responses, inquiries, or interest were received by 12:00 PM, CST on May 5, 2022.

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

x

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparison to the IGE, comparison to the historical prices (WC133W17CQ0096) and comparison to labor rates found on GSA schedules or other market resources for similar services.

Prior to award of the proposed contract, price information shall be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

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

A sources sought was posted to the GPE at www.SAM.gov on February 23, 2022 seeking any potential vendors who may be able to perform the subject repair services. One vendor, PSI Repair Services (PSI), submitted a capabilities package and is discussed in Paragraph 10. Additionally, multiple searches were completed on the Small Business Administration’s (SBA) Dynamic Small Search and Federal Supply Schedule (FSS) under the applicable North American Industry Classification System (NAICS) code and part descriptions. Research also included, review of historical similar purchases, Ability One, and DOC Strategic Sourcing Initiatives (SSI). None of the searches identified any business available to compete for this required service.

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

All facts have been documented herein. There are no additional facts to be reported in this section.

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

In response to the sources sought notice, an interested vendor, PSI, submitted a capabilities package on March 7, 2022. The Contracting Officer Representative (COR) from the program office reviewed PSI’s capabilities package. The COR observed that capabilities package was more of a broad resume explaining their references and general services they provide. PSI did not list any services that specifically relate to this action. Therefore, the COR determined that PSI was not a viable alternative to this requirement.

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.

Since the NWS does not own the proprietary rights for these OEM parts, developing and testing them would be a significant expense to the NWS, require several years of lead time, and void any existing warranties. If more ASOS and NEXRAD parts become commercially available, the NWS intends to purchase and test those alternatives, which if deemed viable would open up opportunities for other vendors to perform these services. The Government will continue to conduct thorough market research to gauge the marketplace capabilities for ASOS and NEXRAD parts and services with exclusivity of proprietary rights for future requirements.

12. Technical/Requirements Representative Certification I certify that this requirement constitutes the Government’s minimum needs and the supporting data provided herein is accurate and complete to the best of my knowledge and belief.

Cedric B. Debolt Date Contracting Officer’s Representative (COR)

13. Office of General Counsel Concurrence Concur

Rebecca Jacobsen Date Office of General Counsel

14. Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief.

Jackie A. Shewmaker Date Contracting Officer

15. NOAA Competition Advocate Approval:

Approve

Jeffrey S. Thomas Date NOAA Competition Advocate and Director, Acquisition and Grants Office

Jackie A.

Shewmaker

Digitally signed by Jackie A. Shewmaker Date: 2022.05.16 13:33:46 -05'00'

5/16/2022

DEBOLT.CEDRIC.B.J

R.1173482406

Digitally signed by

DEBOLT.CEDRIC.B.JR.1173482406

Date: 2022.05.16 14:45:37 -05'00'

REBECCA JACOBSEN Digitally signed by REBECCA JACOBSEN Date: 2022.05.16 16:58:39 -04'00'

THOMAS.JEFFREY.15126

65264

Digitally signed by

THOMAS.JEFFREY.1512665264

Date: 2022.06.03 09:51:56 -04'00'

1 (1)

10th March, 2022

Vaisala Inc. | Boulder Operations P.O. Box 3659, Boulder, CO 80307-3659, USA Phone +1 303 499 1701 | Toll free 1 877 VAISALA | Fax +1 303 499 1767 Email: mike.fowler@vaisala.com | www.vaisala.com

National Oceanic and Atmospheric Administration (NOAA) Eastern Acquisition Division Supporting the National Weather Service 601 E.12th Street, Room 1734 Kansas City, MO 64106

F.A.O: Taylor Wisneski, Contract Specialist

Dear Taylor Wisneski, RE: NWS ASOS & NEXRAD VAISALA REPAIR & CALIBRATION SERVICES

Vaisala Inc. is writing this letter to confirm that the repair and calibration services performed under NOAA-NWS contract WC133W17CQ0096 include Vaisala proprietary information and knowledge. In addition, Vaisala does not use, or support, resellers or any outsourced services for contracts of this nature.

Yours sincerely, Mike Fowler, PMP N. America Director - Meteorology, Aviation & Defense Phone: +1 303 262 4056 Email: mike.fowler@vaisala.com

END OF DOCUMENT