D_F_-_Other_than_Full___Open_Competition_-_copy_Redacted_1.pdf

140R2024Q0075 Page 1 of 5

WBR 1406.303-1 Template 1 eFile - B02

(04/2021)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

Bureau of Reclamation, California Great Basin Region Acquisition Services, Supplies and Services 2800 Cottage Way Sacramento, CA 95825

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

This is a sole source procurement action to Airborne Snow Observatories, Inc (ASO) to provide remote sensed imagery and technical evaluation/study of snowpack metrics across the San Joaquin Watershed. This action will result in a Firm-Fixed Price contract for services.

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

The objective of this contract is to acquire spatial snow depth measurements and albedo measurements across three Sierra Nevada watersheds and be provided accurate spatial estimates of snow water equivalent (SWE). These surveys will be acquired through remote sensing, conducted in the spring of 2024 during the melt phase of the season.

These remote measurements and SWE estimates will contribute to a Reclamation funded investigation to improve National Weather Service (NWS) runoff forecasts in California which inform multiple reservoir operations. Measurements must be robust to steep terrain, forested areas, and capture the full variability in snow depth. Data acquisition must be able to respond to changing weather, be able to deploy with short notice to capture ideal snow cover and weather conditions. The data will also be valuable for reservoir operations in those watersheds, and data reporting should be rapid enough to inform decisions in near real-time. Snow survey methods must be equivalent to or better than NASA Airborne Snow Observatory methodology.

The aspects of the service that are required by Reclamation include: 1) snow depth accuracy with 5 cm precision or better across extremely rugged mountains and underneath forest canopy at a (LIDAR) resolution of approximately 1 point per square meter resulting in measurement aggregated at a scale of 5 meters or better, 2) modeling

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(04/2021) and snow density to derive snow water equivalent volume, which requires substantial expertise in snow science, 3) ability to acquire snow surveys from May 1, 2024 through June 15, 2024 within a 72 hour-notice (weather permitting), and 4) ability to fully process data at full resolution within 72 hours and produce a report on current snowpack state.

The period of performance for this action is estimated to be May 1, 2024 to June 15, 2024. The Government’s independent cost estimate for the entire contract is

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)). (Check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using Simplified

Acquisition Procedures (above SAT but below $7M) 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

In March 2020 and March 2021, Reclamation executed one-year purchase orders (140R2020P0016 & 140R2021P0038) for remote sensing of snowpack using the Airborne Snow Observatory methodology. Both purchase orders were issued on a sole source basis to Airborne Snow Observatories, Inc, using the authority at FAR 13.501, only one responsible source using Simplified Acquisition Procedures (above SAT but below $7M).

Airborne Snow Observatories holds the sole license of the Snow Observatory software that was developed by NASA/Jet Propulsion Laboratory (JPL) but was transferred to Airborne Snow Observatories as a result of a technology transfer process in 2019. Prior to Reclamation’s 2020 snow surveys at the San Joaquin Watershed, the snowpack surveys were accomplished by NASA/Jet Propulsion Laboratory and funded in part by an Inter-Agency Agreement between Reclamation and NASA.

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(04/2021)

Reclamation is again in need of remote sensing of snowpack at the San Joaquin Watershed above the Millerton Reservoir (over 1 million acres) and must employ the same remote sensing methodology to measure snowpack. With four years of previous data using the Observatory methodology, it is important to use this software suite to ensure continuity of information and reliability for water management decision making.

As this is a newly developed product, Airborne Snow Observatories is only one source that is capable of snowpack measurement using the Observatory platform to meet the Government’s needs.

The Airborne Snow Observatories team, first at NASA/JPL and continuing as ASO has pioneered the integration of airborne lidar and spectrometer mapping of mountain snow cover to produce decision-support data on operational time scales. Its data production process, from flight through data processing and modeling to data delivery and service, utilizes flight optimizations through the ASO software platform. This software implements an exclusive, purpose-built, and fast processing pipeline, to deliver data products designed in concert with operational water and land management partners. This capacity is unique in the geospatial industry.

Additionally, Airborne Snow Observatories has the ability to generate spatially complete maps of snow water equivalent (the depth of water if the snow were to melt instantaneously) and snow albedo (reflectivity, which controls snowmelt rates) through coupled remote sensing and snowmelt runoff modeling frameworks to provide the best possible water resources data. The uniqueness of Airborne Snow Observatories comes from the experience of the team in producing coincident snow depth, snow water equivalent, and snow albedo data.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

Reclamation utilized various research vehicles such as Intent to sole source announcement and the SBA Dynamic search tool to inform the industry of the upcoming requirement in order to maximize competition. In this effort to maximize competition, a copy of the Performance Work Statement which detailed the scope, schedules and deliverables of the requirement was provided.

The announcements stated that firms capable of providing the services listed in the Performance Work Statement must submit a written notice that demonstrated their ability to meet the stated requirement. We did not receive any responses.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The amount of any resulting purchase order action will be determined fair and reasonable by the Contracting Officer based on techniques set forth in FAR13.106-3(a)(2)(i) market

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(04/2021) research, (ii) a comparison of the proposed price with prices found reasonable on previous purchase, and (iv), a comparison with similar items in a related industry.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

An intent to sole source notice was posted on SAM.gov on 3/27/2024 and the responses were due by 4/3/2024. We did not receive any responses.

A search was also performed on SBA Dynamic search tool, using NAICS code 541370 and keyword “surveying”, which resulted in 3 possible vendors. An email was sent to those 3 vendors with a link to the intent to sole source notice, but we did not receive a response from any of those 3 vendors.

Use of mandatory/other mandatory sources for services as outlined in FAR Part 8 was also considered. The sources listed in this part cannot satisfy this requirement.

We also looked at past purchases of similar services. Reclamation signed a contract for Aerial Snow Surveys in FY20 (140R2020P0016) and in FY21 (140R2021P0038), and both of those were sole source awards to Airborne Snow Observatories because no other vendor holds exclusive licensing agreement for these services.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

From 2017-2019, NASA conducted snow surveys on the Upper San Joaquin Basin, through an Interagency Agreement between Reclamation and NASA, which employed the ASO platform. However, as stated above, the ASO license was transferred to Airborne Snow Observatories as part of a technology transfer process by NASA. As of April 2024, no other vendor holds this license.

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

Airborne Snow Observatories, Inc.

519 Majestic Pines Drive Mammoth Lakes, CA 93546

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

Due to the unique demand by Reclamation to use the airborne snow observatory imaging spectrometer and scanning lidar system, there are no actions that can be taken to remove barriers to competition at this time. However, drone technology is rapidly improving.

Although drone technology does not meet Reclamation’s needs at this time, it could potentially advance to the point where drones with appropriate imaging platforms that are