Sole_Source_Brand_Name_Just_-_CO_Approved.pdf

SOLE SOURCE JUSTIFICATION

NOAA/NOS/CO-OPS, SONTEK WATER WAY CURRENT MEASUREMENT EQUIPMENT

Identification Number: PR# NCNT1000-16-00687

1. Identification of the agency and contracting activity.

The Department of Commerce, National Oceanic Atmospheric Administration (NOAA), Office of Acquisition and Grants (AGO), Eastern Acquisition Division (EAD), located in Norfolk, VA, proposed to enter into a sole-source contract with YSI Incorporated in support of the National Ocean Service (NOS), Center for Operational Oceanographic Products and Services (CO-OPS).

2. The nature and description of the action being approved:

NOAA, AGO, EAD intends to award contract to YSI Incorporated to purchase Sontek Water Way Current Measurement Equipment for Water Way Current Measuring Stations maintained by the NOS/CO-OPS. A Firm-Fixed-Price contract is contemplated for award utilizing procedures in Federal Acquisition Regulation (FAR) 12 Acquisition of Commercial Items and 13.5 Test Program for Commercial Items.

3. A description of the supplies or services required to meet the agency’s needs (including an estimated value):

The purpose of this requirement is to provide NOAA/NOS/CO-OPS Sontek Acoustic Doppler Profilers to support data collection systems within the current CO‐OPS network. The sensors are used to repair and maintain existing hardware used in Physical Oceanographic Real‐Time Systems (PORTS) operated by CO‐OPS.

The Sontek Acoustic Doppler Profiler (ADP) .250‐MHz Side‐Looking Real‐Time System is the standard water way current measurement sensor used at CO‐OPS environmental monitoring stations. This requirement will provide the equipment to repair and maintain the water way current measurement stations in the Physical Oceanographic Real‐Time Systems (PORTS) operated by CO‐OPS. The requirement includes the following Sontek Equipment: five (5) Acoustic Doppler Profiler (ADP) .250-MHz Side-Looking Real-Time System inclusive of compass/two-axis tilt sensor, temperature sensor, power supply (24V 110/220 VAC), manuals via PDF’s on CD, tool kits, and shipping case, Windows-based software: Current Monitor (for real-time data), View ADP (for data post-processing), DeployADP (plan/setup autonomous deployments), and SonUtils (utility software for PC/PDA Use);

(5) Sensor, strain gage pressure (0.1pct accuracy), 30 m; four (4) 20 m Power and RS232 Communication Cable, 8 pin male wet pluggable to 9 pin D-sub, 8 conductor; two (2) 30 m Power and RS232 Communication Cable, 8 pin male wet pluggable to 9 pin D-sub, 8 conductor; and one (1) 50 m Power and RS232 Communication Cable, 8 pin male wet pluggable to 9 pin D-sub, 8 conductor.

The total estimated value of this contract is $189,150.00 (Purchase of Base Equipment $94,575.00 with Option for Increased Quantity of Equipment totaling $94,575.00, together totaling $189,150.00).

Sole Source Justification for Sontek Water Way Current Measurement Equipment for

NOAA/NOS/CO-OPS

4. An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is FAR SubPart 13.500(a) Test Program for Certain Commercial Items; FAR 13.500(c) and 41 U.S.C. 1903; FAR 13.500(c)(2) and FAR Part 12.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority:

YSI Incorporated is the only qualified manufacture that can provide the required Real-Time System sensors for the NOS CO-OPS program.

a. The CO‐OPS environmental monitoring systems are designed to operate with the components manufactured by YSI Incorporated. Implementing different sensor components with the current station systems will result in compatibility issues, and additional costs and resources.

Sontek, a wholly-owned subsidiary of YSI Incorporated, is the only manufacturer and sole distributor to the Government of the ADP .250-MHz Side-Looking Real-Time System.

b. Under the current CO‐OPS operating system any environmental monitoring equipment that has not previously been approved must be subjected to a series of tests to ensure the quality of the data and the durability of the equipment for the intended use. These tests usually include bench testing using controlled conditions and physical measurement, controlled environmental testing to check reliability under different conditions, and long term comparison testing with accepted equipment at multiple real world locations. These tests, and the analysis of the resulting data, take a large amount of time, money, and resources to conduct. To conduct these tests for alternate equipment and sensors would cause delays in the NOS CO-OPS operation and mission, additional costs for new station systems, along with the time and costs associated to train the CO-OPS staff in the operation, maintenance and repairs of a new operating system.

c. Currently the NOS CO‐OPS field personal and Contractors are trained in the use and maintenance of the Sontek equipment in this purchase. Additional costs would be incurred from having to train field personal and contractors on the use and maintenance of new equipment.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies:

In accordance with FAR 5.2 a special notice will be posted to FedBizzOps (FBO) prior to the solicitation of this equipment. The special notice will announce the agency’s intent to issue a sole-source contract to YSI Incorporated. The notice will include the Government’s complete requirements for Sontek Equipment. Offerors capable of meeting the requirements will be required to provide NOAA with an affirmative written response by the designated due date, demonstrating a comprehensive understanding of the requirements and information demonstrating Offeror’s ability to meet the requirements.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(a)(7)):

Prior to award of the proposed contract, pricing information shall be obtained from the contractor and a price analysis will be performed to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable in accordance with FAR 13.106-3(a) (2). The

Sole Source Justification for Sontek Water Way Current Measurement Equipment for

NOAA/NOS/CO-OPS

prices proposed will be compared to prices found reasonable on previous purchases for the same or similar services and the Independent Government Cost Estimate (IGCE).

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

The Sontek sensor distribution is controlled by YSI Incorporated and its members. There are no commercial entities engaged in the distribution and repairs of this equipment. The Program Office and the Contracting Officer reviewed the organizing documents for YSI Incorporated and other sole-source procurements for Sontek Equipment conducted by NOAA National Weather Service (NWS) and Acquisition and Grants Office (AGO). These reviews support that YSI Incorporated is the only entity that provides the required products and corresponding services.

At this time YSI Incorporated is the only source that has this capability and no other sources are envisioned in the upcoming year.

9. Any other facts supporting the use of other than full and open competition:

No other supporting facts.

10. A listing of any sources that expressed a written interest in the acquisition:

YSI Incorporated is the only source that expressed an interest in this acquisition and showed a bona fide capability to meet the requirements.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated:

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. As the market of NOS/CO-OPS Water Way Current Measuring Stations systems evolve, the corresponding sensor/component equipment used to retrieve this data will evolve as well. Future requirements will complete adequate market research to ensure no new capable equipment can be substituted for the Sontek equipment.