FAR 16- JOFOC_NC-NJ1000-23-01205.pdf

Version 2.0

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING $3,500 AND

UP TO THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 16.505(b)(2)(i))

NC-NJ1000-23-01205

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD), and National Ocean Service (NOS), Office of Coast Survey (OCS).

2. Description of supplies or services required to meet agency needs.

NOAA’s OCS manages the production of NOAA nautical charts and its nautical data collection and information programs. This integrated suite of programs in hydrography and cartography helps protect life and property, supports economic growth and development, and protects the environment, in addition to the overall mission of promoting safe navigation. Quality Positioning Services, Inc. (QPS) software is used by the OCS and all NOAA hydrographic survey ships and is mission critical for NOAA’s production of high-quality bathymetry and backscatter data to satisfy cross-organizational ocean mapping requirements (“map once, use many times”). NOAA OCS intends to procure an extended maintenance renewal firm-fixed-price contract for annual support of both perpetual licenses and new subscription licenses of QPS software products, including Fledermaus, Fledermaus FMGT, Fledermaus FM Midwater, and Qimera. The extended maintenance renewal contract will include service items including critical software security patches, software updates, feature enhancements, and technical support.

In 2019, QPS shifted its licensing structure to a subscription-based model, to include support and inclusion of all major version updates and associated support. Additionally, QPS restructured software components, integrating some previously stand-alone features into new software packages.

The Period of Performance for this contract will be one (1) year, specifically a 12-month term with no options, starting October 1, 2023, and continuing through September 30, 2024.

3. Identification of the source to be solicited.

Quality Positioning Services, Inc. (QPS) One New Hampshire Ave., Suite 125 Portsmouth, New Hampshire 03801 603-431-1773 Contact: Teri Bridges bridges@qps-us.com

603-766-6000

4. Authority and supporting rationale. The contracting officer has determined the circumstances of the contract action to meet the following statutory exception under FAR 16.505(b)(2)(i) as supported below:

Brand Name Justification FAR 16.505(a)(4) – This particular brand name is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs.

These packages are an industry standard for hydrographic survey data processing and visualization, and are mission critical for NOAA’s production of high-quality bathymetry and backscatter data to satisfy cross-organizational ocean mapping requirements (“map once, use many times”). QPS’s FMGT component is currently one of two softwares capable of meeting NOAA’s requirement to produce Generic Sensor Format files used in the creation of acoustic backscatter mosaic products. However, FMGT is currently the only software that allows for intra-vessel decibel correctors, facilitating single-frequency mosaics for field units with multiple sonars.

NOAA’s hydrographic survey fleet currently has more than 20 licenses of QPS software in use, and has a continued requirement to access critical security patches, software new releases and updates, feature enhancements, and technical support for this mission-essential software.

Without the purchase of the yearly support agreement, NOAA users would not have access to new software, necessary updates, and support to ensure continued quality data acquisition.

5. Market Research.

A search for QPS was conducted by the contract specialist using NASA SEWP’s Market Research Tool and multiple small businesses were found to provide QPS products/services. These resellers were contacted to confirm if the specific software required (Fledermaus and Qimera) was available on their SEWP contract. At least one of them responded to confirm that it is.

**Signatures shall remain on the final page.

6. 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.

Date OCS/CSDL Program Specialist / COR II

7. Determination

I hereby determine that the circumstances of this action deem only one brand name is reasonably available. This determination is accurate and complete to the best of my knowledge and belief.

Dawn Dabney, Contracting Officer Date

HOANG.CUONG.

THO.1365844735

Digitally signed by

HOANG.CUONG.THO.136584473

Date: 2023.07.25 13:57:27 -04'00'

7/25/2023

DABNEY.DAWN.JE

ANINE.1186151590

Digitally signed by

DABNEY.DAWN.JEANINE.118615

Date: 2023.08.03 06:42:09 -04'00'

08/03/2023