FINAL JOFOC_LEO-MEO_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Search and Rescue Satellite Aided Tracking (SARSAT) Program

4th Generation Low Earth Orbit / Medium Earth Orbit Local User Terminal (LEO/MEOLUT) Operations and Maintenance (O&M) Contract

Identification Number: Purchase Request Number

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

The NOAA Acquisition and Grants Office (AGO) Satellite and Information Acquisition Division (SIAD) located in Silver Spring, MD, proposes to enter into a contract on the basis of other than full and open competition for continued support of the Search and Rescue Satellite Aided Tracking (SARSAT) Program, Office of Satellite and Product Operations (OSPO), National Environmental Satellite, Data, and Information Service (NESDIS).

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a new firm fixed price (FFP) contract with a time and materials (T&M) contract line item number (CLIN) for engineering support and other direct costs to Techno- Sciences, LLC (TSi) for continued support.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

The requirement is for continued operations and maintenance (O&M) support of the nine existing Low Earth Orbit/Medium Earth Orbit Local User Terminals (LEO/MEOLUT) and a Development Location Processor, various system improvements, engineering support, and the supply of spare parts. The total estimated cost of the requirement for a base year and four option years is

, approximately of the cost is FFP and is T&M. The yearly cost of the FFP O&M services, including compliance with Cospas-Sarsat Specifications and IT security requirements, will be approximately per year. The contract will also provide engineering support that is not characterized as preventative and corrective maintenance as required. This work as well as the purchase of spare parts is anticipated to cost approximately per year.

Additionally, some components of the LEO/MEOLUT are approaching their expected end of useful life and should be replaced due to parts obsolescence and decreased system performance.

This contract will allow for the option to refresh some hardware components of the operational LEO/MEOLUTs. The cost to perform this refresh is estimated to be for the base year only.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

TSi is uniquely qualified to provide these services to the SARSAT Program. TSi has proprietary rights over necessary LEO/MEOLUT replacement components and software necessary to maintain and operate the systems. The LEO/MEOLUTs use TSi proprietary operating system and database management software. The software was developed and designed by TSi and is not available to other vendors. While NOAA has full rights to use the TSi software, TSi retained the proprietary rights to the underlying code and is therefore considered restricted computer software.

The O&M of the LEO/MEOLUTs requires the ability to maintain, enhance, and update the underlying software platform. TSi is the only vendor capable of providing the necessary proprietary software support, including software upgrades as directed by the Cospas-Sarsat Council and on-call information technology (IT) support to ensure that no Local User Terminal (LUT) is out of service for more than twelve hours. The O&M also includes hardware maintenance that is essential for full operations. NOAA did not acquire hardware specifications necessary for a third party to perform hardware maintenance and to preconfigure, test, and maintain an inventory of spare parts. Replacement of the antennas by a third party would require integration with the existing hardware and proprietary TSi software in order to be used operationally which would result in a substantial duplication of cost and put the SARSAT program at risk for long duration outages.

TSi maintains an in-house software development and support team, with no authorized third-party support. The software is integral to the LEO/MEOLUTs and cannot be changed within the existing system. Until the systems reach the end of their life cycles, TSi is the only vendor capable of providing operations and maintenance support.

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 (FAR 6.303-2(b)(6)).

A notification of the proposed contract action was posted on beta.SAM.gov on April 21, 2021. No responses were received.

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

The Contracting Officer determines that the anticipated price will be fair and reasonable based on historical prices paid on the current contract as well as recent competitive procurements of other LUT systems. Prior to award of the proposed contract, certified cost or pricing data will be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable.

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 (FAR 6.303-2(b)(8)).

The SARSAT Program and SIAD posted a notification of the proposed contract action through beta.SAM.gov on April 21, 2021 to allow vendors to submit substantiating documentation regarding their ability to provide the required services. No responses were received by the response due date of May 1, 2021. Therefore, the program has determined that adequate competition to provide the required support is not available.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-

2(b)(9)).

If LEO/MEOLUT O&M is not procured from TSi, the SARSAT program will be at risk of long duration outages, degradation of performance and the inability to provide required LEO/MEOLUT critical changes or updates that are approved by the international Cospas-Sarsat Council. This risk may lead to less frequent updates, resulting in delays in meeting IT security requirements.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-

2(b)(10)).

No sources indicated an interest as a result of the notice posted on beta.SAM.gov on April 21, 2021.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.303-2(b)(11)).

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future SARSAT Program requirements. The Government will seek competition of future acquisitions for LEO/MEOLUTs. The anticipated remaining lifecycle for the LEO/MEOLUTs is approximately five years from the proposed date of the new award.

12. CERTIFICATION

The JOFOC has been prepared and certified by:

Technical/Requirements Personnel:

I certify the requirement meets the Government’s minimum need and that the facts, representations, and data included in this justification are complete and accurate.

Contracting Officer’s Representative (COR)

Contracting Officer:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

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Contracting Officer

13. REVIEW and CONCURRENCE

Review:

Office of General Counsel

Attorney, Contract Law Division

Concur:

Head of Contracting Office

Director, Satellite and Information Acquisition Division