J and A Sole Source For Posting.pdf

J&A Number: 25-230-0008 1

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contracting Activity

The Requiring Agency is Naval Postgraduate School (NPS):

Naval Postgraduate School (NPS) 1 University Circle Monterey, CA 93943-5000

The Contracting Activity is NAVSUP FLC San Diego NAVSUP Fleet Logistics Center San Diego (NAVSUP FLCSD) Regional Contract DEPT. Code 230 3985 Cummings RD San Diego, CA 92136-4201

2. Description of the Action Being Approved In support of the Sustaining Offshore Research project, the Naval Postgraduate School will lease from Ocean Power Technologies, Inc, one OPT Power Buoy® (44kWh) system including its accompanying 3-point Mooring System (100m water depth), Maritime Domain Awareness System (MDAS) Hardware & Sensor Suite with SATCOM, and MDAS Software Licensing and Support for one year, with the option to lease for two additional years. The estimated cost to lease the buoy system for one year is :XXXX.

The purpose of the research being conducted at NPS includes the assessment of, and CONOPS development for, persistent energy-harvesting platforms to support Maritime Domain Awareness (MDA) and Intelligence, Surveillance, and Reconnaissance (ISR). This research requires such a persistent maritime platform that is large enough to accommodate the NPS sensors being employed, and includes a real-time networking system incorporating technology from our CRADA partner, AT&T. By leasing such a system, NPS and its partners can conduct testing over the next several years without having to worry about maintaining the buoy platform or managing the disposal of such a large system at the end of the project. Leasing the system is also extremely cost-effective, as the purchase price for any such buoy that meets the technical requirements would greatly exceed the lease price for the length of the project, even with the execution of options to extend the lease.

3. Description of Supplies/Services to Meet the Agency’s Needs Including Estimated Value.

The Sustaining Offshore Research project was initiated in summer quarter 2017. The previous NPS DTIC Task Order was the contracting mechanism used to facilitate this project. That task order ended on 28 June 2025. The project is intended to continue for an additional three years. An OPT Power Buoy was modified in October 2024 to meet NPS requirements. In July 2025, the NOAA issued NPS a one year permit to deploy the OPT buoy into the Monterey Bay National Marine Sanctuary. The modified buoy with 5G and Starlink was transported to NPS in January 2025 for testing and the fitting of meteorological and oceanographic sensors as well as a specialized communications suite. The buoy will be deployed by OPT in Monterey Bay this summer (2025). No other company or organization has the capabilities comparable to those found on the OPT buoy or the capacity to deploy a system into Monterey Bay within the permit time frame.

The selected buoy platform must have the power and size requirements to support all NPS and AT&T equipment, including both the 5G maritime station and the microwave backhaul to the antenna at NPS.

The selected buoy platform must have solar and wind power generation to ensure persistent energy at all times.

J&A Number: 25-230-0008 2

The selected buoy platform must have AIS, surface search radar, and high-definition infrared cameras to monitor the local area. The selected buoy platform must have a Starlink network capable of providing real-time back-up data links for the NPS sensors.

Estimated Dollar Value

Fiscal Year

2025 2026 2027 Total

O&MN

Totals

4. Statutory Authority Permitting Other Than Full and Open Competition:

This Sole Source Justification demonstrates that the power buoy from Ocean Power Technologies, Inc, one OPT Power Buoy® (44kWh) system including its accompanying 3-point Mooring System (100m water depth), Maritime Domain Awareness System (MDAS) Hardware & Sensor Suite with SATCOM, and MDAS Software Licensing and Support are essential to the Government’s requirements and is prepared in accordance with 41 U.S.C. 1901, as implemented by FAR 13.501(a): Sole Source acquisitions.

5. Rationale Justifying Use of Cited Statutory Authority.

In support of the Sustaining Offshore Research project, the Naval Postgraduate School will lease from Ocean Power Technologies, Inc, one OPT Power Buoy® (44kWh) system including its accompanying 3-point Mooring System (100m water depth), Maritime Domain Awareness System (MDAS) Hardware & Sensor Suite with SATCOM, and MDAS Software Licensing and Support for one year, with the option to lease for two additional years. The estimated cost to lease the buoy system for one year is: XXXX. No other vendor has the capability to deploy this scale of buoy with its power generation, hardware and sensor suite, and communications links through both AT&T and Starlink.

An objective of the project is to evaluate such systems for expeditionary and advanced deployment operations. This requires persistent energy and resilient comms.

The buoy will be observable by mariners and must be equipped with appropriate technology to operate in the ocean for extended periods. This requires AIS and other sensors to collect information on nearby activities to ensure any incidents are properly recorded.

NPS has an evolving CRADA partnership with AT&T that is supporting the networking aspects of the project (currently transitioning from a CRADA to an LP-CRADA). This requires integration of AT&T hardware with the selected buoy platform, which was already done by AT&T working directly with OPT.

Because this work supports future expeditionary and advanced operations, it must have resilient comms channels, including Starlink.

The Sustaining Offshore Research project was initiated in summer quarter 2017. The NPS DTIC Task Order was the original contracting mechanism used to facilitate this project, which included modifications to an OPT Power Buoy in October 2024 to meet NPS requirements. That task order ended on 28 June 2025. The project is intended to continue for an additional three years. In November 2024, the NOAA issued NPS an initial one year permit to deploy the OPT buoy into the Monterey Bay National Marine Sanctuary, and subsequently issued an updated one year permit in July 2025. The modified buoy was transported to NPS in January 2025 for testing and the fitting of meteorological and oceanographic

J&A Number: 25-230-0008 3 sensors as well as a specialized communications suite. OPT will deploy the buoy in Monterey Bay this summer. No other company or organization has the capabilities comparable to those found on the OPT buoy or the capacity to deploy a system into Monterey Bay within the permit time frame.

The OPT PB is being leased from OPT, Inc. who maintain the patent rights to the buoy and its organic MDAS sensor suite. The NPS communications and sensor equipment deployed in Monterey Bay will require significant and sustained power. The OPT 44 kWh Power Buoy system is currently the only system which meets the power requirements and is only available through OPT, Inc.

OPT, Inc had been in negotiations with marine logistics firms since November 2025. Deployment was anticipated in early 2025 and then in the spring. In mid-April 2025, the project lead was informed that the first time frame a marine work vessel capable of deploying the mooring system was identified as available was June 2025. Had the delay in deployment been know, the effort to identify a contract vehicle to replace the DTIC TO would have begun much earlier.

There has already been significant investments made by our CRADA partner, AT&T, in this overall effort. If OPT is not selected, the project will be set back by years, if not full mission failure. This will cost the government, its CRADA partner, and local collaborators in lost productivity and opportunity to explore operationally relevant capabilities in the maritime domain.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

There were no attempts to acquire a power buoy from any other sources because the OPT PB2 was previously identified by the CRADA partner AT&T. The prior contract through the NPS DTIC TAT has ended and this is to establish a new contract directly with OPT to ensure the continued use of the information obtained by the buoy in Monterey Bay.

7. Determination of Fair and Reasonable Cost.

This service requirement will be a Firm Fixed Price (FFP) purchase order. The Contracting Officer will ensure that the price of the contract, including options, is fair and reasonable prior to award, and will utilize the price analysis techniques listed in FAR 13.106-3(a)(2).

8. Actions to Remove Barriers to Future Competition.

NPS has not identified any actions to remove barriers to future competition. After OY2, NPS will re-evaluate the need for the buoy and decide if a follow-on or new requirement will be needed.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Exception to Fair Opportunity and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical and Requirement Cognizance:

J&A Number: 25-230-0008 4

Signature Name (Printed)

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Exception to Fair Opportunity is accurate and complete to the best of my knowledge and belief. The Contracting Officer's signature below represents approval of this document.