JOFOC_GEOLUT OM_6-28-21_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Search and Rescue Satellite Aided Tracking (SARSAT) Program

Geostationary Earth Orbit Local User Terminal (GEOLUT) 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 in 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 EMS Technologies Canada, Ltd. (EMS) for continued operations and maintenance 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 three existing Geostationary Earth Orbit Local User Terminals (GEOLUT), various system improvements, engineering support, and the supply of spare parts. The total estimated cost 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, is approximately per year. Additionally, the antennas of the GEOLUTs are approaching their expected end of useful life and should be replaced due to parts obsolescence and decreased system performance. The contract will allow for a refresh of the existing GEOLUT antennas and provide motors to enable the antennas to be electronically steered. This is estimated to cost approximately for the base year only.

This 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.

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)).

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

The O&M of the GEOLUTs requires the ability to maintain, enhance, and update the underlying software platform. EMS 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.

EMS maintains an in-house software development and support team, with no authorized third-party support. The software is integral to the GEOLUTs and cannot be changed within the existing system. Until the systems reach the end of their life cycles, EMS 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 recent competitive procurements of other Local User Terminal (LUT) systems. Prior to award of the proposed contract, certified cost or pricing data will also be obtained from the contractor and a price analysis and cost analysis will be performed to determine that the proposed price is 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 GEOLUT O&M is not procured from EMS, the SARSAT program will be at risk of long duration outages, degradation of performance and the inability to provide required GEOLUT improvements. This risk may lead to less frequent updates, resulting in delays in meeting IT security requirements. The previous contract for these O&M services, AB-133E-16-CN-0134, was also issued on a sole-source basis to EMS under similar market conditions. The previous contract also provided O&M support for Low Earth Orbit Local User Terminals (LEOLUT) which were provided by EMS. However, a competitive procurement for new LEOLUTs was awarded in 2016 to a different contractor and therefore the LEOLUT portion has been removed from this requirement.

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 for future acquisitions of GEOLUTs. The anticipated remaining lifecycle for the GEOLUTs is approximately five years from the proposed date of the new contract 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.

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