JOFOC_redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Search and Rescue Satellite Aided Tracking (SARSAT) Program

Medium Earth Orbit Local User Terminal (MEOLUT) Operations and Maintenance (O&M) Contract

Identification Number: Purchase Request Number NE-EB5000-21-01096

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 hybrid non-commercial firm fixed price (FFP) and time and materials (T&M) contract to TechnoSciences, LLC (TSi).

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 two existing Medium Earth Orbit Local User Terminals (MEOLUT) in Hawaii and Florida, various system improvements, engineering support, and the supply of spare parts. The total estimated cost for a nine month base period, three 12 month option periods, and a final eight month option period is

. Approximately of the cost is FFP and consists of O&M, a new Phased Array Antenna System (PAAS) in Florida including a one year warranty, and the refurbishment of the Florida MEOLUT’s six existing discrete antennas as they are approaching their end of useful life and to provide motors to enable the antennas to be electronically steered.

Approximately is T&M which consists of engineering support that is not characterized as routine O&M, spare parts, and travel.

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 Hawaii and Florida MEOLUT replacement components and the software necessary to maintain and operate the systems. The Florida and Hawaii MEOLUTs use a 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 MEOLUTs requires the ability to maintain, enhance, and update the underlying software platform. TSi is the only vendor capable of providing the necessary software support, including software upgrades as directed by the Cospas-Sarsat Council and on-call information technology (IT) support to ensure that neither MEOLUT 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.

In addition, TSi is uniquely qualified to supply a PAAS that operates directly with the existing Florida MEOLUT. The executive and processing software that manages the input data from the PAAS, data processing, location processing and distribution/delivery of detected distress alerts to the U. S. Mission Control Center is proprietary and cannot be modified by another vendor to address the system changes required for integrating a PAAS with the MEOLUT.

TSi maintains an in-house software development and support team, with no authorized third-party support. The software is integral to the 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 for the Florida and Hawaii MEOLUTs.

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 July 16, 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 be required in accordance with FAR Part 15.403-4, 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 July 16, 2021 to allow vendors to submit substantiating documentation regarding