JOFOC RFIMS PMO ext. Redacted.pdf

'Version 4.0

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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

ST133017CQ0049/1332KP22FNEEG0010

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Satellite and Information Acquisition Division (SIAD) and the Office of Common Services (OCS) within the National Environmental Satellite, Data, and Information Service

(NESDIS).

2. Nature and/or description of the action being approved.

NOAA intends to award a modification to Earth Resources Technology (ERT), Inc. to extend the period of performance from November 20, 2025 to January 19, 2026, in order to ensure there is no lapse in service for critical operations, maintenance, and sustainment (OMS) activities until the follow-on award can be made.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

NOAA requires program management, systems engineering, and radio-frequency technical support for the Radio Frequency Interference Monitoring System (RFIMS) Program Management Office (PMO). These services sustain the PMO’s mission to detect, classify, and mitigate harmful radio frequency interference in the 1670–1755 MHz band, protecting NOAA satellite downlinks from commercial wireless operations. The estimated value of the extension is $552,152.00.

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

Only one awardee is capable - FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. The follow-on competition for this task order has begun but the federal government shutdown has affected the government’s ability to make award prior to the end of the current period of performance. The current contract is expiring and there is limited time to get a new contractor up to speed, particularly with the limited resources currently operating during the federal government shutdown.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will conduct price analysis to ensure the proposed prices are fair and reasonable based on a comparison of the current contract and the independent government estimate. Therefore, the Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable.

6. Any other facts supporting the justification.

(Insert Contract/Order number)

The services being extended are of a critical nature and the government will be at risk if a lapse in service were to occur. RFIMS operations fulfill multiple statutory mandates including 47 U.S.C. § 928 (Spectrum Relocation Fund), 44 U.S.C. § 3551 (FISMA), and 15 U.S.C. § 313 (NOAA Weather Service Authorization). Failure to maintain continuous operations would violate MOAs and SLAs with the Inouye Regional Center and Wallops Command Data Acquisition Station.

7. Actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

None, the government is in the midst of conducting a follow-on competition through the ProTech IDIQ under a full small business set-aside. Due to the ongoing federal government shutdown, NOAA does not anticipate the follow-on competition being awarded prior to the end of the current contract. To the extent practicable, future acquisitions for similar services will be conducted without any exceptions to fair opportunity.

Technical/Requirements Representative Certification.

I certify 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.

HUNTLEY.DALVA.LOR

DaRlvAa HINunEtle.y1610059453 Chief, Project Support Branch

8. Office of General Counsel Review.

Review

Digitally signed by

HUNTLEY.DALVA.LORRAINE.1610059453

Date: 2025.10.31 1D4 :a5 t6e: 13 -04'00'

Office of General Counsel Date

9. Approving Official Determination of Circumstance Applicability.

In accordance with FAR 16.505(b)(2)(ii)(B)(10), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this order.

Contracting Officer’s Certification and Approval

I certify this justification is accurate and complete to the best of my knowledge and belief.

Approve

BOCKH.SALLY.ELIZ

Digitally signed by

BOCKH.SALLY.ELIZABETH.15360

(Insert Contract/Order number)

03424

Date: 2025_.10.31 10:40:51 -04'00'

Sally Bockh Date Contracting Officer

ABETH.1536003424