MOBY JA_20241101_FINALv2_Redacted.pdf

MOBY is metrologically traceable to the International System of Units (SI). Metrologically traceable to the SI means that a measurement tool, such as a ruler or a scale, is calibrated to ensure it matches the most accurate international standards. For MOBY, metrological traceability ensures that its radiometric ocean color measurements are precise, accurate, and consistent with the goal of producing highly reliable, long-term sea-truth measurements.

MOBY data is then used for system vicarious calibration (SVC) of space-borne sensors collecting ocean color data. This, in turn, ensures that satellite observations are as accurate and as stable as they can be.

At a summary level, SJSU/MLML will deliver and perform the following, with required results to be detailed in the Performance Work Statement (PWS):

● MOBY system update and refresh - The assembly and full integration of the redesigned and upgraded MOBY optical systems and buoy framework, resulting in delivery of the final new (refreshed) and operation-ready MOBY 2.0 systems.

● MOBY operations - The assurance of continuous functionality of a MOBY 2.0 system in the marine environment deployed near Lanai, Hawaii and the provision of National Institute of Standards and Technology (NIST) traceable, quality-controlled ocean color system vicarious calibration data.

○ Operations include but are not limited to:

■ Regular exchanges (recovery and deployment) of MOBY 2.0 systems with proper commercial sea-going vessel coordination (on a tri-annual basis, subject to weather conditions);

■ Calibration of the MOBY 2.0 systems pre- and post-deployment with NIST traceable standards;

■ Refurbishment of the recovered MOBY 2.0 system prior to its next deployment;

■ Coordinating monthly SCUBA diver MOBY 2.0 system cleanings (biofouling) and general infrastructure inspections during deployments;

■ Coordinating and maintaining a MOBY operations facility. The current operations facility consists of 30,500 square feet of outdoor and indoor workspaces and is located adjacent to dockside for ship and water access; and

■ Biennial replacement of the MOBY mooring buoy.

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(s) 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)).

San Jose State University Research Foundation, 210 N 4th St., San Jose, California, 95112, UEI LJBXV5VF2BT9, is uniquely qualified to provide these services to NESDIS/STAR based upon the following:

● MOBY is the only optical buoy system that can provide NOAA with the data that are needed to provide satellite ocean color system vicarious calibration information. Other systems, such as SeaBird’s HyperNav, Monterey Bay Aquarium Research Institute’s Coastal Profiling Float (CPF), and Opto-Knowledge Systems’ AquaFloat are still in development. As such, none of these potential alternative systems can satisfy the agency’s requirements as they are not yet deployable/usable and they have not yet been proven to be capable of providing reliable NIST-traceable system vicarious calibration data for extended periods of time (4-6 mos) in the marine environment. MOBY is a proven and reliable system, and NOAA, as well as partner agencies NASA and EUMETSAT, are dependent on MOBY data for ocean color system vicarious calibration.

● Under financial assistance agreement(s),2, 3 SJSU/MLML designed, developed, and implemented the heritage (original) and refreshed MOBY (MOBY 2.0) systems in collaboration with NIST and University of Miami. Currently, there is only one fully operational refresh MOBY 2.0 system, with the remaining two systems for delivery in varying states of assembly. Since the refresh MOBY 2.0 system design is not available for license on the open market and a technical data package for Government purposes has not been obtained under financial assistance, no other entity could reasonably meet the Government’s operational ocean color system vicarious calibration requirements.

● SJSU/MLML collaborated with NIST and the University of Miami in designing and developing a MOBY specific radiometric calibration capability, which is located within the MOBY operations facility. The calibration capability consists of a rigid vibration control platform that has minimal deflection so that the alignment of the optical calibration elements remains stable over time. The calibration table incorporates vibration isolation and reduction features in its structure to reduce floor vibrations manifesting in the calibration table top. All calibrations must occur in complete darkness. This calibration capability is a necessary part of the MOBY infrastructure required to fulfill NOAA’s requirements for calibrating, operating, and maintaining the MOBY systems. The technical expertise for maintaining the MOBY unique radiometric calibration capability resides with SJSU/MLML and NIST. No other entity could reasonably meet the Government’s calibration requirements for MOBY without substantial duplication of cost.

● SJSU/MLML has been the sole mechanical and technical developer for both MOBY system designs (heritage and refresh) as well as calibrating, operating, and maintaining the heritage system for decades. As such, SJSU/MLML’s expertise in MOBY optical systems and design, and all operational aspects of the MOBY systems is unparalleled.

Currently, documentation for the intricacies involved in MOBY (15 m optical spar buoy)

2 Current award number: NA20OAR4320472 3 Prior award numbers include, but are not limited to: NA00AANEG0072, NA04NES44000007, NA08NES4400014 operations does not exist. No other entity could reasonably meet the Government’s satellite ocean color system vicarious calibration operational requirements for MOBY.

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)).

The NESDIS/STAR and the AGO/SIAD Acquisition Division solicited available capabilities from industry for the MOBY optical system and buoy framework refresh and MOBY operations and support through a Sources Sought Notification on Contract Opportunities on May 24, 2024 with a minor update on May 28, 2024. Two (2) responses were received and after review of the received capabilities, in addition to further market research and review of thirty-seven (37) vendor capabilities, as described in #8, the program office determined that no other vendor other than SJSU/MLML had the capabilities to deliver and perform the requirements; therefore, adequate competition to provide MOBY system refresh and MOBY operations and support was not available and cannot be reasonably expected.

The NESDIS/STAR and the AGO/SIAD Acquisition Division additionally posted a pre-solicitation Notice of Intent (NoI) to sole source to San Jose State University Research Foundation to Contract Opportunities on October 8, 2024. No responses to the NoI 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)).

Prior to award, certified cost or pricing data will be obtained from the contractor and any subcontractors in accordance with FAR 15.404-3(c)(1), as applicable. These data will include actual costs previously incurred by the offeror, since the effort has been performed under financial assistance. Cost, price, and technical analyses will be performed and documented to sufficiently determine that the final agreed to price is fair and reasonable. The Contracting Officer will determine cost and/or price reasonableness via comparison to the IGCE, actual costs previously incurred by the offeror, verification of rates/factors to applicable Government rate agreements and recommendations, verification that the offeror’s cost submissions are in accordance with the contract cost principles and procedures in FAR Part 31 and Cost Accounting Standards, as applicable, and/or reliance on subject matter expertise as it pertains to the types and quantities of material and other direct costs proposed and the need for the types and quantities of labor hours and the labor mix. If needed, the Contracting Officer will negotiate with SJSU to maximize NOAA’s ability to obtain the best value to the Government.

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)).

Market research was conducted by the NESDIS/STAR and the AGO/SIAD to identify available sources and to evaluate the availability of the marketplace to meet the requirement as follows:

As discussed in #6, a SAM.gov Sources Sought Synopsis was issued on Contract Opportunities on May 24, 2024, requesting that parties express their interest in writing to the Contracting Officer, with a minor update on May 28, 2024. Only two (2) vendors responded.

The vendors’ capabilities statements were reviewed. Additionally, thirty-three (33) vendors’ capabilities under the Professional and Technical Services (ProTech) Satellite and Oceans were reviewed by reviewing the ProTech Satellite’s Prime Quad Charts and the Protech Oceans’ Vendor Capability Information. Also reviewed were: Known Source, Internet Research, an Interview with Knowledgeable Individual in Industry, Federal Prison Industries sources, and Ability One sources, for an additional four (4) vendors. The assessment of all thirty-nine (39) vendor capabilities indicated that only one (1) vendor demonstrated the calibration/validation and marine optics experience required to perform the requirement.

Based on the results of market research, the government determined that a limited number of vendors were identified during the market research but none other than SJSU/MLML possessed the capabilities to produce and deploy the MOBY refresh and operate and maintain the systems in a marine environment.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303- 2(b)(9)).

All facts have been documented in the sections above. There are no additional facts to be reported in this section.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303- 2(b)(10)).

As previously discussed in #6 and #8, a synopsis was issued on Contract Opportunities on May 24, 2024, requesting that parties express their interest in writing to the Contracting Officer, with a minor update on May 28, 2024. Only RV Global Solutions, Inc. and Palaemus Oceanic, LLC responded. The vendors’ capabilities statements were reviewed and the capabilities to meet the requirements were not demonstrated.

As previously discussed in #6, a pre-solicitation Notice of Intent (NoI) to sole source to San Jose State University Research Foundation was issued on Contract Opportunities on October 8, 2024. No responses to the NoI were received.

13. REVIEW and CONCURRENCE

Review:

Office of General Counsel

Jillian Stern Date Attorney Advisor, Contract Law Division

Concur:

Head of Contracting Office

Rafael Rivera Date Director, Satellite and Information Acquisition Division (SIAD)

Concur:

NOAA Competition Advocate and Bureau Procurement Official

Jeffrey S. Thomas Date NOAA Competition Advocate and Director, Acquisition and Grants Office

14. APPROVAL

Approved:

DOC Competition Advocate

Molly A. Shea Date Deputy for Procurement Management and Deputy Senior Procurement Executive

JILLIAN STERN Digitally signed by JILLIAN STERN Date: 2024.10.28 08:51:01 -04'00'

RIVERA.RAFAEL.1255257885 Digitally signed by RIVERA.RAFAEL.1255257885 Date: 2024.10.29 10:04:51 -04'00'

THOMAS.JEFFREY.SCOTT.1512665264 Digitally signed by THOMAS.JEFFREY.SCOTT.1512665264 Date: 2024.10.29 14:28:38 -04'00'

MOLLY SHEA Digitally signed by MOLLY SHEA Date: 2024.11.01 13:39:16 -04'00'