J_ _A_FBO_NOTICE.pdf

J&A No. JA-16-014

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

Authority: 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1

FOR OFFICIAL USE ONLY

Pursuant to the Competition in Contracting Act (CICA) and in accordance with FAR 6.303-1 Requirements and FAR 6.303-2 Contents, the justification shall incorporate sufficient facts and rationale to support the use of the statutory authority cited.

1. Contracting Activity.

This is a Justification for Other Than Full and Open Competition to procure ongoing ARGOS Satellite Communications Services to be executed by Naval Oceanographic Office (NAVOCEANO) Contracts Department. NAVOCEANO proposes to enter into a contract award with CLS America (formerly Service Argos).

2. Description of the Action Being Approved.

The Government anticipates awarding a firmed-fixed price contract on a sole source basis to CLS America. There is only one responsible source and no other services that will satisfy agency requirements for Argos equipped instruments. This contract will utilize FY16 Operation and Maintenance funding to procure ARGOS Satellite Communications Services for NAVO autonomous vehicle support. The proposed period of performance consists of one (1) base year plus four (2) one-year options years.

This justification is in regards to the continuation of NAVOCEANO ARGOS real-time autonomous vehicle (AV) data down-linking collection, processing, distribution and archival services. The value of the NAVOCEANO instruments currently deployed, and/or in inventory relying on this down-link capability exceeds twenty million dollars. Instruments depending on this satellite system currently include: floats, gliders, drifting buoys, moored platforms, current meters, tide gauges, and emergency alert transmitters. All of these AVs are currently transmitting real-time data via the NOAA Polar Orbiting Satellites, to CLS, Inc., who then sends the raw data to NAVOCEANO and authorized Fleet users.

This is a follow on contract (#N62306-14-M-M200) to NAVO N62306-3057-3P07. The performance period is to be 01 March 2016 through 28 February 2019 with an identical anticipated delivery date.

3. Description of Supplies/Services.

The service represents the Government’s requirements to perform the data collection from ARGOS communication instruments globally throughout the ocean. Critical services in support of Autonomous Vehicle (AV) technology for geographic location, processing and distribution of real-time data to NAVOCEANO and authorized Fleet users include:

1) Location and down-link services and global automated data distribution from all satellites within the current operational ARGOS System constellation for NAVOCEANO platforms.

2) Daily automated distribution of data files for all NAVOCEANO ARGOS program groups via

File Transfer Protocol (FTP).

3) User account maintenance and limited data access control to various users in support of all

NAVO ARGOS individual programs and platforms.

4) Telnet access to AV telemetry data and allow approved user access to data on-line. Restrict access (based on program) to specified users.

5) Monthly AV telemetry archive data on CD ROM for selected programs.

These services are estimated to total $310K for FY16 with an addition $600K for a second and third year options/extensions.

Estimated Dollar Value

BASE OPTION 1 OPTION 2 OPTION 3 OPTION 4 Total

RDT&E

OPN

O&MN 310k 300k 300k Total

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

10 U.S.C 2304(c) (1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1

5. Rationale Justifying Use of Cited Statutory Authority.

There is only one responsible source. Market research was conducted and it was found that there are no other potential Argos sources which can provide the services required in accordance with the Statement of Work. Additionally, satellite communications are reviewed annually at the Data Buoy Cooperation Panel meeting sponsored by the World meteorological Organization and the Intergovernmental Oceanic Administration. CLS America remains the only operational ARGOS satellite data provider at this point in time that can decode ARGOS platform telemetry. Currently approximately 250 NAVO instruments totaling over $24.5 million dollars rely on these CLS satellite communications.

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

No announcement will be published since there are no other potential sources at this time. CLS is a critical component of the ARGOS satellite system. CLS is the only company in the world that has down-link sites world-wide capable of receiving near real-time ARGOS transmissions. This fact is very established within the World Meteorological Organization and the international oceanographic and scientific community. CLS is a non-profit commercial service established to support the ARGOS System.

7. Determination of Fair and Reasonable Cost.

Market research was conducted and it was found that there are no other potential Argos sources which can provide the services required in accordance with the Statement of Work.

Additionally, satellite communications are reviewed annually at the Data Buoy Cooperation Panel meeting sponsored by the World meteorological Organization and the Intergovernmental Oceanic Administration. CLS America remains the only operational ARGOS satellite data provider at this point in time that can decode ARGOS platform telemetry. Approximately 80% of NAVOCEANO AV inventory of expendable instruments are currently ARGOS based.

Before making award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3 (a) (2) (iii)

8. Actions to Remove Barriers to Future Competition.

There is currently no other supplier that can accommodate an ARGOS platform transmitter via down-link capability, and data distribution. Currently approximately 250 NAVO instruments rely on these CLS satellite communications. As noted above, IRIDIUM is being implemented as an additional communications link for most new instruments (must be purchased with Iridium Transmitter). The plan going forward is to transition new instruments away from ARGOS communications and invest in Iridium instruments. It is very cost prohibitive to retrofit existing ARGOS systems in inventory with Iridium, and completely impossible to retrofit units already deployed. The operational life of an instrument can exceed 4 years; therefore CLS services will be required for some time until the current inventory of ARGOS instruments has been exhausted.