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DEPARTMENT OF THE NAVY

NAVAL INFORMATION WARFARE CENTER PACIFIC

53560 HULL STREET

SAN DIEGO, CALIFORNIA 92152-5001

J&A No. 19-0244

PR 1300799709

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Information Warfare Center Pacific (NIWC Pacific)

2. Description of the Action Being Approved.

This is a Justification and Approval (J&A) to award a purchase order to ORBCOMM on a sole source basis with an estimated value of $1,016,975, utilizing Simplified Acqusition Procedures under FAR Subpart 13.5.

3. Description of Supplies/Services.

Automated Identification System (AIS) data is transmitted by many vessels throughout the world. This requirement is for the purchase of licenses to access automated identification system (AIS) messages transmitted by ships around the world which are received by a network of satellites which were launched and are controlled and operated by ORBCOMM. This purchase request is for AIS data received by a constellation of satellites operated by and sold to the U.S. Government solely by ORBCOMM. The licenses to be procured are as follows:

ORBCOMM Satellite AIS + Premium 1 & 2 (Qty: 475)

The satellite AIS data is currently and will continue to be used by the U.S. Navy and over 70

Maritime Domain Awareness (MDA) coalition partners worldwide for a variety of maritime safety and security applications. Key requirements are that all AIS message types be provided as raw data stream (i.e. NMEA 0183 or NMEA 2000). This AIS data will then be stored and displayed on the SeaVision GOTS web-based common operating picture. Because the

ORBCOMM data feed is used for worldwide vessel tracking, their use of satellites with propulsion and flight controls allow for a wider coverage and more consistent tracking of vessels around the globe. By contrast, other companies use nanosatellites which can not alter their path to ensure global coverage. Our analysis shows that ORBCOMM provides more consistent tracking at -20 degrees and lower latitudes which captures vessel traffic transiting to/from both Southeast Asian and African Areas of Interest.

Estimated Dollar Value

BASE YEAR (FY19) $329,175

OPTION YEAR 1 (FY20) $342,000

OPTION YEAR 2 (FY21) $345,800

TOTAL $1,016,975

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

41 U.S. Code § 1901, as implemented by FAR subpart 13.5.

5. Rationale Justifying Use of Cited Statutory Authority.

There are only two U.S. commercial sources of satellite AIS: ORBCOMM and ExactEarth.

The Space Based Advanced Maritime Domain Awareness Network (SAMNET) project requires data from both of these vendors. A purchase request for satellite data from Harris

ExactEarth has already been contracted under N66001-19-P-6575 and the ORBCOMM licenses have previously been procured under N66001-18-P-0377. Since there are only two vendors and the Government is buying data from both, each Purchase Request (PR) is issued on a sole source basis.

All available sources of the required service (satellite AIS data) are needed in order to satisfy the requirements of the U.S. Government. The ORBCOMM data feed is used for open ocean vessel tracking and the ExactEarth data feed is critical for near-shore vessel tracking. No single source will satisfy the requirements; therefore, two PRs, each with a sole source justification are necessary. This action is to renew the ORBCOMM AIS license.

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

Market research performed includes comprehensive internet search for all U.S. available providers of satellite AIS: ORBCOMM and ExactEarth. Only these two providers were found that can provide the data commercially through a machine to machine interface. Several space agencies collect the data, traditionally from a single satellite, but do not provide the data commercially. The ORBCOMM data feed is used for open ocean vessel tracking and the

ExactEarth data feed is critical for near-shore vessel tracking. Both are used in SeaVision in order to give a complete picture of vessel activity for the U.S. Navy and MDA coalition partners.

Nevertheless, this requirement has been synopsized in accordance with FAR Part 5 and responses from interested parties will be considered.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that there is sufficient historical pricing to ensure the cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

The procuring Technical Section at NIWC Pacific will continue to review the market and related technology to search for emerging technology that could be used to remove or overcome any barriers to competition prior to making any subsequent procurements. The results of these reviews will be included in the market research discussion in all future procurements.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

_____________________ Bryan Tollefson, Head, 562 (619)553-1568 ______________

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

_____________________ Michael McMillan, Head, 56 (619)553-3700_____________

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

_____________________ Brendan Ward, Legal Counsel (619)553-9730 ________

CONTRACTING OFFICER CERTIFICATION

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

Upon the basis of the above justification, I hereby approve as Chief of the Contracting Office and Competition Advocate, Space and Naval Warfare Systems Command ( SPAWAR)

Systems Center Pacific, the solicitation of the proposed procurement (s) described herein using

Other Than Full and Open Competition, Pursuant to the authority of 41 USC 253.

SHARON M. PRITCHARD DATE

Chief of the Contracting Office

Competition Advocate

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