NDSU JA Final Approved.pdf

Control No.: CECT-NWO-20-13

FOR OFFICIAL USE ONLY

SOLE SOURCE JUSTIFICATION AND APPROVAL

UPPER MISSOURI RIVER BASIN (UMRB) – PLAINS SNOW AND SOIL MOISTURE

MONITORING NETWORK

North Dakota State University

1. CONTRACTING AGENCY: United States Army Corps of Engineers (USACE), Northwestern Division, Omaha District (NWO), Contracting Division, Civil Works Branch (CECT-NWO-C), 1616 Capitol Avenue, Omaha, NE 68102.

2. DESCRIPTION OF ACTION: The Omaha District proposes to execute a new Single Award Task Order Contract (SATOC) for supplies, which will be titled Upper Missouri River Basin Plains Snowpack and Soil Moisture Monitoring Network in the State of North Dakota (ND). The District intends to award a Firm-Fixed Price Indefinite Delivery Indefinite Quantity contract for five years (five-year base ordering period with no options), for a total amount not to exceed $6.4M, on a sole source basis to North Dakota State University (NDSU). Task Orders will be funded with General Investigations, Corps of Engineers, Civil (96X3121) and Operation and Maintenance, General, Corps of Engineers, Civil (96X3123) appropriations.

3. DESCRIPTION OF SUPPLIES/SERVICES OR NATURE OF CONSTRUCTION:

The purpose of this contract is to establish a network of stations to monitor snowpack and soil moisture throughout the plains area (MT, WY, ND, SD, & NE) of the Upper Missouri River Basin (UMRB). The plains area of the UMRB (above Sioux City, IA) in the United States (U.S.) totals 270,000 square miles. In ND there are 51 existing monitoring stations operated by the NDSU Mesonet office.

There are also approximately 26 new sites in ND that will need the required equipment and instrumentation installed once the sites have been identified. The Mesonets are a mesoscale network of automated weather and environmental monitoring sites. The instrumentation on the existing sites is not consistent but will be standardized and included in the network.

The data obtained from the network will be available for all federal, state, and local agencies to use for improvement of existing products and/or the development of new products including: National Weather Service (NWS) river forecasts and flood outlooks, National Drought Mitigation Center (NDMC) drought monitor and outlooks, U.S. Bureau of Reclamation (USBR) and National Resource Conservation Services (NRCS) water supply forecasts, and various federal and state fire hazard reports.

Specifically, for USACE, the data will be used by the NWS’s National Operational Hydrologic Remote Sensing Center (NOHRSC) to improve their plans snow map.

That map is a direct input into the river and runoff models are used by NWS and

USACE. The river and runoff models also use soil moisture data to model the impacts of melted plains snow and rainfall to estimate the inflows in the Missouri River mainstem and tributary reservoir projects. Work required under the proposed contract will encompass the following:

a. Retrofit of existing Mesonet sites and installation of new sites: New equipment and instrumentation will be supplied and installed at existing Mesonet sites to provide standardized performance across the basin. Real estate access is already available at the existing sites. Once the new sites are selected and NDSU obtains the appropriate real estate access, the equipment and instrumentation will be supplied and installed. The IDIQ contract will include all sites, but task orders will only be awarded for sites site after real estate rights have been secured by NDSU. NDSU owns and operates the existing sites and will continue to own and operate the new sites after upgrades are complete.

b. Operations and Maintenance (O&M): O&M will be completed at each site by NDSU and will begin once the site upgrades are complete. NDSU currently performs O&M at the existing sites, which is funded by the National Mesonet Program managed by National Oceanic and Atmospheric Administration (NOAA). NOAA operates the National Mesonet Program (NMP) that receives data from over 35,000 sources across the U.S. NOAA validates the data, then it is stored on the Meteorological Assimilation Data Ingest System (MADIS). The UMRB Monitoring Network will eventually be integrated into the National Mesonet Program. The framework is already in place for the existing sites;

however, MADIS can only accept data from a limited number of additional sites and will need to increase capacity, such as staff and server space for the anticipated significant increase in data that will be a result of the upgraded sites. USACE will provide O&M funding for one-year after site upgrades are complete, in order to allow adequate time for NOAA to secure O&M funding for the long-term implementation of the UMRB Monitoring Network. The current O&M strategy has been briefed through USACE Omaha District to include USACE Northwestern Division (NWD), the Deputy Commanding General for Civil and Emergency Operations (DCG-CEO), and congressional staffers. The Office of the Assistant Secretary of the Army for Civil Works (ASA (CW)) is the lead for O&M implementation and communication is ongoing through NWD and USACE

HQ.

The Omaha District, Civil Works Branch (Planning, Programs and Project Management Division (PPPMD) will be the Requiring Activity. It is estimated that the value of the combined work under the proposed contract is $6.4M based on projected future workload.

4. AUTHORITY CITED: Sole Source – FAR Subpart 13.5 procedures in accordance with 41 U.S. Code § 1901

5. REASON FOR AUTHORITY CITED:

a. Background. After the historic 2011 flood, and in response to one of the six recommendations from the Independent Review Team, USACE and various basin agencies developed a framework (2013 Recommendation) for the establishment of UMRB Monitoring Network. USACE is collaborating with federal and state partners to implement the 2013 recommendation. USACE uses plains snowpack and soil moisture data to its runoff forecasting for reservoir operations. USACE and other federal agencies have found limitations in this data. For example, the independent technical review panel that assessed USACE operation of the Missouri River mainstem reservoir system during the 2011 flood, found that modeled information on snow water equivalent is available, but observational data is sparse and not representative of basin-wide conditions. Section 4003(a) of the Water Resources Reform and Development Act of 2014 (WRRDA 2014) included a requirement that the Secretary of the Army, in coordination with other specified agencies, carry out snowpack and soil moisture monitoring in the Upper Missouri Basin. It reads, in pertinent part, as follows:

(1) The Secretary, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Chief of the Natural Resources Conservation Service, the Director of the United States Geological Survey, and the Commissioner of the Bureau of Reclamation, shall carry out activities to improve and support management of Corps of Engineers water resources development projects, including:

(A) Soil moisture and snowpack monitoring in the Upper Missouri River Basin to reduce flood risk and improve river and water resource management in the Upper Missouri River Basin, as outlined in the February 2013 report entitled “Upper Missouri River Basin Monitoring Committee-Snow Sampling and Instrumentation Recommendations”;

(B) Restoring and maintaining existing mid- and high elevation snowpack monitoring sites operated under the Snow Telemetry (SNOTEL) Program of the National Resources Conservation Service; and

(C) Operating streamflow gages and related interpretive studies in the Upper Missouri River Basin under the cooperative water program and the national streamflow information program of the United States Geological Service.

Water Infrastructure Improvements for the Nation Act (WIIN Act) 2016 Section 1179(b) amended Section 4003(a) of WRRDA 2014 as follows:

(5) LEAD AGENCY – The Corps of Engineers shall be the lead agency for carrying out and coordinating the activities described in paragraph (1).

b. Justification.

(1) The concept of the National Mesonet took root in 2006 when the Congressionally directed UrbaNet program began leveraging thousands of existing local weather tracking stations that report near real-time observations to better assess and respond to potential high-threat hazards and incidents in metropolitan areas across the United States. Since that time, the National Mesonet Program (NMP) has grown to become a Program of Record within the National Oceanic and Atmospheric Administration’s (NOAA) National Weather Service (NWS), encompassing multitudes of surface in-situ networks, mobile observations, and remote sensing data to improve forecasts and support critical decisions made daily across the country. The ground-breaking study Observing Weather and Climate From the Ground Up: A Nationwide Network of Networks, published by the National Academy of Sciences (NAS) in 2008, laid out a challenging vision to aggregate observational data from all available sources — government, academic, and private sector, into a single unified effort. This idea included a detailed framework for improving models, forecasts, and warnings with data from the entire boundary layer and an emphasis on leveraging higher resolution and lower latency information to help solve the nation’s many daunting weather-related challenges.

(2) A contractor performing work under the proposed contract action must possess the training, experience, expertise, knowledge and refined techniques associated with the required equipment and associated installation. NDSU staff have the technical capability to install the equipment, as they were responsible for the purchase and installation of the original equipment at the existing sites. NDSU also owns, operates, and maintains the existing sites and will own, operate, and maintain the new sites once identified. NDSU will be responsible for selecting the new sites, based on their own http://dels.nas.edu/resources/static-assets/materials-based-on-reports/reports-in-brief/mesoscale_final.pdf http://dels.nas.edu/resources/static-assets/materials-based-on-reports/reports-in-brief/mesoscale_final.pdf http://dels.nas.edu/resources/static-assets/materials-based-on-reports/reports-in-brief/mesoscale_final.pdf criteria. NDSU has already obtained the real estate access for the existing sites and will be responsible for obtaining real estate access for all new sites. NDSU has established relationships with landowners that will be leveraged when performing work on existing and new sites, once identified.

(3) NDSU has the necessary infrastructure already in place and has been a product of support and commitment from USACE, NOAA, USBR and other state Mesonet offices. NDSU has knowledge of operational efficiencies and the technical protocols required by the Mesonet Program to conduct and oversee upgrading existing and new sites. NDSU’s continued efforts are important to maintain consistency, continuity, and data integrity to ensure the necessary equipment is installed correctly and the data can be analyzed, therefore concerting the data to information on which to base management decisions. NDSU already possesses experience in installing the full range of equipment and site-specific knowledge, which minimizes any mobilization/start-up costs and delays in becoming familiar with the equipment and installation procedures, and data transmission to support the Mesonet Program. NDSU is the proposed sole source contractor. NDSU has the unique inherent knowledge of the Mesonet Program and MADIS, resulting in increased efficiency and data quality.

(4) USACE issued a sole source contract in 2019 to South Dakota State University (SDSU) to conduct an instrumentation study.

The instrumentation study included a variety of automated and manual observations to test the practicability and accuracy of different technologies for the monitoring sites across the UMRB that would be applicable to all of the state Mesonet offices. The study included the supply and install, along with monitoring and documenting a variety of hydro-meteorological instrumentation in a test bed in Brookings, SD on the SDSU campus. Sole source contracts were also issued to SDSU, the University of Wyoming (UWYO), and the University of Montana (UOM) in April 2020, to conduct a “proof of concept” at an existing site to upgrade equipment and sequence data to show network connectivity, prior to full scale network upgrade and installation of existing and new sites.

(5) NDSU is not involved with contracting for this work to outside sources – they are responsible for operating and maintaining the equipment and ensuring the data produced is successfully transmitted to allow other agencies to utilize the information to make determinations on how to improve existing – or develop new products. It is in the government’s best interest to procure this work via sole source contract with NDSU, as it is the most cost-effective option to accomplish the work while maximizing continuity and data quality to ensure the equipment, data, and resultant information is available to guide decisions applicable to the UMRB.

c. Impact. Success of the Mesonet Program effort would fail simply because no entities other than NDSU possess the combination of infrastructure and expertise to oversee the necessary upgrades and ensure data transmission is successful to MADIS. A contractor that does not have the experience and familiarity with the Mesonet Program will not be able to upgrade the necessary equipment and ensure the data is transmitted successfully to MADIS. Data from the National Mesonet serves as a critical resource to aid business leaders, policy makers, and researchers in key decision making that affect every segment of the US economy including the highly weather-sensitive security, transportation, and energy sectors. Failure to receive adequate data would result in a negative impact in making these key decisions.

NDSU has been partners with USACE and other agencies to continually provide high-value and timely data to meet the needs of every weather sensitive segment of the U.S. economy including defense, transportation, agriculture, insurance, land-use planning and energy sectors. All the methods to conduct the work have been mastered. Geographic challengers have been overcome with landowner contacts and state development of multiple access sites. The specific technical skills mastered include knowledge of the Mesonet program and meeting data requirements.

d. Alternatives. The following alternatives were assessed and determined not possible for the stated reasons.

(1) Suspend Operations – Not a viable alternative. The WIIN Act amended section 4003(a) if WRRDA 2014 to designate USACE as the lead agency for carrying out and coordinating activities to improve and support management of Corps of Engineers water resources development projects, which include the UMRB and the National Mesonet Program. If these activities cease, USACE would be in non-compliance with the WIIN Act, which could further imperil the necessary research for the UMRB.

(2) Issue Cooperative Agreement (CA) with each state Mesonet office – Not a viable alternative. The government reviewed the eight authorities that have been delegated to USACE for issuance of Grants and CA’s. A meeting was held in February

2020 with the project manager, office of counsel, and one of the grants officer’s in Omaha District to discuss the requirement. Both office of counsel and the grants officer stated the requirement does not fit any of the authorities delegated to USACE for issuance of grants and CA’s.

6. EFFORTS TO OBTAIN COMPETITION: In accordance with DFARS PGI 206.302-1, a sources sought notice covering the requirement for the proposed SATOC was posted on BetaSAM on 8 June 2020. The notice requested potential firms to provide documentation to support their technical capability to perform the work. The only respondent was OneRain Incorporated. The PDT reviewed the submittal and determined that OneRain Incorporated’s experience is primarily with rainfall data collection for flood risk management and reservoir operations.

This is not directly relevant expertise for the UMRB monitoring network. The data for the UMRB network is used to improve or develop products used by the Missouri River Basin Water Management for reservoir management. OneRain’s projects were for a very specific purpose, focused on flood risk; however, the UMRB basis is intended to be used equally for flood and drought conditions.

OneRain’s response stated, “At this point in our 28 years in business we have limited experience with snowpack monitoring stations.” Snowpack is a key component of the UMRB network. A project of this scale, across several states, with numerous stakeholders is not the best project for a firm to develop this type of experience. The single response to the sources sought notice indicates there is limited capability in private industry for this type of work, which could lead to reduced competition, limited proposals, and increased costs.

7. ACTIONS TO INCREASE COMPETITION: In addition to the actions described in Section 6 of this document, USACE has taken other measures to increase competition. Upon being designated as the lead agency for carrying out and coordinating the activities associated with the UMRB monitoring network, the PDT has periodically conducted brainstorming sessions and similar discussion to determine if any opportunities are being overlooked. The sessions always bring the PDT back to the same opinion that there are no opportunities to compete this requirement or set it aside for Small Business given the results of the market research; the integrated nature of the Mesonet and associated work; the need for data consistency, quality and integrity from previous work and the need for interagency cooperation to comply with the National Mesonet Program; to support and ensure a weather-ready nation, to share data, and to gain cost efficiencies.

8. MARKET RESEARCH: See Sections 6 and 7 of this document. The PDT has examined whether the requirement can be structured or fragmented in such a way as to provide opportunities for competition or Small Business concerns; i.e.

part of the scope be set-aside for Small Business and part of the scope that entails the direct authorities needed by a contractor, be provided by NDSU. This is not feasible because of the integrated nature of the Mesonet program and UMRB monitoring network and the danger of invalidating the data if the work is conducted in a fragmented manner by multiple contractors. Whereas competition generally helps the government receive the best value for its money, the opposite is true in this case for the reasons previously stated in this document.

9. INTERESTED SOURCES: See Section 6 of this document. Only one source expressed an interest; however, the PDT determined that they did not have the necessary capacity or experience to perform the work. The Justification and Approval will be posted IAW FAR 6.305.

10. OTHER FACTS:

a. There have not been any changes in the circumstances justifying the sole source strategy for this requirement. Throughout this document, a wide range of reasons have been given to justify why this requirement is not suitable for competition, and why it is not feasible to break the scope down in separate requirements. Subcontracting opportunities are not anticipated for this requirement since all the work will be performed by state employees. A determination will be prepared by the USACE Contracting Officer pursuant to FAR 19.705-2(c) and approved at one level above the Contracting Officer to further document why no subcontracting opportunities exist for this mandatory requirement.

b. In accordance with FAR 16.504(c)(ii)(B)(1), use of a SATOC is the appropriate contract type for this acquisition. This document supports the fact that no other firms have the necessary capabilities, knowledge, or experience in completing this work. The proposed sole source contractor has the necessary experience, expertise, and knowledge to perform the work. The contractor will be required to submit fixed prices for each ordering period. Any task orders issued against the proposed contract will be firm-fixed price and the contract does not provide for any other adjustments to the contract prices. Funding is not available to award a standalone contract for seven years and an incrementally funded contract is not authorized. The only alternative is to fund task orders on an annual basis. There are numerous efficiencies that will be achieved by use of a SATOC, namely the administrative cost associated with advertising and awarding individual standalone contracts (approx. $10,000 - $20,000 per contract). The use of the IDIQ contract may be used, “when the government cannot predetermine, above a specified minimum, the precise quantities of supplies or services that the government will require during the contract period, and it is inadvisable for the government to commit itself for more than a minimum quantity.” The SATOC IDIQ is the best option since ongoing USACE work for this requirement may require unexpected changes through the duration of the contract. The exact number of new sites that need to equipment installed are not known at the time of contract award. The use of a SATOC provides greater flexibility to allow work to be accomplished within the required timeframes.

c. USACE must adhere to the requirement of working in cooperation with other federal agencies. Those federal agencies choose to work with the state agencies because of the shared benefit in terms of expertise, infrastructure, consistency of data, validity of results, and access to a larger pool of data and cost efficiencies. USACE agrees this method facilitates compliance with federal statues, is reasonable and is the best way to accomplish the mission and provide the greatest value to the government.

11. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Jeremy Szynskie Signature:

Title: Project Manager Date:

12. REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name: Jeremy Szynskie Signature:

Title: Project Manager Date:

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The determination will be based on utilization of cost analysis, audit, independent government estimate, historical and commercially available costs and the state agency's non-profit status.

The state agency will be required to submit certified cost data.

Name: David W. Neal Signature:

Title: Contracting Officer Date:

14. CONTRACTING OFFICER CERTIFICATION:

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

Name: David W. Neal Signature:

Title: Contracting Officer Date:

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CECT-NWO 20-13

JUSTIFICATION AND APPROVAL (J&A)

OTHER THAN FULL AND OPEN COMPETITION

$6.4M Upper Missouri River Basin (UMRB)

Plains Snow/Soil Moisture Monitoring Network Omaha District

Based on the foregoing justification, I hereby approve the subject sole source J&A, to North Dakota State University, for plains Snow and Soil Monitoring Network, pursuant to the authority of FAR 13.501(a), subject to the availability of funds.

CONCURRENCE:

Thomas J. Warren Date Assistant Counsel, Procurement Law & Contract Disputes Office of the Chief Counsel

APPROVAL:

Michael C. Orr Date Alternate Advocate for Competition-Dallas

AUTHORITY: FAR Subpart 13.5 procedures in accordance with 41 U.S. Code § 1901