Sole_Source_Justification_Final_8-16-18_-_Redacted_for_Posting.pdf

Version 1.0

Source Selection Information – see FAR 2.101 and 3.104

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

NEEB1000-18-01222

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO), Satellite and Information Acquisition Division and National Oceanic and Atmospheric Administration (NOAA), National Environmental Satellite, Data, and Information Service (NESDIS), Office of Satellite and Product Operations (OSPO).

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

This will be a sole source procurement to ComSpOC Corporation for annual subscriptions to the HiDEph and Safety of Flight products. This will be a new firm-fixed-price purchase order under the authority of FAR Part 12 and FAR Part 13.501. The vendor does not hold a GSA Schedule contract or other GWAC that offers these subscriptions.

* ComSpOC Corporation, socio-economic (o) 220 Valley Creek Blvd Exton, PA 19341-2380

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

Item Description Item Number Quantity HiDEph (Annual Subscription) Data-Sub 3

Safety of Flight (Annual Subscription) Data-Sub 3

Period of performance: One (1) year from the date of award Approximate cost: $300,000.00

4. Statutory authority permitting the sole source (including brand name) acquisition.

41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

NEEB1000-18-01222

Source Selection Information – see FAR 2.101 and 3.104

The contracting officer has determined the following circumstances justify the use of a sole source purchase order as supported below:

ComSpOC offers 24/7 services of high definition ephemeris and safety of flight for three GOES spacecraft, enhancing Engineering’s ability to conduct conjunction analysis in several ways: (1) Analysis of Geosynchronous Earth Orbiting (GEO) spacecraft events, (2) Daily Close Approach reports using the HiDEph for active satellites and debris objects; (3) HiDEph for planned and risk mitigation maneuvers; (4) Realistic covariance and probability of collision allowing greater resolution of risk assessment. These reports and analysis will provided by Satellite Tool Kit (STK), the proprietary orbit determination software that Engineering has used for many years. Given the growing numbers of geo-stationary and space debris, the enhanced capabilities realized by subscription to ComSpOC services is necessary for protection of this critical meteorological infrastructure.

ComSpOC integrates satellite tracking measurements from a global network of commercial sensors to generate the world's most accurate satellite catalog to support close approach analysis, space object characterization and mission assurance services to monitor threats and sustain safety in space. ComSpOC provides close approach analysis of all space objects (known, unknown, and debris) in the geosynchronous orbit locations surrounding GOES-15, 16, and 17. They provide NOAA with 24/7 products to ensure our vital assets remain safe.

The 24/7 ComSpOC services began in late 2014. Since that time, NOAA has evaluated the close approach services for ComSpOC over two years and determined the cost savings in engineering personnel, flight safety, space protection was significant.

In addition, the President’s recent Space Policy Directive 3 (SPD-3) gave the U.S. Department of Commerce responsibility for space traffic management and space situational awareness, which underscores NOAA’s role as a leader in managing its satellites against space debris.

No other vendor provides comparable services (see market research section, below).

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Because NOAA Engineering actively participates in the professional community of satellite engineers it is well aware of the market for the required services. NOAA already subscribes to two services that are useful in some ways (see market research section), but do not provide the level of service that is required to appropriately manage its satellites against space debris. Because the market is already well understood, it was not necessary to release a request for information.

Notice will be publicized on www.fbo.gov, as required by FAR Subpart 5.2.

Source Selection Information – see FAR 2.101 and 3.104

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

These are commercial items, and certified cost and pricing data is therefore prohibited. However, due to the lack of competition, as well as the lack of procurement history for this software, the Contracting Officer requested other than certified cost and pricing data to determine that the anticipated price will be fair and reasonable. ComSpOC provided its catalog pricing. This price list is current for both Government and non-Governmental entities. The Contracting Officer will also compare the cost of these subscriptions with the cost of the Space Data Association (SDA) subscription (see market research section, below), while noting that ComSpOC offers significantly greater value to the Government in this area, with its 24/7 support and more detailed and comprehensive space data analytical capabilities than is available through any other source.

As a result of the foregoing, the Contracting Officer determines that the anticipated price will be fair and reasonable.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

NOAA Engineering actively participates in the professional community of satellite engineers. As a consequence of involvement in the specialty, NOAA is well aware of useful services offered by the community. The only two similar services are discussed below, and neither provide the service that the Government requires to protect its meteorological infrastructure.

a. As a government agency, NOAA takes advantage of its free use of the services of the Air Force Joint Space Operations Center (JSpOC). The JSpOC service is comprehensive in its inclusion of orbital information of both spacecraft and space debris. However, the JSpOC determination of orbital information through real-time tracking has limitations in terms of its accuracy—it can misidentify satellites—and in providing the future orbit information needed for analysis and planning of spacecraft position maintenance needed for collision avoidance.

The Government incurs costs each time the engineering and operations teams needs to assemble (day or night) for collision-avoidance maneuvers. Often, last-minute orbit predictions show that a maneuver is not required. Improving collision prediction will save the Government time and cost by avoiding staging for maneuvers needlessly. Cost savings resulting from this improved capability will in itself pay for the cost of the service. In a two year study, JSpOC provided 17,208 close approach warnings as compared to COMSPOC’s less than one warning each year providing a significant savings in engineering and operations manpower.

b. NOAA subscribes to an annual membership in the SDA, an organization that brings together satellite operators who value controlled, reliable, and efficient data-sharing critical to the safety and integrity of the space environment and the RF spectrum. This membership allows NOAA

Source Selection Information – see FAR 2.101 and 3.104 to better understand the commercial market for these services, and has been important in market research activities. However, this service doesn’t provide the required assistance against satellite debris that ComSpOC provides.

9. Any other facts supporting the use of a sole source (including brand name).

There are currently no other vendors capable of providing the required specifications. ComSpOC is currently the leader in satellite collision and awareness, with demonstrated experience in the NOAA safety of flight mission. Additionally, ComSpOC Space Situational Awareness services are consistent and compatible with Engineering's current use of Systems Tool Kit (STK) and thus will not incur additional expense to NOAA.

10. List of the sources that expressed a written interest in the acquisition.

No other vender at this time has shown an interest or capability to deliver the required specifications needed by our organization.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The only barrier to competition is the unavailability of other vendors who offer the required services. As an active member of the satellite engineering community, OSPO will continue to conduct research and test products as they become available. If another vendor becomes available that meets the requirements before any subsequent acquisition is required, a competition will be held to determine the best value to the Government.

12. Technical/Requirements Representative Certification I certify that 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.

Richard Coley Date

COLEY.RICHARD.ALLEN.

1043778400

Digitally signed by

COLEY.RICHARD.ALLEN.1043778400

Date: 2018.07.18 08:30:33 -04'00'

Source Selection Information – see FAR 2.101 and 3.104

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

My signature also serves as approval of the justification.

Date

14. Office of General Counsel Concurrence

Date

MCKIM.SARAH.KATHE

RINE.1287628265

Digitally signed by

MCKIM.SARAH.KATHERINE.1287628265

______________________________________Date: 201

Sarah McKim Contracting Officer, NOAA/AGO/SIAD

8.07.18 07:52:22 -07'00'

Concur

See memo to file

Mark Langstein Senior Advisor, Office of General Counsel

13. Contracting Officer’s Certification and Approval