1305M218PNWWG0155__-_Redacted_Sole_Source_Justification.pdf

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.50l(a), 41 U.S.C. 1901.

Tsunami Detection Acoustic Modems and Deck Sets,

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO), Eastern Region Acquisition Division (ERAD) and National Weather Service (NWS) National Data Buoy Center

(NDBC).

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

NOAA, AGO, ERAD, Norfolk, Virginia intends to issue a new firm-fixed-price (FFP) purchase order to Teledyne Instruments, doing business as (OBA) Teledyne Benthos, Inc. 49 Edgerton Dr., North Falmouth, MA 02556-2821, on a sole source basis for the purchase of Low/Mid Frequency Directional Acoustic Modems and Acoustic Deck Sets in support of the Deep-Ocean Assessment and Reporting of Tsunamis (DART®) II system.

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

This will be issued as a FFP purchase order with optional line items for option quantities one ( 1) through four (4). The total value for the base quantity and four (4) option quantities for the acoustic modems and the deck sets is and includes the following:

a. Base Quantity: Ten (I 0) A TM-803-LR2 Low Frequency (LF) Acoustic Modems; Two (2) UTS-9425E-L6 Low Frequency (LF) Deck Set Units; Six (6) ATM-803-MR2 Mid-Frequency (MF) Acoustic Modems with PCB modem kit; One (I) UTS-9425E-M l Mid-Frequency (MF) Deck Set Kit; and five (5) ATM-803-LS2 Low Frequency (LF) Acoustic Modems;

b. Option Quantity 1: Fifty (50) ATM-803-LR2 Low Frequency (LF) Acoustic Modems; Two (2) UTS-9425E-L6 Low Frequency (LF) Deck Set Units; Six (6) ATM-803-MR2 Mid-Frequency (MF) Acoustic Modems with PCB modem kit; One ( l) UTS-9425E-M I Mid-Frequency (MF) Deck Set Kit; and ten (I 0) ATM-803-LS2 Low Frequency (LF) Acoustic Modems;

c. Option Quantity 2: Fifty (50) ATM-803-LR2 Low Frequency (LF) Acoustic Modems; Two

(2) UTS-9425E-L6 Low Frequency (LF) Deck Set Units; Six (6) ATM-803-MR2 Mid-Frequency (MF) Acoustic Modems with PCB modem kit; One (1) UTS-9425E-M I Mid-Frequency (MF) Deck Set Kit; and ten (10) ATM-803-LS2 Low Frequency (LF) Acoustic Modems;

d. Option Quantity 3: Twenty (20) A TM-803-LR2 Low Frequency (LF) Acoustic Modems; Two

(2) UTS-9425E-L6 Low Frequency (LF) Deck Set Units; Six (6) ATM-803-MR2 Mid-Frequency

Page I of 6 Source Selection Information - see FAR 2.101 and 3.104

(MF) Acoustic Modems with PCB modem kit; One (I) UTS-9425E-MI Mid-Frequency (MF) Deck Set Kit; and ten (I 0) A TM-803-LS2 Low Frequency (LF) Acoustic Modems;

e. Option Quantity 4: Twenty (20) ATM-803-LR2 Low Frequency (LF) Acoustic Modems; Two

(2) UTS-9425E-L6 Low Frequency (LF) Deck Set Units; Six (6) ATM-803-MR2 Mid-Frequency (MF) Acoustic Modems with PCB modem kit; One (I) UTS-9425E-M I Mid-Frequency (MF) Deck Set Kit; and ten (I 0) A TM-803-LS2 Low Frequency (LF) Acoustic Modems;

NOAA has the national responsibility for tsunami hazard mitigation and warnings. In support of this responsibility NOAA's Pacific Marine Environmental Laboratory (PMEL) has over the past 20 years developed tsunami forecasting technology. This technology includes the integration of real-time measurements to detect deep-ocean tsunamis in the form of the DART® II buoys systems. The DART® II buoys systems detect the passage of a deep-ocean tsunami by the variation of the pressure exerted by the water column above a pressure sensor mounted on the bottom of the ocean.

These acoustic modems deploy from the bottom pressure recorder of the systems and then recover valuable Tropical Atmosphere Ocean (TAO) array temperature and salinity data via NDBC's tsunami detection instrumentation from the seafloor. The acoustic modems and deck sets can be activated via an acoustic transmission to open and release the equipment from the mooring weight allowing it to float back to the surface with the attached floats. The deep water data is transmitted back to the DART® II surface buoy via the Teledyne Benthos acoustic modems where the data is then transmitted shore-side to the Tsunami Warning Centers via satellite telemetry. This data is used to create accurate forecasts which is in term are used to issue watches, warning or evacuations to save lives. Further, this data reduces false alarms which can result in high economic cost resulting from unnecessary evacuations, physical risk to the population during evacuations, as well as loss of public confidence in the warning systems. This is a well-tested and established approach used in tsunami detection and reporting. The NDBC deploys these DART® II systems operationally for NOAA. As such the NDBC must maintain the DART® II equipment in optimal conditions. NOAA's PMEL conducted extensive research on commercially available underwater acoustic modems before selecting the Teledyne Benthos modems.

The data enables TAO Local Warnings and Forecast and Tsunami Warning Network of the NDBC and NWS to accomplish its mission to protect life and property by providing essential environmental observations used by the NWS warning systems, environmental models, short term forecasts, climate record, and feed several NWS products. NDBC systems are intrinsic to the NWS' Weather-Ready Nation initiative by providing public and private sector users with real time observations needed to make fast and smart decisions that save lives and enhance commerce.

4. Statutory authority permitting the sole source acquisition.

41 U.S.C. 1901, using SAP up to $7 million as authorized by FAR l3.500(a) and implemented by FAR 13.50l(a).

Page 2 of6

5. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source - Teledyne Instruments OBA Teledyne Benthos is the Original Equipment Manufacturer (OEM) and are uniquely qualified to provide these products to the National Data Buoy Center (NDBC) based upon the following:

Based on the results of PMEL's market research, the Government determined that only one (1) vendor is known to be capable meeting all of the power, OEM board set flexibility, depth rating and range, electrical connections, acoustic beam patterns and command structures required by the tsunami detection and reporting system. Hence, the Teledyne Benthos acoustic modems were selected for the data throughput and reliability for integration into the DART systems for field testing. PMEL conducted extensive and thorough testing of the Teledyne Benthos acoustic modems to ensure they met the NOAA requirements for data transmissions in this ocean environment. The DART® II firmware was designed around the message and polling command formats of the Teledyne Benthos acoustic modems. These message and controlling commands are proprietary to Teledyne Benthos and the NDBC does not have control of the DART® II firmware to make modifications for new or different command or message formats. The Teledyne Benthos acoustic modems are now standardized throughout the tsunami detection array. Further, a new acoustic modem would not be a drop in replacement and would have different form, fit, and power requirements. This would entail new mechanical designs for mounting and new electrical designs for interfaces and battery packs. This change would render the NDBC's current inventory of hardware and battery packs useless.

Based on the above information, it is not in the Government's best interest to purchase new instrumentation other than Teledyne Benthos acoustic modems for use in the NOAA tsunami detection array. NOAA's mission of environmental stewardship, assessment, and prediction for oceanographic and environmental data is too vital to risk procuring acoustic modems other than the Teledyne Benthos. Standardization of the sensors and equipment integrated within the data collection platforms is critical to the data outcomes in order to maintain data quality, paramount to NOAA's forecast mission. The depth of testing requirements and resources needed for integration and standardization of any new hardware components for remote observing systems would be extremely cost ineffective. NOAA would be required to test new equipment and if selecting another platform, would be required to replace millions of dollars of existing equipment that is currently deployed and operational. This is not a viable option for NOAA. Selection of the Teledyne Benthos acoustic modems as the only platform available for NOAA at this point is based on criteria specifically designed with NOAA's unique tsunami detection and reporting operations and applications in mind. This standardization, testing and integration are a lengthy process and failure to maintain this standard platform would jeopardize the data with attendant risk to communities for which the data is being collected and evaluated.

6. 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.

Page3of6 Source Selection Information-see FAR 2.101 and 3.104

This procurement forecast is posted on DOC - Forecasting and Advance Acquisition Planning System (FAAPS) No: 54438 on https://faaps.commerce.gov. Additional market research was conducted and the components parts and modems are all proprietary and are unavailable for resale.

In addition to the market research delineated above, an attempt to identify other possible vendors who could provide the required modems and deck sets, a synopsis was posted to FedBizOpps on July I 0, 2017, stating the Government's intent to negotiate on a sole-source basis with Teledyne Instruments dba Teledyne Benthos. The synopsis informed vendors who believed they could meet the requirement to submit in writing an affirmative response demonstrating a comprehensive understanding of the requirement. The required specifications and minimum requirements were posted with the synopsis. No responses were received.

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

Prior to award, pricing information shall be obtained from the contractor and a price analysis will be performed to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable in accordance with FAR 13.50l(a)(2)(i).

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.

Market research was conducted in the summer of 2017 and then again from December 2017 through February 2018. It was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirements for the tsunami detection and reporting system. Based on the results of market research, the government determined that a limited number of commercial vendors are available but none possessed the capability to meet NDBC's requirement of all the power, Original Equipment Manufacturers' (OEM) board-set flexibility, depth rating/range, electrical connections, acoustic beam patterns, or command structures required by the tsunami detection and reporting system. The Program Engineer performed an independent market research analysis. Based on the results of market research, the Government determined that only one (I) vendor is known to be capable of meeting all of the power, OEM board set flexibility, depth rating and range, electrical connections, acoustic beam patterns and command structures required by the tsunami detection and reporting system.

9. Any other facts supporting the use of other than full and open competition.

All facts have been documented within other sections of this document. 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.

NOAA, AGO, EAD issued a Notice o f Intent for this procurement via FedBizOpps www.fedbizops.gov on July l 0, 2017 with a response date of August January 3, 2018. There were no sources who expressed written interest in the acquisition.

Page 4 of6 Source Selection Information - see FAR 2./01 and 3.104

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 Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements.

Page 5 of6

NWWG2100-18-00195

12. Technical/Requirements Representative Certification I ce1tify 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.

MOORE.REGINA.L.1365866

Regina Moore National Data Buoy Center (NDBC) Technical Point of Contact (POC)

Digitally signed by MOORE.REGINA.L. 1365866887 DN: c=US, o=U.S. Government, ou:::OoD, ou=PKI, ou=OTHER, cn=MOORE.REGINA.L.1365866887 Date: 2018.04.13 11 :27:07 -05'00' - - - - - - - - -

Date

13. Contracting Officer's Certification and Approval

I certify this justification is accurate and complete to the best ofmy knowledge and belief. c--i n i f e r .H f ldebrand t Contracting Officer

14. Office of General Counsel Concurrence

Concur

FLORENCE

BRIDGES

Florence Bridges

Ol9tto�y •�n<><l by l'l.Oflf,NCE ilRIOGES ON: co<l/S, o-U 5. Gov•mment, <>U�Dtp,rtmenl of C:omrm,rce, ou�Of<ke ot lhl 5eaell,Y, t11:.fLORENCi BRIDGES, M,2l4l.19l00300 100,1.1 �ll0011)01040<23 Oato: l0l 8.0S.011H4,0 •04'00'

Department of Commerce (DOC) Office of General Counsel (OGC)

15. NOAA Competition Advocate Approval:

Approve

Date

Date

Date