WBR 1406.303-1_Template 1 JOTFOC_FAR 6 V2_Redacted_1.pdf

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WBR 1406.303-1 Template 1 (11/2020)

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

In accordance with FAR 6.302 or FAR 13.501(a), the proposed contractual action is pursuant to the statutory authority identified in paragraph 4. This template is required for actions over the Simplified Acquisition Threshold (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

U.S. Department of the Interior, Bureau of Reclamation, Acquisitions Division, Supply and Services Branch, Sacramento CA 95825.

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

The services required are to provide remote sensed imagery and technical evaluation/study of snowpack metrics across the San Joaquin Watershed (over 1,000 square miles). This requirement is funded by the San Joaquin River Restoration Program (SJRRP) Appropriated Funds under Flow Monitoring. Reclamation anticipates this action as a Firm-Fixed Price contract for services. The Government’s independent cost estimate for the entire effort is .

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

The objective of this contract is to acquire spatial snow depth measurements across the San Joaquin Watershed and be provided accurate spatial estimates of snow water equivalent using the Airborne Snow Observatory (ASO) methodology. These surveys will be acquired through remote sensing, conducted at periodic or strategic intervals, and span across accumulation and ablation phases of the winter season. Measurements must be robust due to steep terrain, forested areas, and must capture the full variability in snow depth. Data acquisition must be able to respond to changing weather, and data reporting must allow Reclamation to make reservoir management decisions in near real-time. The advances in runoff forecasting made possible by remotely sensed snow surveys create substantial benefits to Friant Division water users and the San Joaquin River Restoration Program and provides broad public benefits such as reduced flood magnitude.

The aspects of the service that are required by Reclamation include: 1) snow depth accuracy with 5 cm precision across extremely rugged mountains and underneath forest canopy at a resolution of approximately 1 point per square meter, 2) modeling and snow density to derive snow water equivalent volume, which requires substantial expertise in snow science, 3) ability to acquire snow surveys from March 1 through June 15 within 72 hour-notice (weather permitting), and 4) ability to fully process data at full resolution within 72 hours and produce a report on current snowpack state.

It is important for these surveys be performed using the airborne snow observatory platform to guarantee continuity of historical data of snow measurement efforts previously performed by NASA. The observatory technology will provide stability for

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(11/2020) reservoir management without interruption of critical information sources and to ensure continuity of information and operations for the reservoir and water management tasks.

The period of performance will be March 1, 2021 through March 14, 2022.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303- 2(b)(4)). (Check one)

Authority FAR Coverage Application ☒ 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

☐ 41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

☐ 41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

☐ 41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

☐ 41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

☐ 41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement ☐ 41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute ☐ 41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security ☐ 41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

In March 2020, Reclamation pursued and executed a one-year Purchase Order (140R2020P0016) for remote sensing of snowpack using the Airborne Snow Observatory methodology. The order was issued on a sole source basis to Airborne Snow Observatories, Incorporated. (ASO, Inc.), using the authority at FAR 13.501, only one responsible source using Simplified Acquisition Procedures (above SAT but below $7M).

ASO, Inc., holds the sole license of the Snow Observatory software that was developed by NASA/Jet Propulsion Laboratory (JPL) but was transferred to ASO as a result of a technology transfer process in 2019. Prior to Reclamation’s 2020 snow surveys at the San Joaquin Watershed, the snowpack surveys were accomplished by NASA/Jet Propulsion Laboratory and funded in part by an Inter-Agency Agreement between Reclamation and NASA.

Reclamation is again in need of remote sensing of snowpack at the San Joaquin Watershed above the Millerton Reservoir (over 1 million acres) and must employ the same remote sensing methodology to measure snowpack. With four years of previous data using the Observatory methodology, it is important to use this software suite to

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(11/2020) ensure continuity of information and reliability for water management decision making.

As this is a newly developed product, ASO, Inc., is only one source that is capable of snowpack measurement using the Observatory platform to meet the Government’s needs.

The ASO team, first at NASA/JPL and continuing as ASO, Inc., has pioneered the integration of airborne lidar and spectrometer mapping of mountain snow cover to produce decision-support data on operational time scales. Its data production process, from flight through data processing and modeling to data delivery and service, utilizes flight optimizations through the ASO software platform. This software implements an exclusive, purpose-built, and fast processing pipeline, to deliver data products designed in concert with operational water and land management partners. This capacity is unique in the geospatial industry.

Additionally, ASO, Inc. has the ability to generate spatially complete maps of snow water equivalent (the depth of water if the snow were to melt instantaneously) and snow albedo (reflectivity, which controls snowmelt rates) through coupled remote sensing and snowmelt runoff modeling frameworks to provide the best possible water resources data.

The uniqueness of ASO, Inc. comes from the experience of the team in producing coincident snow depth, snow water equivalent, and snow albedo data.

6. Description of efforts made to maximize competition (FAR 6.303-2(b)(6)).

The Contracting Officer utilized various research vehicles such as sources-sought announcements, a Request for Information, the Dynamic Small Business Search, and contact with vendors from previous purchases of the same or similar requirement to inform the industry of the upcoming requirement in order to maximize competition. In this research, a copy of the Performance Work Statement which detailed the scope, schedules and deliverables of the requirement was provided.

The announcements stated that firms capable of providing the services being acquired must submit a written notice that demonstrated their ability to meet the stated requirement. The notices also stated that the required snow survey must be equivalent to or better than NASA Airborne Snow Observatory methodology. Refer to paragraph 8b below for results of the posting/announcements.

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

The Contracting Officer will evaluate and ensure that the price is reasonable and fair in accordance with the evaluation techniques at FAR Part 13.106-3.

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

The Contracting Officer and the Program Office conducted market research in support of this acquisition. The results are as follows:

a. Program Office:

Chad Moore and Emily Thomas (technical representatives from the Program Office) examined the Reclamation-Wide Aerial Photography Indefinite Delivery/Indefinite

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Quantity (IDIQ) Contract No. 140R4018D0005 for application to the 2021-2022 snowpack surveys. Additionally, these individuals conducted a series of discussions with ASO, Inc. to determine how this new survey acquisition can be utilized by one of the IDIQ companies and how ASO, Inc. might support or function, or alternatively utilize the IDIQ as a subcontract to ASO, Inc. for the snowpack analysis portion. The representatives made the following observations.

• The process of measuring snowpack remotely through the Airborne Snow

Observatory is a combination of LIDAR and spectrometer of snow-covered surface and software processing. The licensing from NASA to ASO, Inc covers the realm of remote sensing data processing as well as the basin modeling and flight optimization.

• The data from LIDAR and spectrometer is not governed by any special license, yet it is different than most aerial imagery applications. The LIDAR is collected at a lower laser pulse density than normal LIDAR, flown at a higher altitude to reduce parallax in rough terrain and speed data collection, and LIDAR is integrated with the spectrometer data.

• The spectrometer is a higher class of instrument than a multispectral imager. Instead of the four-bands typically produced by a multispectral camera (R-G-B-IR), it captures over 10 bands of narrow color information. This is used to detect differences in snow gain size, which has subtle color differences in sub-bands within the near infrared. A spectrometer product is not listed in the IDIQ but would have to be collected alongside the LIDAR products to meet ASO Inc’s requirements.

• A key feature of the Airborne Snow Observatory product is the rapid data processing and reporting of snowpack metrics. This requires a close integration of the data streams, a rapid transference of data and rapid computer processing. Such rapid processing of the LIDAR point cloud and spectrometer data is unusual; it typically takes weeks or months to receive processed data.

• ASO Inc has developed application-specific in-flight optimizations to speed data capture. These optimizations are intellectual property and claimed market advantage.

Flight planning is also driven by snowpack information analyzed just before acquisition and the data collection process is tightly constrained within windows of clear weather. Data is collected at a variable pulse density (instead of a fixed pulse density) depending on snow distribution. The aircraft is sometimes re-tasked during flight if real-time monitoring of data streams indicates a defect.

While LIDAR and spectrometer data collection of snow-covered landscapes is not unusual among photogrammetry service suppliers, the Airborne Snow Observatory’s customized nature of the instrument package, the data collection process, the timing of deployment, and rapid transfer of data, and the very fast processing sequence are capabilities that Reclamation’s IDIQ cannot meet. In other words, the LiDAR offered by the IDIQ vendors cannot match the capabilities of the ASO methodology.

b. Contracting Office:

betaSAM: A sources-sought notice was posted on beta.sam.gov for 14 days to provide notice to the LiDAR and aerial imaging community of the requirement and to determine interested vendors. The notice included a copy of a draft Performance Work Statement, Solicitation: 140R2020Q0038 Page 5 of 7

(11/2020) which detailed the specifics of this requirement. The announcement stated that firms which can provide the services being acquired must submit a written notice that demonstrated the respondent’s ability to meet the stated requirement.

From the notice, the Government received one inquiry Athna Solutions, LLC. However, after the CO’s conversation with the Senior Program Manager, Jeremy Blei acknowledged that Athna cannot provide the required Airborne Snow Observatory imagery process. Athna is a general consulting firm with an 8(a) status.

DSBS: A search for remote sensing, imagery, airborne observatory and LiDAR yielded 198 potential vendors. These vendors were notified and provided with copies of the Performance Work Statement. The vendors were also informed of the required ASO methodology to be used for the surveys. Of the 198 notified, the Government received responses from 3 vendors to include ASO, Inc. As confirmed by the representative from the Program Office, Chad Moore, Destiny Global Group and TAG, LLC do not provide the required observatory platform required by the scope.

MANDATORY SOURCES: Use of mandatory/other mandatory sources for services as outlined in FAR Part 8 was considered. The sources listed in this part cannot satisfy this requirement.

GSA: A Request for Information was posted for 5 days on eBuy where 235 potential MAS vendors were notified. The posting included a copy of the PWS and a statement that the snow survey method must be equivalent to or better than the Airborne Snow Observatory methodology. There were no respondents from this posting.

FPDS-NG: A search using the key words “snow observatory” yielded six entities encompassing the State of CA and various schools/universities. These organizations appeared to have previously employed the airborne snow observatory technology. This list included the CA Institute of Technology which employed the technology while under contract with NASA, as well as 140R2020P0016, Reclamation’s 2020 sole source contract with ASO, Inc.

CO Knowledge from Previous Purchases: The CO contacted various sources from previous purchases for the same or similar requirements. These sources specialize in aerial surveys that collect geomatics or other images by using airplanes, helicopters, UAVs or other aerial methods. The types of data collected by these vendors include aerial photography, Lidar, remote sensing and various geophysical data. The vendors contacted cannot provide the required remote-sensing ASO technology.

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

From 2017-2019, NASA conducted snow surveys on the Upper San Joaquin Basin, through an Interagency Agreement between Reclamation and NASA, which employed the ASO platform. However, as stated above, the ASO license was transferred to ASO, Inc., as part of a technology transfer process by NASA.

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In 2020, Reclamation contracted with ASO, Inc., on a sole source basis to perform similar aerial snow surveys. Under this contract, ASO, Inc., employed the airborne snow observatory suite for the imaging and collection process to ensure continuity of information and operations for the reservoir and water management.

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

Airborne Snow Observatories, Incorporated 519 Majestic Pines Drive Mammoth Lakes, CA 93546

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

Due to the unique demand by Reclamation to use the airborne snow observatory imaging spectrometer and scanning lidar system, there are no actions that can be taken to remove barriers to competition at this time. However, drone technology is rapidly improving.

Although drone technology does not meet Reclamation’s needs at this time, it could potentially advance to the point where drones with appropriate imaging platforms that are equivalent or better than the Airborne Snow Observatory are viable alternatives for the future.

SIGNATURES

PREPARED BY:

Name: Same as below

Date:

CONTRACTING OFFICER (CO) (FAR 6.304(a)(1) or FAR 13.501(a)(2)(i)): (All Values)

Name: DEAN SEGGAY

X

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CHIEF of the CONTRACTING OFFICE (CCO) (DOI-AAAP-0024): (> $250K)

Name: BRENDA DAVIS