JOFOC.pdf

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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)

NM-AN2120-22-01820

1. Agency and contracting activity. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD), and Office of Marine and Aviation Operations (OMAO), and Marine Operations Center

(MOC).

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

The OMAO has a new requirement to install a Dynamic Positioning (DP) system aboard the NOAA Ship Reuben Lasker a Fisheries Survey Vessel (FSV). The Government intends to award a Firm Fixed Price (FFP) Purchase Order to Beier Integrated Systems, the Original Equipment Manufacturer for their systems.

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

NOAA’s OMAO, MOC, has a need for a replacement DP system installed on the NOAA Ship Reuben Lasker. The DP system is an essential unit and a critical aspect of the ship that allows the vessel to remain in one place through complex interfaces with the vessels propulsion systems. The DP system is required for use in navigation and station keeping aboard the ship.

The expected delivery date is the fall of 2023 and the installation and testing is expected during the ship’s winter repair period in early 2024.

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

☒ 41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

□ 41 U.S.C. 1903, using SAP up to $15M for contingency operations as authorized by FAR 13.500(c) 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. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source – Beier Integrated Systems is uniquely positioned to meet the DP system requirement for the Reuben Lasker. The company is the OEM for DP Systems installed on NOAA’s five (5) other FSVs and four (4) additional NOAA vessels resulting in over half of the

NM-AN2120-22-01820

NOAA fleet having a Beier DP system. Bier is the sole distributor and servicer of the company's DP systems and no other company is capable of providing these systems. Beier maintains stocked parts in the company’s facility providing a reliable source for the government to purchase fleet spares for NOAA vessels. Beier manufactures, fabricates, and installs custom consoles which integrate with the various types of propulsion/thruster and power management systems on NOAA ships. Continuing to standardize the DP systems installed on NOAA ships allows for the government to communicate with one technical support team and allows NOAA to maintain a solid base of fleet spares which prevents the loss of mission sea days and increases purchasing efficiency.

Operating a Dynamic Positioning System requires that Reuben Lasker’s active duty bridge and support personnel be trained to use the DP system. In addition to active duty members NOAA is crewed with Merchant Mariners that fill positions required to use and support the DP system.

These additional personnel are required to take the same training as the active duty members.

The training required is a week-long basic operator class followed by a week-long advanced operator class. Each member of the crew must also take a yearly course to recertify to be able to operate the DP System. NOAA personnel and Merchant Mariners qualified to use a Beier DP system would be able to quickly assimilate into their assigned roles and responsibilities aboard the Reuben Lasker without the need for additional costly training. This training would be required if another company’s DP system is installed on the Reuben Lasker. Installing a Beier DP system on the Reuben Lasker will continue the DP system standardization across the NOAA fleet; while reducing the number of lost mission sea days due to training requirements.

Purchasing a DP system from another company would increase training costs, and would prohibit NOAA’s ability to maintain a standard depot of fleet spares for dynamic positioning systems. As a result, maintaining the standardization of DP systems across the NOAA fleet is mission critical and therefore is in the Government’s best interest to award to the proposed contractor on a sole source basis.

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.

A sources sought notice was posted on SAM.gov on October 18, 2022 and closed on November 1, 2022. Five (5) companies responded to the sources sought notice; three (3) companies were large businesses and two (2) companies were small businesses.

In accordance with FAR Subpart 5.2, a Notice of Intent to negotiate a sole source contract pursuant to the authority of 41 U.S.C. 1901 was posted to SAM.gov on December 16, 2022 and closed on December 22, 2022. No responses were received.

A notice of award will be publicized on SAM.gov within 14 days after the contract award per FAR 13.501(a)(1)(iii). A copy of the Justification will be included in the award posting.

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

The Contracting Officer will determine the anticipated price to the Government as fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii), Comparison of the proposed price with prices found reasonable on previous purchases, and FAR 13.106-3(a)(2)(vi), Comparison to an Independent Government Estimate.

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

The Contract Specialist conducted additional market research in the Financial Procurement Data System (FPDS) on December 8, 2022. NOAA has spent $1,307,015.00 on Beier DP systems for repairs, spare parts, and having NOAA crew members trained on how to operate a Beier DP system.

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

All supporting facts have been documented herein.

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

The following companies provided a written response to the sources sought notice:

Beier Integrated Systems – Small Business

Thrustmaster of Texas – Small Business

Kongsberg Maritime – Large Business

Marine Technologies – Large Business

Wartsila of North America – Large Business

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.

At this time there are no actions NOAA can take to remove or overcome this barrier short of replacing the Beier DP systems currently installed on over half of the ships in the NOAA Fleet.

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.

Date

Contracting Officer Representative

13. Office of General Counsel Concurrence

Concur

Date

14. Contracting Officer’s Certification and Approval

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

Contracting Officer