1305M322CNFFM0030 P23002 Sole Source Justification Final FE_Redacted.pdf

Version 3.0

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)

PR NF-FM7320-23-01411

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Western Acquisition Division and National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC), in Woods Hole, MA.

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

This is a sole source justification for a modification to an existing firm-fixed-price contract with Edgeone LLC to increase the award value from $2,997,325.00 to $3,702,925.00 for on-demand Buoyless/Ropeless Systems to Provide to Pot/Trap Fishermen to Test in Commercial Fishing Operations.

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

NEFSC requires buoyless/ropeless solutions for pot and trap fishing gear. NEFSC requires existing technology they can supply to fishermen to test for operational reliability and to familiarize fishermen who can then report on concerns or successes in the North Atlantic. The demand for buoyless/ropeless systems has increased due to a District of Columbia Court ruling that found that fishing restrictions issued by the National Marine Fisheries Service didn't go far enough to protect whales. For this reason, the agency must issue new rules by December 2024 and has been given additional funding to obtain more systems for Buoyless Ropeless Systems to continue research to shape the new rules in the way they find fit. The estimated increase in total cost is $746,100.00, from $2,997,325.00 to $3,702,925.00 for a five year period which began on July 1, 2022 and runs through June 30, 2027.

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

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

□ 41 U.S.C. 1903, using SAP up to $13M 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:

Edgeone is uniquely qualified to provide these supplies to NEFSC based upon the following:

a. In June 2022, multiple stand-alone contracts were competitively awarded for ropeless systems using various technologies to determine how to fish for lobster and crab without endangering whales. Additional funds have been received to purchase more systems for

EdgeOne Ceiling Increase Contract 1305M322CNFFM0030 research and will be distributed across all the Buoyless/Ropeless Systems awards.

Edgeone’s systems provide technology that has been demonstrated to function exceedingly well for the lobster and Jonah crab fishermen in the Northwest Atlantic waters.

Through the use of Edgeone products, NEFSC has found them to be beneficial in this research and more systems from them are required than originally anticipated, as their systems utilize unique proprietary gear marking technology which meets a mandate for the NEFSC permits office to provide location information for the systems. Additionally, Edgeone has been successfully providing the equipment in a timely manner. Therefore, the majority of the additional funds provided are is being utilized to purchase additional to Edgeone systems to further the research.

b. Using the research collected by NEFCS will help guide new restrictions mandated by the District of Columbia Court. Commercial fishermen in the Northeast region have become familiarized with these systems and how to operate them over the last 9 months of testing.

As the Edgeone systems are still in the development stages, feedback provided by fishermen is valuable and assists with influencing system improvements based on the testing that has taken place thus far. Edgeone has supplied user friendly systems in a timely manner, communicate regularly with the Government, address any issues immediately, and regularly communicate with the fishermen to help improve their product.

Obtaining additional Edgeone systems to continue testing allows NOAA to accomplish its mission of conserving and rebuilding the North Atlantic right whale population.

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.

In accordance with the posting requirements at FAR 5.201(b)(ii) a notice of proposed contract action for a modification to an existing contract for supplies that exceeds the threshold stated in 5.101(a)(1) was posted to the Government Point of Entry on March 28, 2023. No responses to this notice were received. A redacted Sole Source Determination will be posted within 14 days of award of the modification.

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

The Contracting Officer determines that the anticipated prices will be fair and reasonable based on recent prices paid for these items awarded through adequate price competition in July, 2022. No modification will be issued if the prices cannot be determined 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.

Market research was conducted prior to the current award and nine (9) vendors were identified that are currently developing their own technology for buoyless/ropeless systems. 5 are large businesses and three are small business. Edgeone is a small business. All of these vendors have new technologies intended to minimize the potential for marine mammal interactions in pot and trap fisheries that is being tested by NEFSC.

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

All supporting facts have been documented herein.