1305M323CNFFM0067 JOFOC Sole Source FE Redacted.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)

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) and Northeast Fisheries Science Center (NEFSC) Fishery Monitoring & Research Division (FMRD).

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

This is a sole source justification for a follow-on to an existing contract, 1305M2-19-F-NFFM-0066.

The planned contract type is a Firm-Fixed Price (FFP) with a one (1) year base plus four (4) one

(1) year option years for Marel Scales Services from Fusion Marine Technology, Inc.

(YQ97N6YZSW48).

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

FMRD’s NEFSC Observer Programs are seeking a follow-on contract service plan agreement for marine digital motion compensating scales for a total of 276 Marel Scales. The government has a requirement for collection of data by the FMRD Observer Programs as required by the Northeast Region’s fishery management plan (FMPs) and as mandated by the Magnuson-Stevens Fishery Conservation Management Act and the Sustainable Fisheries Act. Many FMP’s include quota monitoring and discard rates that are calculated using observer catch weight data, making it mission critical to collect accurate and precise catch weight data. Marine digital motion-compensating scales have helped achieve this objective of improved weight collection in a more efficient and safe manner.

The service plan agreement will have a period of performance of November 1, 2023 through October 31, 2028. The estimated price for the complete contract is $1,259,940.00.

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

X 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).

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 - Only one (1) source is capable of providing the services required at the level of quality required because the services are unique and highly specialized. FMRD’s Northeast Fisheries Science Center (NEFSC) Observer Programs requires a service plan for marine digital motion-compensating scales for the maintenance, calibration, upgrade and repair for Marel M1110/PL2262 and M1100/PL3260 scales. It is mission critical that these scales be maintained, calibrated and aligned, testing the electronics, control head, communications (serial port and Bluetooth) and load cells.

NF-FM7910-23-01022

Any parts damaged both inside and outside of normal wear and tear need to be replaced.

Fusion Marine Technology is the only capable vendor of providing the services required at the level of quality required because the services are under warranty and require certified technicians. On September 1, 2020, Marel Inc announced a partnership with Fusion Marine Technology. Meaning, Fusion Marine Technology is the only authorized vendor to provided services on the scales and remain in warranty.

All Marel Scale customers must abide by guidelines in order for the seller to incur the warranty obligation. The warranty (attached for reference) states the customer is liable for costs if they

1) fail to observe Seller’s instructions concerning the use, cleaning, and/or maintenance of the Equipment and/or Marel Software and this failure has caused the defect of the Equipment 2) the customer modifies or repairs the Equipment and/or Marel Software, allows a third party to do so or uses spare parts not approved by Seller for maintenance without Seller’s prior written permission and 3) the customer fails to notify Seller of any defect immediately upon Customer’s discovery of the defect or in any event within seven (7) days after the discovery of the defect. Due to the above, Fusion Marine Technology is the only source.

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 source sought was posted on SAM.gov on May 4, 2023 for a period of 15 days to determine whether any other source could meet the Government’s needs. There was one (1) response to the solicitation from a small business, Scale Service and Supply. The Technical Review team determined Scale Services and Supply was not a capable vendor for this effort. Documentation of this determination is attached.

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 past contract pricing on the previous five (5) year contract, 1305M218PNFFM0066. In addition, the contract will have fixed unit rates. These will be reviewed and evaluated to determine a fair and reasonable price for the duration of the contract.

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 in support of this action. On September 1, 2020, Marel Inc announced a partnership with Fusion Marine Technology to provide exclusive service to all Marel scales in North America. Market research confirmed this partnership remains in place in 2023.

Use of a third-party vendor outside this partnership would void all warranties. Consistent and annual certification and calibration of these scales is an integral component of the Quality Assurance/Quality Control procedures maintained by the NEFSC FMRD Observer Programs.

Maintaining data continuity and precision is mission critical to the NEFSC FMRD Observer Programs.

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.

Scale Service & Supply Co., Inc. (SSSC) 344 South Street Rensselaer, NY 12144 POC: Lori Haita (518)378-7057

UEI: WSKYDCZMQ6Q8

This entity record has been validated as unique and existing, but is not registered in SAM.

On May 8, 2023, SSSC responded to the sources sought notice via SAM.gov expressing interested on scale maintenance and servicing Marel Scales. The Technical Evaluation Team reviewed SSSC’s response and concluded the vendor is technically unacceptable because a third party would void all warranties and all commitments regarding the functionality of the Marel Scales.

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 Contracting Officer will conduct market research during Option Year 4 to determine if other sources are available for a potential competitive requirement if the services are needed for a new contract after Option Year 4.

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.

Jennifer O’Connell Date Program Office/COR

13. Office of General Counsel Concurrence

Concur

Office of General Counsel Date

14. Contracting Officer’s Certification I certify this justification is accurate and complete to the best of my knowledge and belief.

Rachel Karkane Date Contracting Officer

15. NOAA Competition Advocate Approval:

Approve

Jeffrey S. Thomas Date NOAA Competition Advocate and Director, Acquisition and Grants Office

Review

JEREMIAH KLINE Digitally signed by JEREMIAH KLINE Date: 2023.08.02 21:52:25 -04'00'

Digitally signed by

MABE.KELLY.DANA.1229305057

Date: 2023.08.07 08:07:27 -04'00'

8/7/23