1305M323DNFFR0028 Sole Source Justification FE - Redacted.pdf

NF-FR7300-23-00649

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)

1. Agency and contracting activity.

The Department of Commerce (DOC), NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD), and Southwest Fisheries Science Center (SWFSC), Antarctic Ecosystem Research Division (AERD), U.S. Antarctic Marine Living Resources (AMLR).

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

This is a sole source justification for a follow-on contract to Teledyne Webb Research (TWR) (UEI FNA3YNLZNM43).The Government intends to negotiate a firm-fixed price, indefinite-delivery indefinite-quantity (IDIQ) contract with five one-year ordering periods with firm-fixed price delivery orders.

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

The U.S. AMLR Program has procured a fleet of 14 autonomous underwater vehicles (long-range hybrid gliders) to support its program of pelagic ecological research in the western Antarctic Peninsula (WAP) and off the west coast of the United States.

The AMLR Program has a continued need to procure related supplies, consumables, and services such as upgrades, calibrations, repairs, engineering and integration of new sensors, and replacement payloads for the U.S. AMLR Program’s existing glider fleet, and to potentially purchase additional gliders.

A maximum award value of $7,000,000.00 is contemplated for this IDIQ. This will be a five year contract, with five one-year ordering periods from September 20, 2023 to September 19, 2028.

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

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 contract as supported below:

TWR is the only source capable of providing the supplies, consumables and services that are compatible with the existing fleet of gliders. TWR gliders are unique, proprietary and highly specialized. Each glider requires routine calibration, sensor replacements, and other repairs to remain functional after deployment under harsh conditions. Using consistent replacement sensors also ensures data continuity for long-term research. TWR is the exclusive manufacturer of, sole provider for parts and services, and the only company authorized to provide service on the gliders in the United States.

AMLR currently has a fleet of 14 TWR extended duration hybrid gliders (autonomous vehicles).

These vehicles were originally acquired through open-competition. At the time of acquisition, TWR was determined as the only vendor deemed suitable to provide the gliders capable of meeting AMLR’s Program requirements for a hybrid system that provides routine autonomous deployment with an on demand propeller to avoid unpredictable hazards such as sea ice..

AMLR relies on these autonomous extended range hybrid gliders which are equipped with a suite of oceanographic and acoustic sensors to measure the hydrography and productivity in the Western Antarctic Peninsula to obtain acoustic estimates of krill biomass used for critical resource management. To date, the AMLR has successfully deployed TWR gliders over four field seasons (60 day at-sea surveys).

Additionally, any future gliders purchased by AMLR for replacement or possible expansion of the existing fleet must be able to replicate data collection procedures to ensure data continuity. This would not be possible using alternative gliders, due to different dimensions, hydrodynamics, drive systems, durations and abilities to carry the required instruments to meet research objectives.

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 in FAR 5.203(a), a synopsis of proposed single source contract action will be posted at the Government-wide point of entry at the SAM.gov. Any responses to the notice of intent will be considered.

Additionally, SWFSC and WAD have confirmation from TWR that all of the equipment, parts, supplies, and services necessary to support this contract are proprietary and are only available from Teledyne. A letter from Amar Steingrimsson, Vice President of Sales, dated 7 April 2023, confirmed TWR is the exclusive manufacturer of, is the sole provider for parts and service for, and is the only company that can provide service on the Slocum Glider within the United States.

And on 2 May 2023, Kathi Sheehan, Inside Sales Manager confirmed via email that no subcontracting opportunities exist. Based on this information, a sources sought notice was not issued.

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

In accordance with FAR 13.106-3, the contracting officer will determine that the anticipated price(s) will be fair and reasonable based on available price catalogs from TWR, previous purchases for these items, and comparison with the Independent Government Estimate (IGE).

Prior to award a price analysis will be conducted and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. Award will not be made if pricing 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 by the AMLR Program and WAD. While there are other similar gliders in the market, there were no other qualified vendors that could provide the gliders with AMLR’s required specifications (see Part 5 above). Furthermore, because the .

AMLR Program has already purchased gliders from TWR, any future glider purchases (to replace lost gliders, to extend the fleet in case of increased prioritization and/or funding, or to extend the capabilities of the current fleet) must also be made through TWR to ensure that data collection and scientific results are consistent over time. Because the gliders contain proprietary components, and to avoid voiding our warranties, it is necessary for the Government to procure all necessary accessories and services from TWR to ensure proper maintenance and functionality of the procured gliders and all future gliders.

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

NA

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

NA

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 in order to guide competitive acquisition strategies, if possible. In year four, market research will be conducted to determine if a competitive acquisition is feasible for any follow-on requirement.

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.

Jen Walsh Date Research Biologist

13. Office of General Counsel Review

Review

Jeremiah Kline Date

Office of General Counsel

14. Contracting Officer’s Certification

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

Carina Topasna Date Contracting Officer

15. NOAA Competition Advocate Approval:

Approve

Jeffrey S. Thomas Date NOAA Competition Advocate and

Director, Acquisition and Grants Office

07/25/2023

08/03/2023

08/03/2023

WALSH.JENNIFER.GAFNE

Y.1502654744

Digitally signed by

WALSH.JENNIFER.GAFNEY.1502654744

Date: 2023.07.25 15:21:31 -07'00'

JEREMIAH KLINE Digitally signed by JEREMIAH KLINE Date: 2023.08.03 16:28:49 -04'00'

TOPASNA.CARINA

MARIE.DEWITZ.1184811444

Digitally signed by TOPASNA.CARINA

MARIE.DEWITZ.1184811444

Date: 2023.08.03 15:51:04 -07'00'

Date2_af_date: 8/7/23