JOFOC NEFSC Shark Survey FE_Redacted.pdf

Requirements 24-1650

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:

Compatibility to Existing Studies - The Eagle Eye II Corp is the only source able to provide the longline survey services for the 12th and 13th year of the on-going CSBLL Survey due to the scientific need to limit as many sources of variability as possible. In addition, the vendor is uniquely qualified to provide these services to the NEFSC Apex Predators Program based upon the following:

a. This vendor has conducted the past four instances of the CSBLL Survey spanning 10 years, and is a match in fishing and animal handling capabilities, including the ability to safely boat large, live sharks and protected species such as sea turtles which require special handling. The continuation of the survey is critical to providing sufficient data to produce meaningful and accurate results for stock assessments of key commercial and ESA species in the western North Atlantic Ocean. Unlike a one-time project that may be performed by a number of vessels that have the proper technical specifications, on-going survey projects need to ensure data is collected as consistently as possible to allow for a year to year comparison and to accurately capture trends over time. Thus, it is critical for the fishing protocols and fishing efforts to be as consistent as possible over the successive years of a survey. This includes the type of bait (spiny dogfish, atypical bait which must be sourced carefully based on size and cut to precise measurements), how the gear is baited and laid in the totes, the speed at which the gear is set and hauled, and setting the gear the same way in relation to the tide and critically, the bottom habitat.

Consistency between years is critical to the quality and reliability of the survey data.

Maintaining a consistent survey platform ensures that the data collected during the survey accurately represents spatial and temporal trends in resources and protected species. The work performed under this requirement is completed during specified days of the year that are standardized across the duration of the survey (since 1996).

Achieving this timeliness of sampling is critical to application and interpretation of survey data for stock assessments and fisheries management.

b. A change in vendor would mean the beginning of a completely new data time series due to the differences in fishing power and gear handling that a new vessel and crew would introduce, as well as previous years of wasted Government funds due to duplication of effort (recalibrating to a new vessel when it has taken years to calibrate to this one. Each particular fisherman has their own way of doing these things, or different hauling winches onboard their vessel that would introduce variability in these factors. Thus, contracting a new vessel to participate in this survey would jeopardize the standardization of data to that from past years of the survey. This would defeat the purpose of the survey, which is to provide a consistent time-series of relative abundance. Retaining Eagle Eye II Corp to continue to conduct the survey would allow NOAA to accomplish its mission of providing critical data to the NEFSC and NMFS HMS. In order to ensure on-going survey results are statistically valid, Eagle Eye II Corp must provide the study platforms for the continuing years of the longline survey.

c. Eagle Eye II Corp is well-trained in the fishing and data collection protocols of the

CSBLL Survey and have met with scientific experts a number of times during planning sessions for previous years of the longline survey.

Continuing the survey with new entities would require additional training as well as additional time for new certification and licensing of crew to comply with safe handling and release requirements for sharks and protected resources. This would also cause the learning curve to begin again, while introducing higher error rates into the data. In addition, the need to install new and vet existing gear and scientific equipment on a new vessel would set back the project and would squander a great deal of time and money invested into the study. The additional training and time spent determining new configurations and wiring of the scientific equipment on new vessels would have significant costs in terms of scientific staff time and supplies. This would take away from other work, in addition to diminishing the value of earlier investments.

For the aforementioned reasons, it’s necessary for the Government to negotiate on a sole source basis with Eagle Eye II Corporation.

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.

As required by FAR 13.105(a), a notification stating intent to sole source will be posted at sam.gov. Any responses received from the notification on sam.gov will be considered by the Government. Additionally, the redacted JOFOC will be posted to sam.gov within 14 days of contract award.

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 upon a comparison with the Independent Government Estimate and market prices for similar services. Prior to the award of the proposed contract, pricing information shall be obtained from the Contractor and a price analysis will be performed to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable in accordance with FAR 13.106-3(a). If pricing cannot be determined fair and reasonable, no award will be made.

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

No additional efforts were taken to obtain competition since this is not an issue whether or not there are other entities capable of performing the physical work, but one of scientific validity. In order to keep the scientific integrity of the survey data so that it can be compared to prior years’ data, the same vessel platforms must be maintained. Thus, no additional efforts were taken to obtain competitive estimates. The requirement cannot be modified in any manner due to the need to avoid introducing major variability in data collection methods, which would render efforts from previous years a waste of time and money.

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

All pertinent facts have been documented within other sections of this document. There are no additional facts to be reported in this section.

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

None.

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.

Further market research to gauge the price fairness for future requirements will be conducted for future procurements. However, this is not an issue whether or not there are other entities capable of performing the physical work, but one of scientific validity. The Government must ensure consistency in all aspects of data collection for the CSBLL Survey in order to create a robust dataset suitable for analysis and input into stock assessments.

12. Technical/Requirements Representative Certification

13. Office of General Counsel Concurrence

14. Contracting Officer’s Certification and Approval

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