1305M324C0037 Sole Source Justification FE__Redacted.pdf

REQUIREMENTS-24-2268

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 The services requested are unique and highly specialized and only one offeror is capable of successfully filling the needs of this project. For more than 10 years, VT has received grants from NOAA SEFSC to support the mission on collecting data on bycatch management, leading up to this particular project. This particular region for research in the Northeast U.S.

and Atlantic Canada has its origins from the Deepwater Horizon oil spill. Seabird impact in this region has unique implications on seabird migration around the U.S.. At the present time, there are inconsistencies across the different regions of the U.S. regarding the analysis of fishery observer data sets to estimate seabird bycatch in the build up to create the seabird bycatch hotspot model. The results of this contract are expected to lead to the establishment of a seabird bycatch hotspot model to be implemented at the southwest and northwest locations during migration periods. VT has more than 10 years of expertise and experience in the understanding of how to create the model and the model cannot be understated or supplemented by another offeror.

Over 10 years, VT has developed and integrated different tools to model seabird bycatch hotspot occurrence and location as a function of multiple descriptors provided with fisheries catch and effort data on U.S. western North Atlantic pelagic fisheries, observed by the NOAA Fishery Service Pelagic Observer Program (POP). The data derived from the U.S. Atlantic pelagic longline observer and logbook data is complicated and unique. VT understands the intricacies required to be able to successfully manipulate the data in these complex databases and has designed methods to determine the influence on seabird bycatch of various gear components and configurations, as well as fishing tactics. VT is uniquely qualified to determine which specific type of model can be used for a specific issue and set of seabird bycatch data. For example, VT can determine whether to use a general linear model, a general additive model, or a mixed effects model, or when to take a Bayesian approach, when analyzing seabird bycatch data. The data derived from these logbooks are complicated, and just because a offeror has experience with Seabird bycatch analysis does not mean the offeror can understand the data, or understand how to analyze it for use that is consistent with the previous 10 years of data output. VT’s expertise makes it the only entity that can meet this unique and highly specialized requirement at the level of quality required to avoid mistakes that will lead to delays in analysis and application. VT published four (4) papers from 2012 to 2021 analyzing fishery observer data sets to estimate seabird bycatch in build up to create the seabird bycatch hotspot model lay the foundation for future work in this field. Recently, in July of 2020, VT was awarded 1305M220PNFFN0378, as a sole source effort for seabird bycatch reduction through pelagic longline fishery deployment. Not awarding to VT would impact the mission by disrupting and causing delays to the analysis of seabird bycatch data.

Currently, VT is the only source of expertise who has the highly specialized expertise, unique programming code and precursor products to accomplish the identified tasks with the limited available funding and within a period of time most relevant to the issue dedicated to the Great Shearwaters and Northern Gannets areas. VT has already conducted considerable hotspot analysis, as demonstrated in Bi et al. 2020, and has worked with the US Atlantic pelagic longline observer and logbook data for many years. In addition, the proposed modeling work under this contract is necessary to support related field studies that will be conducted in Summer 2024. The modeling must be conducted concurrently with these field studies to ensure success of the related Deepwater Horizon seabird restoration effort.

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 FAR 5.203(a), a notice of intent to sole source will be posted to SAM.gov for a period of 15 days.

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

The contracting officer will follow the procedures set forth in FAR 13.106-3(a) to determine that the costs to the Government are fair and reasonable, including comparison of the proposed prices with prices found reasonable on previous purchases and comparison to the independent Government estimate. 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.

On April 25, 2024 the Federal Prison Industry, UNICOR and the FAR 8.003 Use of Other Mandatory Sources were reviewed and searched for capable offerors, and no results were found.

On April 25, 2024 the Dynamic Small Business Search was searched using the NAICS code 541690 and keyword “seabird”, and resulted in two (2) small businesses, Ocean Associates Inc.

and Pole Star Ecological Research LLC (PSER). These businesses were reviewed by OST technical team and both were determined to not be capable. The results are as follows:

Ocean Associate’s has performed seabird population estimates in Hawaii, which involved completely different species than the species of focus for this project. In addition, the Hawaii project was focused on a utility company as opposed to commercial fishing vessels. Therefore, Ocean Associates does not have the required experience demonstrating the capabilities necessary to perform this requirement.

PSER seemed to be a better match for this project, but under closer examination of their publications it was determined their experience did not match the capabilities required for this project. For example, a publication entitled “Differential Response of Seabird Species to Warm-Water and Cold-Water events in a Heterogenous Cross-Shelf Environment in the Gulf of Alaska”, uses exclusively environmental data and no fisheries data to support its analysis.

Additionally, the analysis occurred in Alaskan waters involving different seabird species from this project.

Upon the request of the NOAA Small Business Office, a source sought notice was posted to allow potentially capable offerors to submit capability submissions on May 21, 2024. The noticed closed on June 5, 2024 and received two (2) responses from OAI and TechGlobal, Inc. (TGI). The COR thoroughly reviewed each submission and provided their subject matter expertise on deciding if the interested offerors possessed the capability to perform the requirement. A high-level summary of the COR’s reviews are below and a copy of their full summarize are attached:

The NOAA project management team has evaluated OAI’s capability statement and finds that OAI does not possess the expertise to meet and exceed the requirements outlined in Section 3 Tasks 2 through 5 of the PWS. OAI’s capability statement cites five (5) different projects supporting the NOAA Fisheries SWFSC. One (1) of the five (5) projects, which focuses exclusively on seabirds, took place in the Antarctic and was focused on collecting the data, not the analysis of the data output. None of the cited projects focused on the Atlantic Ocean, the seabirds of interest in the PWS, or Atlantic gillnet and trawl fisheries. In addition, it is unclear from OIA’s capability statement that they have worked repeatedly with large observer program data sets which is extremely important to mission success.

Although one (1) OAI project focused on geographic modeling, that is largely unrelated to the PWS’s need for development of bycatch hotspot models and evaluation of fishing tactics and seabird bycatch reduction strategies. Experience conducting synthesis and analysis of observer program data and quantitative model development specific to U.S.

Atlantic seabird bycatch and interactions with various Northeast commercial fisheries is critical for project success. Based on the above analysis, OAI is not an offeror deemed capable of conducting this work successfully.

The NOAA project management team has evaluated TGI’s capability statement and finds that TGI does not possess the expertise to meet and exceed the requirements outlined in Section 3 Tasks 2 through 5 of the PWS. The Southeast Fisheries Science Center (SEFSC) project cited by TGI that relates to the PWS focused on a completely different gear type (bottom longline vs. primarily gillnet and trawl; a very different species (sea turtle vs.

seabird); and a different region of the country (Gulf of Mexico vs. Gulf of Maine). In contrast, the current effort has a focus on developing bycatch hotspot models and evaluating fishing tactics and seabird bycatch reduction strategies. The SEFSC project conducted by TGI included some spatial analysis. However, the TGI project did not focus primarily on bycatch hotspot modeling, and the TGI project did not evaluate fishing tactics because its study found little evidence for fishery components driving sea turtle interactions with longline gear.

The Northeast Fisheries Science Center (NEFSC) project cited by TGI focused on scientific research and fisheries data compilation to assess the health of fish stocks. This work is not related to the PWS focused on modeling seabird bycatch hotspots, evaluating fishing gear interactions with seabirds, and evaluating seabird bycatch reduction strategies. Based on the above analysis, TGI is not an offeror deemed capable of conducting this work successfully.

Experience conducting synthesis and analysis of observer program data and quantitative model development specific to U.S. Atlantic seabird bycatch and interactions with various Northeast commercial fisheries is critical for project success.

The OST has determined VT to be the only source for this effort. In a meeting with OST, they described how there are offerors that do similar work in different regions on different types of seabirds, however, they would not be capable of providing the required services because the data being collected is highly specialized and uniquely focused on the seabirds specifies in the Northwest Atlantic waters. Offerors doing similar work in different regions differ from the seabird migration habits in the Great Shearwaters and Northern Gannets areas. VT is the only source to have developed and integrated the tools to model seabird bycatch hotspot occurrence and location as a function of multiple descriptors provided with fisheries catch and effort data on U.S. western North Atlantic pelagic fisheries observed by the NOAA Fishery Service Pelagic Observer Program (POP). Furthermore, VT has designed methods to determine the influence on seabird bycatch of various gear components and configurations, as well as fishing tactics.

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

The deliverables resulting from this effort will allow for the implementation of a consistent model to be used with other U.S. regions to represent the overarching seabird bycatch data findings. VT is the sole offeror who can provide the data representing the Northwest Atlantic waters.

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

As of date of document signature, no other sources have been identified. Any responses received will be taken into consideration.

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. The Government will seek competition of future acquisitions for modeling hotspots of seabirds fisheries interactions and bycatch in Northeast U.S. Fisheries. Once the survey methods are more established across various U.S. regions, the Government can openly compete amongst offerors who may have adopted similar methods of survey.