1305M324C0098_Sole_Source_Justificaltion_FE_Redacted_1.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)

143051-24-0099

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD), and Southwest Fisheries Science Center (SWFSC), and Ecosystem Science Division (ESD).

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

This is a sole source justification for a follow-on requirement to contracts 1333MF20PNFFR0085, 1305M320PNFFR0478 and 1305M322PNFFR0194 to Williamson and Associates, Technologies Inc (WaTech), a designated Small Business. The government intends to negotiate a firm fixed price contract

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

This requirement is for the development of new upgrades to existing shadowgraph cameras and for the delivery of new shadowgraph camera systems, as well as ongoing hardware consumables and hardware support and services.

A Firm-fixed price contract is contemplated, with a total estimated maximum cost of $485K. This contract will have a 1-year base with two one-year option periods from September 14, 2024 to September 13, 2027.

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:

Compatibility to existing systems or equipment, Over the last five (5) years NOAA Fisheries ESD, has procured a total of eight (8) shadowgraph camera systems from WaTech. These camera systems are unique, proprietary and highly specialized and are specially designed to be integrated with Teledyne Webb Research (TWR) Slocum G3 autonomous underwater gliders (gliders exclusively used by ESD).

The shadowgraph camera systems are mounted to TWR gliders and used to monitor zooplankton in the offshore waters of California. Upgrades are currently required as NOAA’s Optics Strategic Initiative group now requires shadowgraph system for the application of artificial intelligence and machine learning tools and the classification to lower taxonomic levels. Image resolution of the shadowgraph camera system must be increased.

Additionally, this procurement is part of NOAA Fisheries Strategic Initiative, for Climate-Ready Fisheries under the Inflation Reduction Act (IRA). The data collected from the camera systems allow ESD to incorporate climate and ecosystem environmental data to inform and support management decisions for affected sectors and communities. Compatibility with existing systems is essential to ensure data continuity. Instrumentation must remain consistent, so that datasets overtime is comparable. Data integrity across time is essential to accurately track trends.

Only one Source

WaTech are the only source capable of providing upgrades and services to these existing camera systems and are the exclusive manufacturer of, sole provider and the only company authorized to provide service on the camera systems.

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 WaTech that they are the sole source, manufacturer and repair service provider for shadowgraph systems. A confirmation letter from Rob Millsap, Principal, WaTech was received on July 10, 2024. 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.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the Independent Government Cost Estimate. A price analysis will be conducted in accordance with FAR 13.106-3(a)(2).

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 ESD and WAD. Market research confirmed that no other authorized contractors who can provide shadowgraph camera systems or services, as WaTech is the sole source, manufacturer and repairer. WAD did not post a sources sought notice as the original purchase of the shadowgraph camera systems were competed under award

1305M320PNFFR0478.

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.

For future follow-on requirements, the program office will revisit to see if distribution rights have become available for other sources. Market research will be conducted to verify if new technologies or if alternative products that meet the minimum specifications have been developed, before any subsequent action takes place.

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.

Date

Date

Date

Christian Reiss, Supervisory Research Biologist Program Lead, Offshore Wind Program

John Crofts, Deputy Science and Research Director, Southwest Fisheries Science Center

13. Office of General Counsel Concurrence

Review

Office of General Counsel

14. Contracting Officer’s Certification and Approval

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

Approve

Carina Topasna Date Contracting Officer