SSJ_FE_Redacted_1.pdf

Version 4.0

SOLE SOURCE/BRAND NAME JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 12.102(b), 41 U.S.C. 1901)

REQUIREMENT-25-3387

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Western Acquisition Division and NOAA Fisheries, Southwest Fisheries Science Center (SWFSC), Fisheries Research Division (FRD).

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

This is a sole source justification for a new firm-fixed-price contract with Ocean Gold Seafoods, Inc. (OGS) to provide yearly post-survey maintenance and shipping of the Multifunction trawl (MFT) net system; including optional services of major repairs, modifications, and testing and training for officers and crew aboard NOAA vessels, chartered vessels, and/or partner vessels.

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

The MFT net system was designed and built in 2023 to support the Integrated West Coast Pelagics Survey (IWCPS), which combines surveys for Pacific hake and Coastal Pelagic Species (CPS) onto one NOAA vessel. The MFT operates in midwater and surface configurations to meet species-specific sampling requirements without negatively impacting the survey results or data integrity from previous years.

Due to the rigorous use of the MFT during survey operations, post-survey maintenance and shipping services are required to ensure continued performance. The requirement also includes optional services for major repairs, modifications, testing, and training of officers and crew aboard NOAA-owned and/or contracted vessels due to the custom and proprietary configuration of the system.

The anticipated period of performance is from the date of award through September 30, 2026, with four 12-month option periods. The total estimated value of the base and all four option periods is $578,075.92.

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

41 U.S.C. 1901, using SAP up to $9M as authorized by FAR 12.102(b)

41 U.S.C. 1903, using SAP up to $15M for contingency operations as authorized by FAR 13.500(c) and implemented by FAR 13.501(a).

REQUIREMENT-25-3387

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 responsible source and no other supplies or services will satisfy agency requirements. -

OGS is the original designer and fabricator of the MFT systems currently owned and operated by NOAA. The MFT incorporates proprietary net geometry, material specifications, and fabrication techniques developed by OGS based on the operational needs of the IWCPS. This requirement does not impact any existing warranty coverage and is limited to maintenance and support of the currently owned systems.

Use of a different trawl net system or third-party service provider would require redesign, reconfiguration, and validation to ensure compatibility with the existing MFT systems and established survey protocols. Any substitution of materials, fabrication techniques, or net geometry would require additional testing to confirm that system performance, net selectivity, and operational characteristics remain consistent with current survey standards. This process would introduce operational disruption, increased cost, and uncertainty in maintaining comparability of long-term survey operations.

The IWCPS collects data for several of the most important fisheries time series on the West Coast, given the ecological and economic importance of the target species within the California Current Ecosystem. The survey relies on consistent system configuration and performance characteristics to maintain the integrity and comparability of long-term survey data. Because the MFT configuration directly affects system performance, net selectivity, and operational characteristics, and therefore the integrity and comparability of long-term survey data, maintenance, repair, modification, and associated operational training require specialized knowledge of the original design and fabrication processes.

Any deviation in materials, fabrication methods, or system adjustments could alter system performance and compromise survey operations.

Maintenance, modification, or associated operational training performed by an alternate source without full knowledge of the original design and proprietary manufacturing processes would introduce significant technical and scientific risk to ongoing survey operations. Therefore, OGS is the only responsible source capable of providing the required services while preserving operational reliability and data continuity.

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 5.101(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 sole source justification will be posted to SAM.gov within 14 days of contract award.