143031-24-0001_SSJ_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

143031-24-0001

1. Agency and contracting activity. Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), and NOAA Fisheries Southeast Fisheries Science Center (SEFSC).

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

This is a sole source justification for a firm fixed price (FFP) follow-on contract (previous Contract number 1305M220PNFFN0613) for a scientific and technical consulting contractor to hire and provide registered vessels, local commercial fishing captains, and at sea fishery observers to conducting a paired trap study for developing effective methods to collect Panulirus spp. spiny lobsters less than 89mm carapace length.

The sole source identified by the Government through market research is HJR Reefscaping, a small business contractor, and their Unique Entity ID is CDESDNE7KER4.

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

Services and deliverables include approximately 47 days at sea of commercial fishing vessels with trained fishery observers onboard, a list of sampling locations, a statistical design for implementation of the study, trap design, database of lobster size composition and catch rates, and a final project report. Monthly progress reports are required and shall include, but not be limited to: accomplishments, issues encountered, travel, and applicable recommendations.

Sampling design, list of sampling locations, and trap design are to be provided within two (2) months of receipt of the award. The project database will be provided to the SEFSC at the end of the performance period. The final report is to be provided within 90 days of the end of the performance period.

The base period of performance is January 15, 2024 through January 14, 2025, with four (4) option years.

Total estimated value is , including option years. The base year is estimated to be

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).

□ 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).

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 Government believes HJR Reefscaping is the only source capable of providing the proposed services at the level of quality required. HJR Reefscaping is the only known capable source that has an established relationship with the Puerto Rico fisheries and possesses the required permits to sample by January 2024.

In addition, HJR Reefscaping was awarded similar contracts in 2017-present, under contracts 1305M220PNFFN0366 and 1305M20PNFFN0613. The Government will benefit from HJR Reefscaping’s experience efficiencies as the Contractor is familiar with the requirement and has successfully completed the pilot study for this ongoing project on a previous contract.

It is absolutely necessary for the contractor to have working relationships with both the commercial fishing industry and the ability to successfully and safely place observers onboard commercial fishing vessels in Puerto Rico, which HJR Reefscaping unequivocally does. HJR Reefscaping is the only known vendor with experience collaborating with commercial fisheries fishers in the Puerto Rico regions. Establishing working relationships with the commercial fishing community in Puerto Rico is extremely difficult and time consuming as the community is wary of outsiders, preventing data collection until those working relationships are in place.

The mission would be severely impacted if the requirement is not solicited from this limited source due to several factors including the limited time frame for sampling. Sampling will occur during three (3) periods from January 2024 through January 2025 and the time it takes to establish working relationships and licenses for commercial fishing vessels to conduct the scientific work required is both cumbersome and consuming. The required permits for scientific sampling in Puerto Rico with the Puerto Rico Department of Natural and Environmental Resources are time consuming to acquire and would exceed our start date, jeopardizing our sampling for the entire project. Delays in receiving these permits put the mission at risk. HJR Reefscaping has the necessary expertise of the permitting process, has established working relationships with commercial fishers in Puerto Rico, and has the capacity for placing observers onboard commercial fishing vessels that will allow work to immediately begin the project upon award.

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.

A synopsis will be publicized as required by FAR Subpart 5.2. Results of market research, described in additional detail under Section 8 below, indicated that no source other than HJR Reefscaping has demonstrated the necessary combination of working relationships with Puerto Rico commercial fishers, has a staff of trained fishery observers experienced in at sea data collection, and has experience with the Puerto Rico Department of Natural and Environmental Resources permitting process.

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 will be fair and reasonable based on average market rates of the positions listed in the market research portion of this document, as well as the overall budget available for this requirement. 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 November 15, Small Business Administration’s Dynamic Small Business Search tool was utilized using NAICS code 541690 and keywords “environmental consulting lobster” and “marine biology lobster”, no results surfaced.

On November 15, SAM.gov Search tool was utilized using keywords “environmental consulting lobster” and “marine biology lobster”, no results surfaced.

While reviewing the previous purchases for similar/identical awards to this effort, HJR Reefscaping was the sole source vendor to perform the tasks for NFFN7600-20-02932 and previous contracts for similar work: 1333MF19PNFFN0128 and 1333MF18PNFFN0053.

A source sought posting was issued to SAM.gov on November 3, 2023 to identify capable vendors for this effort. The posting closed November 17, 2023 and four (4) small business vendor responses were received; MW Solutions, Coastal Mapping & Science LLC, SRR International, Inc, and ECHO Consulting Solutions. The program office confirmed the interested vendors uncappable of performing the requirements of this effort. Documentation of this determination is attached.

9. Any other facts supporting the use of a sole source, such as:

All supporting facts have been provided herein.

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

Vendors MW Solutions, Coastal Mapping & Science LLC, SRR International, Inc, and ECHO Consulting Solutions submitted a response to the SAM.gov source sought notice by the November 17, 2023 close date. The program office reviewed each submission against the posting requirements and determined all four (4) vendors were incapable of performing this effort as insufficient information was provided from the responses. All of the vendors did not provide documented experience in Puerto Rico and no demonstrated collaborations with Puerto Rico commercial fishers as the project requires collaboration with the commercial fishers in this region. Sampling is required throughout the year and lengthy delays would not allow for successful completion of the contract.

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.