2 JOFOC 143051240049_redacted.pdf

Version 2.0

Source Selection Information – see FAR 2.101 and 3.104

LIMITED SOURCE JUSTIFICATION

FOR AN ORDER/BPA EXCEEDING MICRO-PURCHASE THRESHOLD

AND UP TO THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 8.405-6)

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This acquisition is conducted under the authority of the Multiple Award Schedule Program.

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), National Marine Fisheries Service (NMFS), Southwest Fisheries Science Center (SWFSC), Operations and Management Division (O&M).

2. Description of supplies or services required to meet agency needs (including the estimated value). NOAA intends to award a purchase order with firm fixed price rates to the University of California Regents (UCR) to supply a continuous flow of seawater to the SWFSC La Jolla Laboratory.

The requirement is to provide a continuous flow of seawater to the SWFSC’s La Jolla Laboratory.

The seawater will be pumped from the intake at the end of the Scripps Institution of Oceanography (SIO) Pier, flow through the SWFSC experimental aquarium, and returned to the ocean via SIO’s seawater outfall. The expected flow is 80 gallons per minute at the rate of $0.44 with an estimated cost of $185,011.20 from September 14, 2024 through September 13, 2025. This will allow the SWFSC to accomplish its mission of conducting research on the conservation and management of living marine resources. All piping, valves, pumps and associated equipment are owned and maintained by SIO, with the exception of equipment on the premises of the SWFSC La Jolla Laboratory.

Estimated value is $185,011.20 for one year of seawater.

3. Identification of the limited source(s) to be solicited.

University of California at San Diego 9500 Gilman Drive Scripps Institution of Oceanography, UC San Diego La Jolla, CA 92093

4. Authority and supporting rationale. The contracting officer has determined the following circumstance justifies limiting the source under FAR 8.405-6 and as supported below:

Only one source is capable - FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

The SWFSC La Jolla Laboratory is located on the campus of SIO, which is part of the University of California system, governed by the UCR. The SWFSC has maintained a presence on the SIO campus since the 1930’s. In 1964 a new federal laboratory was commissioned on the ocean bluff at the northern end of the campus that included an experimental aquarium and a flow-through

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Source Selection Information – see FAR 2.101 and 3.104 seawater supply. The infrastructure (pumps, filters, pipes, valves, holding tanks) was installed at the time of construction and operation of the system was assumed by SIO. When the facility was jeopardized by erosion of the cliffs a ground lease was negotiated for land across the street where the current laboratory was built. Three of the four buildings that comprised the old laboratory were demolished, several improvements were made to bring the site into modern seismic and geo-hazard code compliance, and the facility was transferred to UCR.

NOAA and the UCR signed the Ground Lease for the land on which the new laboratory was built on 17 June 2009. Part of the new laboratory construction included an extension of the existing SIO seawater system to the new facility.

The Ground Lease (clause 2.6 and Attachment F) further specifies that NOAA will pay the UC Regents for seawater usage. The infrastructure to provide the seawater is in place and there is no other source.

Logical follow-on - FAR 8.405-6(a)(1)(i)(C) – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order or BPA. The original order or BPA was placed in accordance with the applicable FSS ordering procedures.

The original order or BPA was not previously issued under sole-source or limited sources procedures. The NOAA SWFSC has had previous contracts with the UCSD SIO since 2016.

These are contracts AB133F16BA0045, 1305M321CNFFR0018, 1305M322CNFFR0041 and

1305M323PNFFR0083.

The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Market Research

Market research is contained in the NOAA CAO Report “Independent Verification and Validation Of Scripps Institution of Oceanography Seawater System Evaluation and Billing Rates For NOAA facility at the Southwest Fisheries Science Center La Jolla, California” dated 28 March 2014.

The existing SIO seawater system is the only supplier capable of providing continuous flow-through seawater to the SWFSC La Jolla Laboratory. The infrastructure to provide the seawater, including intakes, pumps, piping, valves, filters, storage tanks, and control system is valued at $50 million and is owned by UC Regents. The costs to replace the structure with one owned by SWFSC and the time it would take to construct such a structure would have a significant negative impact on operations.

There are no other sources available to provide the SWFSC with seawater.

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Source Selection Information – see FAR 2.101 and 3.104

6. 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.

Matthew Vogel, Facility Manager Date Southwest Fisheries Science Center

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

7. Approval

This justification is accurate and complete to the best of my knowledge and belief.

Approve

Sandra Caswell Contract Ofing ficer

Date ew Vogel, Facili

02/14/2024

CROFTS.JOHN.AA

RON.1249242388

Digitally signed by

CROFTS.JOHN.AARON.12492423

Date: 2024.02.14 13:23:54 -08'00'