29 NR-MAH000-22-00888_JEFO.pdf

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JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 16.505(b)(2)(i))

Purchase Request NR-MAH000-22-00888

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD), and Pacific Marine Environmental Laboratory

(PMEL).

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

This is a justification for an exception to fair opportunity for a new order under the NOAA Professional and Technical Support services Fisheries Domain Indefinite Delivery/Indefinite Quantity multiple award contract. (ProTech Fisheries). This will be a firm-fixed price order to Saildrone under contract 1305M418DNFFK0006.

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

The Pacific Marine Environmental Laboratory (PMEL) is investigating the use of advanced technologies to increase our understanding of the physical processes for high-impact extreme events. This 90-day mission from Hawaii to the equator, 155W in spring and summer 2023 will be the third TPOS mission funded through the project “Uncrewed Surface Vehicles (USV) as a research and operational platform for the Eastern Tropical Pacific”. The 2023 TPOS mission, in collaboration with Dr. Réka Domokos of NOAA National Marine Fisheries Service (NMFS) Pacific Islands Fisheries Science Center (PIFSC) Ecosystem Services Division (ESD), will explore the value and feasibility of combining physical and fish biomass surveys from Hawaii islands to the tropical Pacific along 155W, east of the dateline. The focus will be on boreal spring and early summer. This is the time when all forecast models experience the largest uncertainty, the so-called Spring Predictability Barrier of El Niño-Southern Oscillation (ENSO) forecasts.

The surveys are scheduled to occur between February 2023 and November 2023. In order to allow for planning and post-survey analysis, the period of performance will be one year from date of award, with one (1) option periods.

4. Authority and supporting rationale. The contracting officer has determined the circumstances of the acquisition meet the following statutory exception under FAR 16.505(b)(2)(i) as supported below:

Only one awardee is capable - FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. Saildrone was awarded the previous contract for PMEL and set the baseline for USV technology and data collection. In order to maintain the technological continuity for mission success the TPOS of this requirement the data collection and technology must be the same.

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

The base ProTech awards did not establish pricing for this service, so, in accordance with FAR 16.505(b)(4), the Contracting Officer will conduct a price analysis to determine that the anticipated cost will be fair and reasonable.

6. Any other facts supporting the justification.

All supporting facts have been documented herein.

7. Actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

This is a limited award for the Tropical Pacific Observing System 2023 survey. Prior to any future activities or studies related to USVs, new market research within the ProTech pool will be conducted to determine if additional vendors are capable of performing the work.