3 JEFO NRMAH000-20-00846.pdf

Version 3.0

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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

Purchase Request NRMAH000-20-00846

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. One of the priorities is using Unmanned Surface Vehicles (USV) to observe the environment under Tropical Cyclone (TC) conditions. For this, it is necessary to test the extent to which the new USV wing designed for TC survivability and the standard sensors may work as expected under TC wind-wave conditions. This mission will perform such a test in the environment of North Pacific winter storms, which can be comparable to that of TCs.

The surveys are scheduled to occur between November 2020 and March 2021. In order to allow for planning and post-survey analysis, the period of performance will be one year from date of award, with no option periods. The estimated value is $295,000.00, which is consistent with the funding profiles the center has submitted in its request for approval of the project.

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. USVs are emerging advanced survey technology that are not readily available on the market. Saildrone is the only ProTech vendor with a current fleet of USVs that are capable of completing an acoustic survey and providing PMEL the data it needs to complete its mission.

In spring of 2019, the ProTech Program Management Office (PMO) conducted a capability analysis among Fisheries Domain vendors to determine which vendors are capable of performing this work. The analysis identified three potential vendors based on their general

(Insert Contract/Order number) capabilities within the Field Sampling, Data Collections, and Surveys task area of the base IDIQ’s scope of work.

In June 2020, the Contracting Officer conducted supplemental market research, including discussions with the Protech PMO, and determined that no other ProTech vendors have added USV technology.

Because the base IDIQ does not contain sufficient detail addressing USVs specifically, the PMO issued a sources sought notice to the Fisheries vendors to request a more detailed response addressing the particular requirements of the draft work statement. Four vendors submitted capability statements, but none had a current fleet of capable USVs.

This confirms that Saildrone is still the only ProTech vendor capable of providing USV surveying services.

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 North Pacific Winter 2020-2021 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.

8. Technical/Requirements Representative Certification.

I certify 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.

Ben Carlson Date

PMEL COR

(Insert Contract/Order number)

9. Office of General Counsel Concur.

Concur

Rebecca Jacobsen Date Office of General Counsel

10. Approving Official Determination of Circumstance Applicability.

In accordance with FAR 16.505(b)(2)(ii)(B)(10), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this order.

Contracting Officer’s Certification and Approval

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

Approve

Darrin Moore Date

Contracting Officer