B01-Sole_Source_Justification_1.pdf

Department of the Interior Bureau of Safety and Environmental Enforcement

SOLE SOURCE JUSTIFICATION

FAR Subpart 13.5 - For Certain Commercial Items

(Mandatory for Acquisitions > SAT) (Optional for Acqs. SAT)

1. Bureau and Contracting Activity [FAR 13.501(a)(1)(ii) and 6.303-2(b)(1)]

3. Requisition No.

4. Cost Estimate (including options)[FAR 6.303-2(b)(3)]

5. Name of Proposed Source(s)

6. REQUESTING OFFICE CERTIFICATION

I certify that this recommendation contains the information required by FAR 13.501(a)(1)(ii) and 6.303-2(b) and its contents are accurate.

Date:Phone No:Signature:Requesting Office Rep. (Name &Title)

7. ACQUISITION OFFICE CERTIFICATION

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

Signature: Phone No: Date:Contracting Officer (Name)

This acquisition is being conducted by the Department of Interior (DOI), Office of Acquisition and Property Management for a study developed by the Bureau of Ocean Energy Management (BOEM), Office of Environmental Programs (OEP), Environmental Sciences Division (ESD).

2. Description of Supplies or Services [FAR 13.501(a)(1)(ii) and 6.303-2(b)(3)] DOI intends to award a purchase order to EcoQuants LLC for the Environmental Sensitivity Study for the National Oil and Gas Program: Phase 2 (NT-25-x12). The study will develop offshore Environmental Sensitivity Indices (ESIs) and corresponding spatially explicit interactive mapping products for each of BOEM’s Outer Continental Shelf (OCS) Planning Areas. The study will inform BOEM's National Oil and Gas Leasing Program with updated models of environmental sensitivity to BOEM's activities, a valuable tool to minimize impacts and maximize energy production. The period of performance is anticipated to be four years.

EcoQuants LLC

UEI: L7Y1KBPK2UK3

1609 Oak Avenue Manhattan Beach, CA 90266-5033

Identify the authority being used to justify a sole source acquisition [FAR 13.501(a)(1)(ii)]. Refer to block number 10 for justification details.

8. Section 4202 of the Clinger-Cohen Act of 1996 .

9. 41 U.S.C. 428a - Services Acquisition Reform Act of 2003.

10. JUSTIFICATION (Attach additional pages if needed)

(a) Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)]. [Prepared by Program Office]

(b) Describe the efforts taken to ensure offers were solicited from as many potential sources as is practicable, including whether a Government-wide point of entry (GPE) notice was or will be published as required by FAR 5.2 and, if not, which exception under FAR

5.202 applies. [FAR 6.303-2(b)(6)]. [Prepared by Program Office]

A pre-solicitation notice will be published announcing the Government's intent to issue a sole source purchase order.

Alternative vendors who believe they can meet the Government's requirement will be able to submit its capabilities for Government review and consideration. In addition, this justification will be published to ensure that the public is aware of the intended award. Consequently, full and open competition is not planned for this effort.

This acquisition for the Environmental Sensitivity Analysis for the National Oil and Gas Program: Phase 2 (NT-25-x12) is a continuation of work initiated under Purchase Order 140M0123P0018 with EcoQuants LLC for the Environmental Sensitivity Model project (NT-23-03), identified as the critical initial phase (Phase 1). Under the Phase 1 contract, EcoQuants LLC was responsible for developing updated offshore Environmental Sensitivity Indices (ESIs) and corresponding spatially explicit interactive mapping products for BOEM's Outer Continental Shelf (OCS) Planning Areas, which directly support OCSLA Section 18 environmental assessments. The scope included developing a strategic framework for data acquisition, ESI model development, and interactive geospatial tools and products, as well as a plan to create a multi-use decision support dashboard. As the contractor currently performing this foundational development work in Phase 1, EcoQuants LLC uniquely possesses the detailed knowledge and technical expertise regarding the specific methodologies, data integration approach, and geospatial tools being built. (Continued attached)

10. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(c) Demonstration that the anticipated cost to the Government will be fair and reasonable [FAR 6.303-2(b)(7)]. [Prepared by Contracting Officer]

(d) Describe the market research conducted and the results or a statement of the reason market research was not conducted. [FAR

6.303-2(b)(8)]. [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

The Government will obtain sufficient pricing details from the intended source to allow for a thorough price analysis to ensure pricing quoted under this effort is fair and reasonable. The Government may use the following technique to determine price reasonableness: published market pricing, comparison to the Independent Government Cost Estimate (IGCE), and pricing information from the quoter.

The Program Office conducted market research to identify potential sources capable of meeting the requirement. Market research specifically aimed to identify sources capable of continuing the precise development, implementing the established framework, and utilizing the specific tools and methodologies from 140M0123P0018. The results of the market research confirmed that no other potential source possesses the unique, in-depth knowledge and technical foundation acquired and developed by EcoQuants LLC during the crucial Phase 1 effort. Requiring a new contractor to gain this detailed understanding of the existing framework, models, and tools would necessitate significant time, expense, and duplication of effort, thereby impacting the timely and effective completion of this critical study needed to inform BOEM's National Oil and Gas Leasing Program and comply with OCSLA Section 18(2)(G)1. As a result, the market research concluded that EcoQuants LLC is uniquely qualified to proceed with Phase 2 due to their exclusive prior development work and detailed familiarity with the project's current state and specific requirements. No other entity had the capability to meet the study requirements.

10. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(f) List sources, if any, that expressed, in writing, an interest in the acquisition. [FAR 6.303-2(b)(10)]. [Prepared by Program Office]

(g) Statement of the actions, if any, the agency may take to remove or overcome any barriers that led to competition before any subsequent acquisition for supplies and services. [FAR 6.303-2(b)(11)] [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

(e) Any other facts supporting the use of a sole source acquisition. [FAR 6.303-2(b)(9)]. [Prepared by Program Office]

This acquisition for the Environmental Sensitivity Study for the National Oil and Gas Program: Phase 2 (NT-25-x12) is a direct and essential continuation of the foundational work performed by EcoQuants LLC under Purchase Order 140M0123P0018 for the Environmental Sensitivity Model project (NT-23-03). While that initial phase (Phase 1) focused on developing the strategic framework, methodologies, and plans, EcoQuants LLC uniquely designed and began building the innovative technical coding pipelines and product development infrastructure required for this complex environmental analysis. Specifically, EcoQuants developed the approach for creating scalable and easily expanded ESI methodologies, designed a mapped weighted perspective approach for evaluating ecological sensitivity, and laid the groundwork for critical geospatial tools and products, including a publicly available web-based tool to map sensitivities and constraints, and a plan for a multi-use decision support dashboard and interactive application. Their commitment to providing reproducible R code to GitHub further demonstrates a unique, high-level technical approach focused on transparency and scientific validity. (Continued attached)

No other sources have expressed interest in this acquisition to date.

BOEM OEP ESD will reassess its future needs for this requirement at the end of the period of performance of the anticipated purchase order and accordingly, review the marketplace for other vendors who have the capabilities to meet the study requirements.

APPROVALS [FAR 6.304]

12. Competition Advocate (Name & Title)

APPROVE

DISAPPROVE

(Phone No.)

(Date)

13. Head of the Contracting Activity (Name & Title)

(Date)

(Phone No.)

(Signature)

(Signature)

(Signature)

APPROVE

DISAPPROVE

14. Departmental Senior Procurement Executive (Name & Title) APPROVE

DISAPPROVE

(Phone No.)

(Date)

O ve r $7

,0

O ve r

$1 m ill io n

O ve r $7 m ill io n

(Signature)11. Chief of the Contracting Office (Name & Title)

APPROVE

DISAPPROVE

(Phone No.)

(Date)O ve r

SA

T

INSTRUCTIONS FOR COMPLETING FORM

Block No.

Identify Bureau initiating the requirement and Acquisition Office processing the requirement.

- Bureau of Safety and Environmental Enforcement (BSEE), or Bureau of Ocean Energy Management (BOEM)

Provide a clear, concise description of the product(s) and/or service(s) to be procured, including the delivery schedule and/or the period of performance (including all option periods). Always include the estimated value in Section 4 below.

This provides the reviewing and approving official with a better understanding of the scope, magnitude, and complexity of the requirement.

4 Include all applicable options and system life-cycle costs.

Include more than one source as a proposed vendor. For example, if the procurement is based on an urgent need, you must still contact as many potential sources as is practicable unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances to solicit additional sources.

6 & 7 Obtain certification from the requesting office and contracting officer prior to submitting for approval.

8-9 Check the box next to the justifying authority. Only one authority can be cited.

10(a)

Provide an explanation of the contractor's unique qualifications or the nature of the acquisition that requires the use of the statutory authority cited. This is the most important part of the justification because it demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise that is not prevalent in the marketplace. Also, explain what unique qualifications and special capabilities the contractor possesses. Unique qualifications and expertise is defined as knowledge that is currently very limited within the marketplace; there is only one company or individual that has the expertise to provide the product or perform the required services.

10(b)

If the requirement was not publicized, explain why it was not publicized. When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or required documentation. See FAR 5.102(a) (6) for the requirement to post the brand name justification. The justification should normally be prepared after the requirements notification is posted on Federal Business Opportunities, to allow the requirements office an opportunity to examine the results of industry inquiries and reach a conclusion concerning the potential degree of competition. If the justification is staffed prior to satisfying the synopsis requirement, state the reasons why this was done after the justification was processed. This paragraph should provide a description of the type of action, i.e., purchase and/or delivery order, task orders, and estimated quantities. This section should also include a description of the efforts by the program office and contracting office to ensure that offerors are solicited from as many potential sources as possible.

10(c)

Provide a narrative of the measures performed by the contracting officer to ensure that the costs and/or prices will be fair and reasonable before negotiations commence. In addition, provide the methodology used in the market research analysis that supports a determination of fair and reasonable costs/prices. Provide any information, such as commercial pricelists or prior acquisition history that will help the contracting officer determine that the anticipated cost is fair and reasonable.

INSTRUCTIONS FOR COMPLETING FORM

Block No.

10(d)

Issuance of a synopsis as required in FAR Part 5 does not satisfy the requirement to conduct a market survey. A survey can include announcements in trade journals or telephone surveys with interested/knowledgeable individuals in or out of government. Market research requires collecting and analyzing product/service information on the technical capabilities and prices/costs within the marketplace to satisfy agency needs. If market research was not conducted, the reasons it was not conducted should be stated. Since this is a sole source acquisition, the only possible way to state that there is only one contractor who can fulfill the agency's needs, is to conduct market research and it must be summarized here.

10(e)

Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

-When FAR 6.301-2 is cited for follow-on acquisitions as described in 6.302-1(a) (2) (ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

-When FAR 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

10(f)

Include a listing of the sources that expressed written interest in the acquisition. If applicable, clearly state "To date, no other sources have expressed an interest in writing." [Also state that the notices required by FAR 5.201 shall be/have been published and any proposals received shall be considered. If a FedBizOpps notice will not be published, state which exception in FAR 5.202 applies.

10(g)

Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the item/service or brand name item(s), including challenges to restrictive data markings, data rights, preparation of a performance based work statement, etc. If planning a competition, include the estimated date when the competitive procurement will occur. If competition is not planned, state so and provide the appropriate justification. Include written responses to synopsis announcements and other expressions of interest. All responses must be addressed prior to the approval of the justification. State the reasons why it is sole source. If this is a follow-on procurement, state the measures initiated to eliminate or reduce competitive barriers.

11-14 If any person required to sign-in these blocks does not approve, the procurement shall not proceed any further and the justification shall be returned to the requisitioner through the contracting officer. All signatures required on the form (as applicable to the particular acquisition) must appear in order for the procurement to proceed.

Sole Source Justification (Continued)

(a) Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)]. [Prepared by Program Office]

Their key personnel, Benjamin D. Best, PhD, is designated as the Project Manager / Environmental Scientist for this ongoing effort. Conducting Phase 2, which focuses on continued development of the actual ESIs and mapping products based on the framework and tools established in Phase 1, requires seamless continuity and deep understanding of the specific systems and methodologies already under development. Transitioning to a different contractor for Phase 2 would necessitate significant effort and potential duplicate costs for a new entity to acquire the detailed understanding and familiarity with the specific framework, models, and tools that EcoQuants LLC is actively developing, thereby jeopardizing timely completion and potentially hindering BOEM's ability to meet its OCSLA obligations related to environmental sensitivity assessments. Therefore, EcoQuants LLC's unique position as the developer of the Phase 1 foundational work makes them the only source capable of efficiently and effectively completing the Phase 2 study.

(e) Any other facts supporting the use of a sole source acquisition. [FAR 6.303-2(b)(9)].

[Prepared by Program Office]

Phase 2 is the next step in the critical implementation stage where these specific, custom-built frameworks, methodologies, and tools are applied to generate updated offshore Environmental Sensitivity Indices (ESIs) and spatially explicit interactive mapping products required for all 27 OCS Planning Areas. Because EcoQuants LLC was responsible for developing these precise, project-specific technical assets and data integration approaches in Phase 1, they possess an unparalleled and intimate knowledge of their architecture, functionality, and underlying data structures. Leveraging EcoQuants' existing technical foundation, methodologies, and understanding of the specific tools already under development will significantly expedite the delivery of the critical environmental sensitivity data and products needed to inform BOEM's ongoing National Oil and Gas Program planning and lease sale decisions, which operate under specific statutory and administrative timelines required as early as calendar year 2025. Transitioning this work to a different contractor would necessitate substantial time and cost for the new entity to acquire the same level of detailed technical understanding of the specific pipelines, tools, and framework developed by EcoQuants, resulting in delays that would jeopardize the timely provision of essential environmental information required for OCSLA Section 18 compliance and program execution within the necessary timelines. Therefore, EcoQuants LLC's unique role as the developer of the project's core technical infrastructure makes them the only source capable of efficiently and effectively completing this crucial Phase 2 study within the required timeframe.