A16_JOFOC-Over_SAT_CO_1.pdf

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Special Notice of Intent to Sole Source Award
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DOIFFBO240092
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This document is a Justification and Approval for Other Than Full and Open Competition (JOFOC) for a sole source acquisition over the Simplified Acquisition Threshold (SAT). The U.S. Fish and Wildlife Service is seeking to purchase acoustic telemetry equipment and services from INNOVASEA Marine Systems, Inc. on a sole source basis. The justification cites INNOVASEA as the only provider of compatible equipment that can be integrated into the existing Great Lakes Acoustic Telemetry Observation System (GLATOS) network used by multiple agencies. The requirement is for acoustic receivers, transmitters, and related support services that are proprietary to INNOVASEA and cannot be substituted with other brands. The estimated fixed price of the contract is $608,535. The contracting officer will determine the price is fair and reasonable based on previous orders and current pricing. This sole source award is being made under the authority of FAR 13.501 for acquisitions over the SAT threshold but less than $7M.

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FWS Form 3-0051 (Rev. 5/12/2021) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Senior Chief of Contracting Office (>$700K)

Based on the foregoing justification I hereby approve this procurement.

Senior Chief of Contracting Office

16. Approval by Head of Contracting Activity (>$700K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$68M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Head of Contracting Activity

2024-04-01T06:43:41-0500
MARK OLSON
2024-04-01T15:41:04-0400
WILLIAM FLUHARTY
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Check Box3: Yes
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Text3: The Lower Great Lakes, Alpena, and Green Bay Fish And Wildlife Conservation Offices are looking to expand INNOVASEA (formerly Vemco) brand acoustic telemetry work in our field work operations. The results of expanding telemetry work will assist fisheries managers describe the movement patterns and habitat requirements for these species of interest, which will result in improved sampling protocols and the development of targeted rehabilitative actions.
Text4: INNOVASEA is the only company that supplies acoustic receivers/tags to all other agencies/projects participating in the Great Lakes Acoustic Telemetry Observation System (GLATOS) funded by the Great Lakes Fishery Commission. Other company's products are not compatible with the INNOVASEA system, and would therefore not be a part of the Great Lakes wide GLATOS data network for reporting tag detections. Since this project and our current/former projects will be a part of the GLATOS network and will utilize existing INNOVASEA equipment already deployed, it is not possible to use other company's equipment.
Text5: Due to the nature of the acoustic telemetry technology and the equipment being utilized by our offices, and many other FWCOs, there are no other companies capable of providing this equipment. Use of other brands of equipment would be incompatible with our existing equipment it may interfere with equipment already deployed for existing field work.
Text6: The contracting officer will review previous orders and compare to the the current published price list. To determine that the anticipated price is fair and reasonable.
Text7: INNOVASEA is the only company that supplies acoustic receivers/tags to all other agencies/projects participating in the Great Lakes Acoustic Telemetry Observation System (GLATOS) funded by the Great Lakes Fishery Commission. Other company's products are not compatible with the INNOVASEA system, and would therefore not be a part of the Great Lakes wide GLATOS data network for reporting tag detections. Since this project and our current/former projects will be a part of the GLATOS network and will utilize existing INNOVASEA equipment already deployed, it is not possible to use other company's equipment.
Text8: Vemco monitoring receivers and coded transmitters are only warranted to operate with

Vemco products. All Vemco support services including study advice, data analysis, VR2W Positioning System (VPS) data analysis, false detection analysis, determining foreign ID tag ownership etc., can only be provided to users with datasets generated using the complete Vemco acoustic telemetry system as we are unable to validate nor analyze detection files from other manufacturers’ receivers or transmitters.

Claims of compatibility by manufacturers with “knock off tags” are false. Use of knock off transmitters may interfere with other Vemco based studies and thus threatens the integrity of thousands of on going research studies globally.

Text9: INNOVASEA
Text10: The proprietary nature of acoustic telemetry equipment and the importance of compatibility with our existing equipment prevents use of other brands.
Text2: Approval is being requested for a supply purchase. This contract is for the brand name INNOVASEA. The estimated fixed price of this contract is $608,535.00
Text1: U.S. Department of the Interior, U.S. Fish and Wildlife Service, Region 3, Regional Office

Signature5:

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