FAR 13 - Sole Source.pdf

U.S. DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration Eastern Acquisition Division Norfolk Federal Building 200 Granby Street, Room 815 Norfolk, VA 23510

BRAND NAME/SINGLE SOURCE DETERMINATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

FOR AN ACTION NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 13.106-1(b)(1))

NFFN7300-20-02398

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Eastern Acquisition Division (EAD) and National Marine Fisheries Service (NMFS) and SEFSC Panama City FL Laboratories

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

One local, registered commercial fishing vessel located in Puerto Rico to conduct a total of 39 days at sea and a provided observer to conduct data collection, camera deployments, and biological sample collection. The work is to be conducted from August 1, 2020 - August 1, 2021.

The estimated value priced at $62,620.00.

3. Identification of the single source to be solicited.

Hector Jose Ruiz Torres

URBAN VALLE HEMOSA ARRYIBA CALLAVE P4

HORMIGUEROS, PR, 00660-0000

(787)691-7410

4. Supporting rationale. Only one source or brand name is reasonably available as detailed below:

□ Other - Only one source is capable This project builds off of previously awarded contracts that Hector Jose Ruiz Torres is either currently conducting or conducted is past years. In order for methods to remain standardized and useable in analysis the videos must be deployed from the same vessels. 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 Government believes that Hector Jose Ruiz Torres is the only source capable of providing the services required at the level of quality required because the entity was awarded the two contracts, one in 2018 and a continuation in 2019 to complete a project that provided building blocks for the current 2020 proposed project. It is absolutely necessary for the contractor to have working relationships with the commercial fishing industry, and the observer program in Puerto Rico, which Hector Jose Ruiz Torres unequivocally does.

For the data collection to remain standardized, the same commercial vessels and observers must conduct the field research each year. The mission would be severely impacted if the requirement is not solicited from this limited source due to several factors including: 1) due to FY19 roll-over funds funding this proposal, funding must be obligated by July 2020, 2) the limited time frame for sampling as peak sampling will occur in August-November 2020, and 2) the legwork required to establish working relationships and licenses for commercial fishing vessels to conduct the scientific work required is both cumbersome and time consuming. The required permits for scientific sampling in Puerto Rico with the Puerto Rico Department of Natural and Environmental Resources are time consuming to acquire and have currently been awarded to the commercial vessels under Hector Jose Ruiz. Additional permitting would exceed our start date, jeopardizing our sampling for the entire project.

5. Market Research.

A detailed search on SAM.gov turned up no other registered entity that has the unique skill set and vast experience that Hector Jose Ruiz Torres at HJR Reefscaping has, including over 17 years of experience, permitting requirements, and a team of highly trained scientists. In addition, Hector JoseRuiz Torres has direct experience with a previous contract awarded to the entity, with this project building off of previously awarded contracts.

**Signatures shall remain on the final page.

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.

6/12/2020 Date

7. Determination

I hereby determine that the circumstances of this action deem only one source is reasonably available. This determination is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

OVERLY.KATHERINE.ELI

Digitally signed by

ZABETH.1516477357

OVERLY.KATHERINE.ELIZABETH.151

6477357 Date: 2020.06.12 09:33:53 -05'00' Fishery Biologist