JOFOC MacGregor USA.pdf

Version 3.0

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

(PR NM-AN0000-23-00148)

1. Agency and contracting activity. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD), and Office of Marine and Aviation Operations (OMAO), and Marine Operations Center

(MOC).

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

The OMAO has a requirement for technical support services and parts as needed for the mission trawl winch systems on NOAA vessels which include the Oscar Dyson, Henry B. Bigelow, Pisces, Bell M. Shimada, and the Reuben Lasker. The Government intends to award a sole source Indefinite-Delivery Indefinite-Quantity (IDIQ) contract, on a firm fixed price basis to MacGregor USA, the Original Equipment Manufacturer (OEM) of these systems.

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

NOAA requires an IDIQ contract with MacGregor USA, the OEM of trawl systems on NOAA vessels as identified above in Section 2. MacGregor USA will provide annual system grooms, which shall include inspection and testing of all portions of the ships’ installed trawl winch systems by a qualified OEM MacGregor technician. The technician is to complete maintenance actions such as minor electrical repairs, minor mechanical component change outs and basic maintenance actions such as but not limited to the calibration of block load cells and trawl winch tension calibration. The IDIQ shall provide pricing for all technical support, calibration services, and parts on an as needed basis. Technical support services are to include both annual and as needed system grooms, maintenance, and repairs. This work is intended to support all NOAA vessels listed above in Section 2 that contain these trawl winch systems. NOAA intends to award an IDIQ contract with five (5) one

(1) year ordering periods.

NOAA currently procures these services and parts on a sole source basis under IDIQ

1305M218DNMAN0011.

The Independent Government Estimate (IGE) for this requirement is.

4. Statutory authority permitting the sole source (including brand name) acquisition.

✔ 41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

PR NM-AN0000-23-00145

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source MacGregor USA is the OEM of their trawl winch systems and all of its integrated component systems. This includes all mechanical, electrical, hydraulic, calibration, programmable logic drives, balancing systems, and level wind blocks. Efforts to ensure mission handling systems are calibrated and functional for field season can only be accomplished by the OEM. The winch mission system, a component system of MacGregor’s trawl winch system, is a highly specialized, integrated system. This integrated system has winches, sensors, computers, gears, blocks, algorithms, displays, and controls that function together. These systems deploy and retrieve data packages, sense loads, rate of deployment, depths, provide interactive displays, and react to changing loads to prevent damage. They are the only firm that is capable of calibrating, updating, repairing, and inspecting the system performance. Furthermore, they have no authorized resellers of their parts or repair services for this function.

This is an American Bureau of Shipping (ABS) approved system. The system was designed, reviewed, inspected, and tested to ensure safe and efficient operation of the trawl winch systems.

Any modification to a finely tuned system by a source other than the OEM may result in an instability that could lead to systems failure and OMAO mission failure. Failure of the mission handling systems due to improper maintenance or repairs, especially when the vessels are at sea, could result in loss of life or limb, or the total loss of the vessel.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A notice of intent to sole source was posted in SAM on January 27, 2023 with a closing date of February 10, 2023.

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

The price will be determined fair and reasonable based on FAR 13.106-3(a) Basis for award. This will include a comparison to an IGE and historical prices for work of similar scope that were previously determined to be fair and reasonable.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted to see if MacGregor USA has authorized sellers or representatives. MacGregor USA provided a letter certifying that they have no authorized resellers, and that only MacGregor USA service technicians and mechanics are authorized to service or repair their proprietary OEM equipment.

9. Any other facts supporting the use of a sole source (including brand name), such as:

All supporting facts have been documented herein.

10. List of the sources that expressed a written interest in the acquisition.

S&B Marine Technical, LLC responded to the intent to sole source, however they are not an authorized reseller or authorized to service or repair the OEM equipment of MacGregor USA. No other sources have expressed an interest in this acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. Due to the proprietary nature of these systems, the Government cannot overcome barriers to competition in regards to maintenance and repairs of the current systems. The Government will continue to monitor the marketplace for authorized resellers and authorized repair facilities for these proprietary systems.

12. 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.

Date

Chief, Marine Engineering Branch

13. Office of General Counsel Concurrence

Concur:

Date

14. Contracting Officer�s Certification and Approval I certify this justification is accurate and complete to the best of my knowledge and belief.

15. NOAA Competition Advocate Approval:

Date

Approve

NOAA Competition Advocate and

Director, Acquisition and Grants Office