182187_JA_Redacted.pdf

DEPARTMENT OF THE NAVY

N AV A L U N D E R S E A W AR F AR E C E N T E R D I V I S I O N

1176 H o w e l l S t r eet

N E W P O R T R I 028 41 - 1708

I N R E P L Y R E F E R T O :

J&A Number: 18062.0 Control #:182187 P.R. Number:1300711251

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION UNDER FAR

13.5, SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Undersea Warfare Center Division, Code 02, Newport, RI.

2. Description of the Action Being Approved

Award of a one-year firm fixed price services contract on a sole source basis to Marine Ecology and Telemetry Research (MarEcoTel).

3. Description of Supplies/Services

In-service support services, including marine mammal tagging, photo identification assessments and population dynamic analyses of target species. This includes conducting vessel surveys in coordination with the Naval Undersea Warfare Center’s Marine Mammal Monitoring on Ranges team and the Southern California Offshore Range (SCORE), with the intent to locate, identify, photograph, and tag Cuvier’s beaked whales and fin whales with effort focused on the Southern California Antisubmarine Warfare Range (SOAR). This will include analysis which builds on long term studies as well as supporting updated population estimates.

Total estimated contract value: $

NCH 53.6-2 (MAR 2013)

NCH 53.6-2

Estimated Dollar Value

FY18/TOTAL

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1); only one responsible source.

5. Rationale Justifying Use of Cited Statutory Authority

As detailed further below, these services may properly be acquired per FAR 6.302-1(2)(iii). The requirements are highly specialized services from the original contractor for which an award to any other source would result both in an unacceptable impact to schedule that would result in unacceptable delays and a duplication of costs which could not be recovered through competition.

Highly Specialized Services

Tagging marine mammals at sea is a dangerous task that requires a highly specialized skill set. Approaching whales closely in small boats to safely and effectively attach tags requires not only the proper permits, but also extensive experience.

a. Permits

Permits to tag whales are obtained from the National Marine Fisheries Service (NMFS). Those permits are usually species and area specific. Obtaining a permit takes time and NMFS only gives out a limited number for any species / region. The requiring department estimates that obtaining a permit for the specific area and species of import here would take approximately 12 to 18 months. While there are a few other permits held for Southern California waters, those researchers are focused on blue whales to the north of San Clemente or gray whales inshore along the coast. The requiring department verified that MarEcoTel already has permits for the species and locations of interest under this requirement, and that those permits are expected to be valid for the anticipated term of the contract.

b. Specialized extensive experience

Two general types of tags are utilized; satellite tags deployed using a dart gun and larger data recording tags (DTAGs) attached to the animal using a long pole. Only a handful of individuals world-wide are proficient in either type of tag as each one represents a different skill set. The two types of tags provide different information. The dart tags are used to track long term movement, while the DTAG records details of animal behavior while submerged. Both data sets are required for a complete assessment of the long-term health and population trends of the targeted species. MarEcoTel personnel are unique in being experts at deploying both types of tags.

If the Government were to issue separate requirements for deploying the two types of tags, it would be much more expensive based on the operational costs associated with putting multiple vessels in the required area to deploy the different tags.

Additionally, MarEcoTel personnel have twelve years of experience performing this work from small boats based on San Clemente Island (SCI), venturing far offshore under the direction of the Range Operations Center at SCORE. To meet program requirements, the vendor must have experience working on SCI since in order to operate effectively at SOAR, 70 miles off the California coast, the boat must be based on the island.

This experience must include operations in Wilson Cove. The vendor must be versed in all SCI safety and communication protocols, have experience in the launch and recovery of vessels in Wilson Cove, be proficient in SCI vessel refueling, and be knowledgeable in SCI vehicle operating procedures. In addition, the vendor must be Navy Region Southwest ground access certified, as travel across SCI during tag recovery may require access to off-road areas where unexploded ordinance are a danger. The vendor must have small boat experience working on SOAR . In addition, the vendor must provide and maintain a local uplink receiver on SCI, and therefore must understand both the facilities and system integration requirements on SCI. This level of experience constitutes a requirement because the operational environment in these areas, , creates a high safety risk. With these capabilities, the safety risk is significantly lower than fulfilling this requirement with a contractor that does not possess this experience. Furthermore, having this level of experience increases the likelihood of successful tagging of species despite the challenges of the operational environment and weather risks often seen in performing in this area.

as opposed to suction cups found on standard DTAGs. It provides both fine-scale movement and dive profile data which makes it suitable to meet the government’s requirement. To date, less than six of these tags have been deployed in the field, including two on Cuvier's beaked whales at SCORE in March 2018. The analysis of these tag data is a critical part of the proposed contract is under congressional mandate to provide data specifically on Cuvier’s beaked whales. MarEcoTel also has the software required to analyze dart attached archival and satellite tags including the newly develop GPS tag.

No other vendor possesses the unique combination of the proprietary data set, custom software tools and tag expertise. As a result, no other vendor can provide the same level of analysis.

Unacceptable Delays

The government estimates it would take 18 to 24 months for an alternate contractor to obtain the skills, training, and experience required to provide the requested services. The basis for this estimate is that field sessions typically occur

, and a minimum of three or four sessions would be necessary to provide the most basic level of knowledge to operate at SCORE. A delay of 18 to 24 months in receiving requirement to provide marine mammal data and analysis as mandated by the terms of its Marine Mammal Protection Act permit. Failing to meet this commitment could endanger the wildlife the Act is intended to protect and also could result in legal action potentially inhibiting the monitoring and analysis work to commence as soon as possible. The data accrued in the near term under this requirement will be utilized in the 2018 monitoring report scheduled to be published in January 2019. Data acquired after that will feed the 2019 monitoring report. To avoid delay and mission impacts, it is in the best interest of the government to solicit and award this requirement on a sole source basis to MarEcoTel.

Duplication of Cost

As indicated above, another contractor would require three or four field sessions over the course of two years to gain the basic level of knowledge to operate at SCORE.

Therefore, this requirement should be solicited and awarded on a sole source basis to MarEcoTel.

6. Description of Efforts Made to Solicit Offers from as

Many Offerors as Practicable

The proposed contract was synopsized via posting on the Federal Business Opportunities website on 19 July 2018 in accordance with FAR 5.203(a)(2). That synopsis stated the intention of Naval Undersea Warfare Center Division, Newport to award a contract on a sole source basis to MarEcoTel. The synopsis stated that all responsible sources could submit a capability statement for consideration by the Government. No responses were received within 15 days of the posting of the sources sought synopsis. If a responsible source submits a capability statement for consideration by the Government through the date of contract award, it will be brought to the attention of the authority one level above the Contracting Officer.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine that the anticipated cost to the Government for the services covered by this J&A will be fair and reasonable. The Contracting Officer will use a series of techniques to make a fair and reasonable determination.

8. Actions to Remove Barriers to Competition

For the reasons identified in section 5 above, no other company currently possesses the capability to perform this requirement.

If a new requirement is identified, renewed market research will be conducted to determine whether or not responsible and capably contractors are available and an appropriate determination will be made at that time.