NF-FFS7300-21-02000 UAS IDIQ_JFOC redact.pdf

Version 3.0

SOLE SOURCE JUSTIFICATION (SSJ)

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD (SAT)

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(b))

Purchase Request #: NF-FS7300-21-02000

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO) Western Acquisition Division (WAD) and NMFS Alaska Fisheries Science Center (AFSC) Marine Mammal Laboratory (MML).

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

NOAA, National Marine Fisheries Service’s (NMFS) Fund Management Center (FMC) intends to award a sole source contract to Aerial Imaging Solutions, LLC (AIS) for the maintenance, repair, and training of Aerial Imaging Solutions uncrewed aircraft systems (UAS). A follow-on firm fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) contract is contemplated for award.

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

This requirement is to provide maintenance and repair of, and pilot training for, AIS UASs at NMFS FMCs

. The period of performance is for a one-year Base Period and four one-year Option Periods.

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) as implemented by the Federal Acquisition Regulation (FAR) Subpart 13.501(b), entitled, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements.

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).

41 U.S.C. 1903, using SAP up to $15M for contingency operations as authorized by FAR 13.500(c) and implemented by FAR 13.501(a).

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 – AIS is the only source capable of providing the supplies or services required at the level of quality required because the supplies and services are unique and highly specialized. AIS is the only manufacturer of AIS UAS systems, which are not sold through distributors. These UASs are proprietary and thus repair, maintenance, and upgrade services can only be completed by AIS. They are the only source of manufacturer-led pilot training for AIS UASs, which is not licensed to other vendors (see vendor’s sole source statement dated May 17, 2021).

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.

Market research was performed in accordance with FAR part 10. Responses to email inquiries to drone companies regarding repair and training of AIS UAS’s revealed that no vendor was capable of providing AIS UAS repair and training services to support NOAA’s requirement. Although these drone companies provide drones, the additional expense to procure and train users on new UASs is not in the program’s best interest.

As required by FAR 5.102(a)(6), a notification stating an intent to negotiate a sole source contract will be posted on Beta.SAM.gov. Any responses received from the notification will be taken into consideration by the Government. A redacted JOFOC will be posted on Beta.SAM.gov.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on a comparison with the independent government estimate (IGE) and market prices for similar items. Prior to award of the proposed contract, price information shall be obtained from the contractor and fair and reasonable prices will be evaluated in accordance with FAR 13.106-2, and documented to sufficiently determine that the proposed acquisition is the best value to the Government.

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 in April 2021 by NMFS and the Western Acquisition Division (WAD) to identify available sources and to evaluate the availability of the marketplace to meet the requirement.

The following techniques were used:

a) Personal and programmatic knowledge in procuring services of this type;

b) Historical acquisition information (review of recent market research results for similar or identical services);

c) Review of government databases; and,

d) Review of internet resources.

Internet, GSA elibrary, Dynamic Small Business Search (DSBS) and responses to emails requesting vendor capabilities indicated no sources capable of providing these types of services on AIS UASs.

Personal and programmatic knowledge as well as historical acquisition information revealed that only AIS is capable of providing these services since the company does authorize any third-party sellers, repair centers or training facilities and UASs are proprietary models. Additionally, AIS has performed satisfactorily on the same or similar services.

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

AIS drones are specifically designed to for obtaining aerial still and video images in remote locations.

NOAA FMCs use AIS drones to support stock assessment missions in remote locations. Currently, a total of at least 36 AIS systems comprising of seven different models are used by four different NMFS Science Centers, and there are at least 20 certified pilots on AIS platforms. AIS possesses the specialized capabilities to repair, maintain, upgrade, and train pilots on AIS UASs. These services are required to maintain the continuity of data to support NOAA NMFS critical mission requirements and all supporting facts have been documented herein.

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

None

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.

The Government will continue to conduct thorough market research to gauge company capabilities and seek competition for future UAS requirements.

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

Brian Fadely, PhD Research Wildlife Biologist, AFSC

13. Office of General Counsel Concurrence

Concur

James Rhodes, Attorney-Advisor Date Office of General Counsel

14. Contracting Officer’s Certification and Approval

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

Mona Ash Date Contracting Officer, AGO WAD

ASH.MONA.M.1231286

Digitally signed by

ASH.MONA.M.1231286574

Date: 2021.06.11 07:52:48 -07'00'