NF-FR7100-22-02411 Exception to Fair Opportunity for SAM.pdf

Version 3.0

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 16.505(b)(2)(i))

Purchase Request Number: NF-FR7100-22-02411

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

Office (AGO), Western Acquisition Division (WAD) and National Marine Fisheries Service (NMFS) Southwest Fisheries Science Center (SWFSC).

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

This is a justification for an exception to fair opportunity for a new order under the NOAA Professional and Technical Support Services Fisheries Domain Indefinite Delivery/Indefinite Quantity multiple award contract. (ProTech Fisheries). This will be a firm-fixed price order to Saildrone under contract 1305M418DNFFK0006.

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

SWFSC is investigating the use of advanced technologies to enhance its mission. This includes comparison and additional coverage using Unmanned Surface Vehicles (USV) in conjunction with a traditional survey. This will be conducted during the Summer 2023 California Current Ecosystem (CCE) on NOAA Ship Reuben Lasker. Multiple USVs are required to conduct survey operations and collect data on designated survey transects. Results from the two methods will be analyzed to determine if the multiple USV method is comparable or better and adds significant value to survey estimates of fish biomass that inform stock assessments. This project is a follow-on of the successful pilot projects testing the acoustic systems and navigation of autonomous USVs for survey operations, and comparing data from autonomous USVs with that from NOAA ships.

The surveys are scheduled to occur between July and September, 2023. In order to allow for planning and post-survey analysis, the period of performance will be from date of award through December 31, 2023. The estimated value is $492,450.00, which is consistent with the funding profiles the center has submitted in its request for approval of the project.

4. Authority and supporting rationale. The contracting officer has determined the circumstances of the acquisition meet the following statutory exception under FAR 16.505(b)(2)(i) as supported below:

Only one awardee is capable - FAR 16.505(b)(2)(i)(B) – Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. USVs are emerging advanced survey technology that are not readily available on the market. Saildrone is the only ProTech vendor with a current fleet of USVs that are capable of completing an independent acoustic survey and providing SWFSC the data it needs to continue to enhance its ability to meet its mission using enhanced technologies.

NF-FR7100-22-02411

The ProTech Program Management Office (PMO) has conducted a capability analysis and assisted with market research on multiple sole source awards to Saildrone since the Fisheries Domain was awarded in 2018. Most recently, in June 2021, the Fisheries Project Management Office issued a sources sought notice to ProTech vendors, and determined that no vendors have added a fleet of capable USVs since contract award. Supplemental market research conducted in June 2022, including research of similar contracts issued in the past year and internet searches of ProTech companies, confirmed that no ProTech vendors are capable of providing the needed USV survey services.

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

The base ProTech awards did not establish pricing for this service, so, in accordance with FAR 16.505(b)(4), the Contracting Officer will conduct a price analysis using the policies and methods in FAR Subpart 15.4 to determine that the anticipated cost will be fair and reasonable.

6. Any other facts supporting the justification.

The 2022 summer survey award was issued on a sole-source basis, with a justification posted on SAM.gov on June 23, 2002 in accordance with FAR 16.505(b)(2)(ii)(D), and the agency received no responses or comments. In accordance with FAR 10.002(b)(1), the agency is relying on market research performed within the past 18 months because the information is current, accurate, and relevant.

7. Actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

This is a limited award for the 2023 survey. Prior to any future activities or studies related to USVs, new market research within the ProTech pool will be conducted to determine if additional vendors are capable of performing the work.

8. Technical/Requirements Representative Certification.

I certify 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

Fisheries Resources Division

9. Office of General Counsel Concur.

Date

Concur

Office of General Counsel

NF-FR7100-22-02411

10. Approving Official Determination of Circumstance Applicability.

In accordance with FAR 16.505(b)(2)(ii)(B)(10), the undersigned approving official for this justification hereby determines the circumstance cited above at #4, Authority and supporting rationale, applies to this order.

Contracting Officer’s Certification and Approval

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

Approve

Sarah Waugh Date Contracting Officer