NF-FS7300-22-02174 Sole SourceFE SAM_Redacted.pdf

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDINGTHE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

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

PR: NF-FS7300-22-02174

1. Agency and contracting activity.

Department of Commerce, NOAA Acquisition and Grants Office (AGO) Western Acquisition Division, and National Marine Fisheries Service (NMFS)/Alaska Fisheries Science Center (AFSC)/Marine Mammal Laboratory (MML)/ Alaska Ecosystems Program (AEP).

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

This is a sole source justification for a modification to existing contract 1305M320CNFFS0078.

NOAA intends to award a firm-fixed price contract to North Pacific Wildlife Consulting, LLC (NPWC) for Pinniped Research and Protected Species Management Coordination in the Russian Far East. This is a one-year extension to allow additional time to prepare a longer-term replacement contract.

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

This requirement is comprised of two elements for protected species management. The NMFS Alaska Regional Office currently supports field research at select Steller sea lion sites in Russia which involves the coordination and collection of field data by collaborating Russian scientists.

This requirement is comprised of two elements for protected species management. The first element of this requirement is to interpret, translate, analyze, and present results originating from those field data collections. The second element is for an established Russian-speaking marine mammal scientist to serve as a liaison to the MML and AFSC with Russian scientists. This element provides a unique and necessary duty to NMFS for the purpose of coordinating and facilitating international meetings such as the US-Russia Bilateral Marine Mammal Working Group. The primary location of the award, not including field travel, is Seattle, Washington.

. The estimated period of performance is September 04, 2022 – September 03, 2023. This will allow AEP and the MML to accomplish its mission.

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).

Purchase Request: NF-FS7300-22-02174

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 - Only one source is capable of providing the supplies or services at the level of quality required because the supplies or services are unique and highly specialized. Dr.

Burkanov, through NPWC, is the only expert on Steller sea lion ecology and research in Russian waters and is also an integral part of U.S.-Russian marine mammal working groups.

They provide assistance to the Russian and United States governments and their affiliates in addressing important questions pertaining to marine mammals, sea birds, and commercial fisheries under their jurisdiction and adjoining seas. NPWC helps coordinate and facilitate numerous studies with Russian and United States scientists to investigate a variety of topics regarding Steller sea lions important to the respective governments.

NPWC is uniquely qualified to provide these services to AFSC MML. In addition to being able to provide the scientific support for analysis of Russian Steller sea lion research data in coordination and collaboration with Russian scientists, including scientific translation, they have the ability and practical experience to serve as a liaison between the United States and Russian scientific communities in order to obtain the requisite Russian permits required to facilitate meetings and other interactions related to the United States Government Project 02.05-61, “Marine Mammals,” under Area V of the U.S./Russia Agreement on Cooperation in the Field of Environmental Protection and Natural Resources in the required time frames.

A part of the AFSC MML’s mission is to assess the population status and maintain stock assessments for this trans-boundary endangered species under the Endangered Species Act and the Marine Mammal Protection Act. Additionally, the United States and Russia coordinate joint research through the United States Government Project 02.05-61, “Marine Mammals,” under Area V of the U.S./Russia Agreement on Cooperation in the Field of Environmental Protection and Natural Resources. The working group’s main purpose is to promote cooperative studies and exchange scientific information to better manage and conserve marine mammal species shared by both countries. This requirement directly supports both of these missions. This work requires both fluency in Russian and the ability to obtain the requisite Russian permits within the time frames required.

The mission would be significantly impacted if it is not procured from this single source because there is no other entity that that can support MML with the unique qualifications needed to meet its working group obligations.

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.

Based on previous public solicitations and the June 2022 Small Business Dynamic search, using combinations of search criteria that included the terms Russia, wildlife, seal, sea lion, Steller sea lion, and survey, no other companies or universities possessed, expressed interest, or have proposed on this service request in the last 20 years. Any objections received to the Notice of Intent to Sole Source will be evaluated accordingly as required by FAR Subpart 5.2.

Purchase Request: NF-FS7300-22-02174

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

The Contracting Officer will follow the procedures set forth in FAR 13.106-3(a) to determine that the costs to the Government are fair and reasonable, including comparison of the proposed prices with prices found reasonable on previous purchases and comparison to the independent Government estimate.

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 document attached by Alaska Ecosystems Program of the MML.

Market research was conducted by the NMFS/AFSC/MML to identify available sources and to evaluate the availability of the marketplace to meet the requirement by reviewing historical acquisition information, government databases, internet resources, and using institutional knowledge procuring services of this type. Based on the results of market research, the government determined that only one vendor is available with the capability to meet the requirements.

Previous government solicitations for wildlife research studies in the Russian Far East have been satisfied through sole source procurements or awarded through open competition but with only a single response from NPWC.

The services sought in this present solicitation supplement studies of Steller sea lion abundance and ecology in the Russian Far East that have previously been awarded as contracts by the DOC/NOAA/AGO/WAD for NMFS/AFSC/MML. The common thread throughout all procurements has been acquiring the expertise of Dr. Vladimir Burkanov, an internationally-recognized expert on Steller sea lion ecology in Russia.

The most recent procurement covering the period 2020-2022 was awarded through a single-source determination to NPWC with Dr. Burkanov as the Chief Scientist. No vendors submitted responses to the intent to sole source or justification documents posted on SAM.gov.

June 14, 2022 SBA searches gave no results for Russia and NAICS codes 541620 or 541931.

The search was refined with NAICS code 541990 using “Sea Lion”, “Steller Sea Lion” and “Pinniped” keywords, returning no vendor profiles.

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.

None.