NF-FS7300-23-02013 JOFOC_Sole Source FE Redacted_Redacted.pdf

Version 3.0

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-FS7300-23-02793

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO) Western Acquisition Division (WAD), National Marine Fisheries Service (NMFS), Alaska Fisheries Science Center (AFSC) and Marine Mammal Laboratory (MML) and Alaska Ecosystems Program (AEP) proposes to enter into a contract on the basis of other than full and open competition in support of the Pinniped Research and Protected Species Management Coordination in the Russian Far East.

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

This is a sole source justification for a follow-on to existing contract 1305M320CNFFS0078.

NOAA intends to award a firm-fixed price (FFP) contract for commercial services to North Pacific Wildlife Consulting, LLC (NPWC) (UEI HM36BMJCTF43) for Pinniped Research and Protected Species Management Coordination in the Russian Far East.

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

NMFS Alaska Regional Office requires field research support at select Steller sea lion sites in Alaska and Russia. Successful performance of the required services 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 total estimated cost is ; for one (1) 12 month base year and one (1) 12 month option year. The anticipated period of performance for the base is September 04, 2023 – September 03, 2025.

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-FS7300-23-02793

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 services at the level of quality required because the services are unique and highly specialized. Market research has concluded that Dr. Burkanov, with 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. The relationship between NPWC, the United States and Russia has been fostered since September 20, 2010. NPWC aids 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. This enables their ability 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.

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.

A source sought notice was posted on SAM.gov on June 28, 2023 for a period of 15 days to determine whether any other source could meet the Government’s needs. The notice closed on July 13, 2023 and no responses were received. Documentation of the notice is attached.

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. In addition, the contract will have fixed unit rates. These will be reviewed and evaluated to determine a fair and reasonable price for the duration of the contract.

Purchase Request: NF-FS7300-23-02793

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

The most recent procurement (1305M320CNFFS0078) covering the period of 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.

On June 14, 2023, AbilityOne services, Small Business Dynamic Search and SAM.gov was searched using key words “sea lion”, “steller sea lions” and “pinniped”. All searching tools concluded in no results found. Then on July 31, 2023 the Federal Prison Industry (FPI) was searched, and the types of services required did not fall under the FPI services provided.

Furthermore, FAR 8.003(a)-(d) Use of other mandatory sources does not apply to this service requirement.

As previously stated, a notice to issue a sole source was posted to SAM.gov on June 28, 2023. The notice was posted for 15 days and no responses were received. The documentation of the posting is attached.

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.

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 the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these Steller sea lion research and protected species management coordination in the Russian Far East.