FBO_USV_Exception_to_Fair_Opportunity.pdf

Version 1.0

Source Selection Information – see FAR 2.101 and 3.104

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

FOR AN ORDER EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

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

Purchase Request: NFFR7000-19-01947

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) and Northwest Fisheries Science Center (NWFSC).

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 Inc. under contract

1305M418DNFFK0006.

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

SWFSC and NWFSC are tasked with executing feasibility studies comparing the use of advanced survey technologies with existing procedures. The comparison will be conducted during the 2019 summer field season. The contractor shall provide Unmanned Surface Vessels (USV) to collect data and provide the collected data to the government in support of the studies. The contractor shall use USVs to conduct a coast-wide acoustic survey using the survey design and transects produced by the NWFSC Fishery Resource Analysis and Monitoring Division (FRAM) Fisheries Engineering and Acoustic Technologies Team (FEAT). The contractor shall also provide interface for NMFS scientists to observe the survey operations and data in real time as well as raw data upon completion of survey legs. The surveys are scheduled to occur between June and September, 2019. In order to allow for planning and post-survey analysis, the period of performance will be one year from date of award, with no option periods. The estimated value is $896,000.00, which is consistent with the funding profiles each center has associated with these surveys.

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 in the market. Saildrone is the only ProTech vendor with a current fleet of USVs that are capable of completing an acoustic survey and collecting comparable data with the concurrent NOAA surveys. Without this additional data, NMFS cannot improve its survey results, which are vital for understanding the state of marine ecosystems and fulfilling its mission to protect marine habitats and resources.

The ProTech Program Management Office (PMO) conducted a capability analysis among Fisheries Domain vendors to determine which vendors are capable of performing this work. The analysis identified three potential vendors based on their general capabilities within the Field Sampling, Data Collections, and Surveys task area of the base IDIQ’s scope of work. Because the base IDIQ does not contain sufficient detail addressing USVs specifically, the Contracting Officer issued a sources sought notice to the identified vendors: Saildrone, Abt Associates, and TESA, to request a more detailed

PR# NFFR7000-19-01947

Source Selection Information – see FAR 2.101 and 3.104 response addressing the particular requirements of the draft work statement. Saildrone was the only company to reply. In addition, the Contracting Officer conducted supplemental market research and identified that neither TESA nor Abt Associates have USV technology. The lack of response from the identified vendors and the results of other independent market research into Abt Associates and TESA confirms that Saildrone is the only ProTech vendor capable of providing USVs surveying 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)(3), the Contracting Officer will conduct a price analysis using the policies and methods in FAR Subpart 15.4 to determine that the price is fair and reasonable. Specifically, the Contracting Officer will compare the proposed price to historical pricing and the independent Government estimate.

6. Any other facts supporting the justification.

All supporting facts have been documented herein.

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 2019 surveys. 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. (Required per FAR 16.505(b)(2)(ii)(B)(9))

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

Date

NWFSC COR

SWFSC COR

9. 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.

PR# NFFR7000-19-01947

Source Selection Information – see FAR 2.101 and 3.104

10. Contracting Officer’s Certification

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

Sarah Waugh Date Contracting Officer, Western Acquisition Division

11. Office of General Counsel Concur.

Concur

James Rhodes, Attorney-Advisor Date

Office of General Counsel

12. Approval for Justifications >$700K.

NOAA Competition Advocate:

Approve

Jeffrey S. Thomas Date NOAA Competition Advocate