Redacted JOFOC.pdf

Page 1 of Source Selection Information — see FAR 2.101 and 3.104

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION (JOFOC) SOLE SOURCE

Kongsberg Sonar System Support

Purchase Request Number: NCNJ1000-20-01140

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) and the Office of Marine and Aviation Operations (OMAO)

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

This is a sole source justification for a new requirement to establish an Indefinite-Delivery Indefinite-Quantity (IDIQ) contract with Kongsberg Underwater Technology Inc.

It is planned to award a single IDIQ contract to encompass services and supplies for all Kongsberg sonar systems in the NOAA fleet. The contract will have a 5-year ordering period, under which firm-fixed-price Task Orders (TO) will be issued.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

NOAA operates a fleet of research vessels that supports research and mapping for the National Fisheries Service, National Ocean Service, Office of Atmospheric Research and the National Weather Service, as well as provides support to other Federal agencies. NOAA’s vessels are equipped with Kongsberg Sonar equipment to allow the vessel to accomplish its mission including fisheries research and coastal mapping. NOAA is seeking an IDIQ contract with Kongsberg Underwater Technology Inc. for system grooms and repair services for the required sonar equipment.

The ordering period will be April 1, 2021, through March 31, 2026. The estimated value in accordance with the Independent Government Estimate (IGE) is approximately $31,800,000.00.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C.

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3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Source Selection Information — see FAR 2.101 and 3.104

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

The Contracting Officer (CO) has determined that the following circumstances justify the use of a sole source as supported below:

Kongsberg Underwater Technology Inc. is the original equipment manufacturer (OEM) for sonar systems on NOAA vessels. This includes all mechanical, electrical, calibration, programmable logic controller, networks, transducers and cabling. Efforts to ensure the system is calibrated and functional for field season with updated software, transducers, revised versions of systems, controllers and commissioning can only be accomplished by the OEM.

They are the only firm that is capable of sparing, training, calibrating, updating, repairing, and inspecting the system performance.

All NOAA vessels are equipped with Kongsberg acoustic equipment and software. These systems are used by the vessels to complete scientific studies including fisheries research and coastal mapping. Kongsberg echosounders are able to detect fish migration and movement, and can map the ocean floor with great precision making research easier.

NOAA ships that engage in fisheries surveys and in general oceanographic surveys have Echosounder Kongsberg (EK)-series sonar equipment installed and they use Kongsberg software to coordinate, plan, acquire, and process the acoustic data. All ships that engage in fisheries surveys also have Integrated Kongsberg net mensuration and trawl monitoring acoustic equipment installed to manage, monitor and control the trawl net during sample trawl operations during fisheries surveys. These systems must seamlessly integrate with the other Kongsberg acoustic equipment installed on the ship for overall efficiency and optimal surveys.

All Fisheries Survey Vessels (FSV) Class ships (REUBEN LASKER, BELL M SHIMADA, PISCES, HENRY BIGELOW, and OSCAR DYSON) have Kongsberg Multibeam Echo (ME)series multibeam sonar equipment installed and they use Kongsberg software to coordinate, plan, acquire, and process water column acoustic data.

All ships that engage in oceanographic exploration and hydrographic bathymetry (bottom contour mapping) have Kongsberg EM-series multibeam sonar equipment installed and they use Kongsberg software to coordinate, plan, acquire, and process the acoustic data used to identify areas of interest for Remotely Operated Vehicle (ROV) deployment or to develop nautical chart data.

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OMAO has a need for continual Kongsberg technical support to perform annual system assessment and grooms to ensure each system is operating per design specification. OMAO must contract with Kongsberg to provide on-demand troubleshooting and technical support to aid NOAA onboard technicians to maintain each system and to repair identified faults and failures to the installed systems. OMAO also has a need for continual Kongsberg engineering support to aid and assist in design efforts, to provide new and updated system installation support, to provide commissioning services and initial system operational support to ensure new updated systems perform per design specification, and to answer specific engineering questions regarding system installation or performance anomalies identified during system installation and operations.

OMAO has a need to purchase repair parts and system firmware and software updates for new systems or system components as existing systems and components reach end-of-life or become obsolete. Kongsberg has no authorized 3rd-Party source to provide these necessary repair parts or software/firmware updates; these are only available from Kongsberg as the

OEM.

The Contract Specialist (CS) received written confirmation from Ocean Services Manager (Jeff Condiotty) from Kongsberg that there are no other companies that can work on these systems. Failure to utilize the OEM would result in equipment failure as they are the only company that can repair and upgrade the multibeam sonars, echo sounders and other equipment NOAA utilizes from Kongsberg. Replacing the Kongsberg systems is not feasible because they are heavily integrated into each vessel including the vessels trawl systems and centerboards.

A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303-2(b)(6)).

notice of intent to sole source was posted to beta.SAM.gov website on May 20, 2020. The notice closed on 06/03/2020 at 2:00PM Eastern Standard Time (EST). No responses were received.

Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The CO will determine fair and reasonable prices in accordance with FAR 15.404-1, Proposal analysis techniques.

A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR

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6.303-2(b)(8)).

Market research was conducted by the requiring activity and contracting activity by reviewing acquisition history for these services in the past. Based on the market research performed, it is determined that Kongsberg is the OEM and Kongsberg does not have any authorized distributors. The CS received written confirmation that Kongsberg has no authorized distributors. The letter provided is attached.

Prior Contract # Vendor Name

Date Awarded

Method of competition Description Value

GS-24F-

0014J/1305L319F

NRMA0096

Kongsberg 05/07/2019 Sole Source EM302 Sonar Maintenance. $56,150.00

GS-

24F0014J/1305M219

FNMAN0044

Kongsberg 01/30/2019 Sole Source

Installation and commissioning of the dual 2040 multibeam sonar system for NOAA Ship Ferdinand Hassler.

$148,710.00

1333MK19PNMA

N0354 Kongsberg 08/28/2019 Sole Source

EM2040-07 Spares Kit to support NOAA Fleet sensors.

$135,590.00

The contracting activity completed a search in the dynamic small business search website using the keyword Kongsberg. No small business that could provide Kongsberg equipment and services showed up as a result of the search.

The Ocean Services Manager stated that Kongsberg no longer has an IDIQ with GSA.

Therefore it is necessary that NOAA establishes its own contract. Contract GS-24F0014J with Kongsberg ended on June 30, 2019. It is not planned that GSA will renew these contracts with Kongsberg.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303-2(b)(9)).

All supporting facts have been documented herein.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

No sources responded to the notice of intent to sole source.

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11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated (FAR 6.3032(b)(11)).

Due to the proprietary nature of Kongsberg sonar systems, the Government cannot overcome barriers to competition in regards to developing an IDIQ to support and upgrade the current systems that NOAA utilizes without replacing the entire system. Replacing the entire system for ships would represent a significant additional cost to the government. In the event of future requirements to procure a new mission system, the Government will solicit competitive proposals.ls.