REQ_Seagliders_SSJ_Exceeding_SAT_Using_SAP_CI_FE_Redacted_1_1.pdf

Version 3.0

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

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

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1. Agency and contracting activity.

The Department of Commerce (DOC), NOAA Acquisition and Grants Office (AGO), Western Acquisition Division (WAD), and Pacific Islands Fisheries Science Center (PIFSC), Protected Species Division (PSD) Cetacean Research Program (CRP).

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

This is a sole source justification for a new Firm Fixed Price (FFP) contract for two (2) underwater autonomous Seaglider SGX’s. The Government intends to solicit to the Applied Physical Lab (APL) University of Washington (UW)’s Integrative Observational Platforms program, designated as Other Than Small.

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

The requirement is to provide two (2) Seaglider SGX autonomous vehicles outfitted with RBR Legato CTD and optional attachments to the PIFSC at a total cost of $508,200.00 with an initial delivery date of January 2025 at $427,000.00 and a line item for optional attachments in the amount of $81,200.00 for delivery through June 30, 2025.

4. Statutory authority permitting the sole source (including brand name) acquisition.

X 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).

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:

The Seaglider platform is currently used for piloted autonomous sampling missions by the University of Hawaii, Oregon State University (OSU) and other partners working in Hawaii and the Pacific Islands. Maintaining use of the same platform facilitates comparison and aggregation of the data collected by various entities in this region and enables sharing of staffing and technical resources required to maintain, repair, and pilot these systems. The electrical and mechanical configuration of the Seaglider differs from other profiling gliders such that unique parts and lab configurations are required to support Seaglider work and technicians are trained specifically to work with and pilot a Seaglider. In particular, PIFSC has used the Seaglider, borrowed for a partner, for four (4) prior passive acoustic sampling missions and maintaining continuity of the data is a necessity to ensure ease of use for our quantitative assessment mission.

As previously stated, the Seaglider platform has been used for prior autonomous passive acoustic glider missions in the Pacific Islands Region such that local staff have technical knowledge and capability to operate this platform. PIFSC is also currently in a collaborative

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agreement with OSU to utilize OSU’s fleet of Seagliders to support PIFSC’s needs, however, the hope is to be able to utilize the full fleet to support mission requirements. It is important for the combined glider fleet to have the same or similar specifications and be piloted by a single pilot. Purchasing Seagliders for PIFSC is an investment toward establishing PIFSC’s own operations, as supported under the IRA UxS Strategic Initiative

APL UW confirmed that the Seaglider family of buoyancy-driven autonomous underwater vehicles is a sole source product manufactured, sold, and distributed exclusively by the APL- UW. No other company or university makes or sells Seagliders, and there are no agents or dealers authorized to represent this product. Although the Seaglider had previously been licensed to various commercial entities for fabrication and support, those licenses have been returned to UW and they now serve as the only vendor for this autonomous platform.

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 notice of intent to negotiate a sole source contract will be posted at least fifteen days before issuing a solicitation, as required by FAR 5.20 . Any responses from interested vendors will be reviewed and considered before issuing a sole source award. A sources sought notice was posted onto SAM.gov on 05/01/2024, and no responses have been received to date.

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

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the Independent Government Estimate. A price analysis will be conducted in accordance with FAR 13.106-3(a)(2).

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 was conducted and found no other authorized contractors can provide a Seaglider SGX as it contains proprietary information and construction. The market research included reviewing mandatory sources, utilizing the Dynamic Small Business Search tool, and posting a SSN on SAM.gov. No responses to the SSN were received. Details of findings can be found on the market research report.

Any other facts supporting the use of a sole source (including brand name), such as:

All supporting facts have been documented herein.

List of the sources that expressed a written interest in the acquisition.

There were no sources that expressed a written interest in this acquisition.

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. For future follow-on requirements, the program office will revisit to see if licensing has become

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available for other sources as it has in the past. Reviews will take place to see if there are ways to overcome any barriers to competition before any subsequent action takes place, if applicable.

12. Technical/Requirements Representative Certification

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

Stephanie Contracting Officer’s Representative

13. Office of General Counsel Review

Review

Date

Office of General Counsel

14. 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

FISHER.STEPHANIE.SUE.10939717

Digitally signed by

FISHER.STEPHANIE.SUE.1093971724

Date: 2024.05.15 13:34:40 -10'00'

CELIA CRABBE Digitally signed by CELIA CRABBE Date: 2024.05.28 16:31:20 -04'00'

WAUGH.SARAH.R

OSE.1505964051

WAUGH.SARAH.ROSE.1505

964051

2024.05.28 14:59:04 -07'00'

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