Single Source (23-281) Signed CO_Redacted.pdf

SINGLE SOURCE DETERMINATION USING

SIMPLIFIED ACQUISITION PROCEDURES (SAP)

Version 2.0 19Aug2020

FOR AN ACTION NOT EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

(AUTHORITY: FAR 13.106-1(b)(1))

PR# NF-FM5100-23-01705

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants Office (AGO), MB Field Delegates and NOAA Fisheries GARFO PRO

2. Description of supplies or services required to meet agency needs (including the estimated value). NMFS will purchase192 1000-foot coils of1/2 inch Neocorps braided rope with two green and two black tracers throughout. The distributor, Ketcham Supply in New Bedford, will make three coils available for pick up by the 64 active LMA3 fis�and will track and report on distribution.

Total Acquisition costs, Base and one option is--

3.

4. Identification of the single source or the brand name to be solicited.

Ketcham Supply, (508) 997-4787111 Myrtle Street, New Bedford MA 02740

5. Supporting rationale. Only one source or brand name is reasonably available as detailed below:

IX! Brand Name - This particular brand name is essential to the requirement and market research indicates similar products do not meet or cannot be modified to meet agency needs. The item brand name and features are Neocorps braided ½ inch "weak" rope with two green and two black tracers throughout. It is sold on 1000 foot long coils.

Endangered North Atlantic right whales are approaching extinction. The latest preliminary estimate indicates there are fewer than 350 individuals remaining and less than 100 breeding females. Primary threats to the species are entanglement in fishing gear and vessel strikes. Under Section 118 of the Marine Mammal Protection Act, NMFS is required to reduce serious injury and mortality of right whales to below a level that prevents an optimal sustainable population. Working with the recommendations provided by a stakeholder group known as the Atlantic Large Whale Take Reduction Team, NMFS regulates fisheries to reduce incidental take of right whales and other large whales under the Atlantic Large Whale Take Reduction Plan.

NMFS published a regulation modifying the Atlantic Large Whale Take Reduction Plan in September 2021 (86 FR 51970, 09117/21) to reduce serious injuries and mortalities of North Atlantic right whales caused by unintended entanglements in the Northeast lobster and Jonah crab trap/pot fisheries as required by the Marine Mammal Protection Act. The regulations included a combination of weak rope and weak insert requirements to reduce the likelihood of a North Atlantic right whale serious injury if entangled, and closed area and buoy line reduction measures to reduce the chance of entanglement. Rope marking requirements were also implemented to improve our understanding of where documented entanglements were occurring. While closures were implemented in 2021, the gear modification requirements were made effective May 1, 2022.

Prior to the publication of the final rule, NMFS was working with New England state managers, gear researchers, fishermen and rope manufacturers to source ropes that broke at 1700Ibs.

A rope breaking machine was acquired by the Northeast Fisheries Science Center and a

PR# NF-FM5100-23-01705

standardized testing protocol was developed in consultation with New England states.

Ropes and weak links demonstrated to break within 10 percent of the 1700 lb breaking strength prescribed in the regulations are approved by the Regional Administrator, posted on the webpage, and included in posted compliance materials.

Vessels fishing in the offshore area known as Lobster Management Area 3 were required to fish with one weak end on each trawl. Specifically, a 1700 lb rope at the top 75% of the weak end was required. While NMFS was able to approve a number of 3/8 inch diameter weak rope, those ropes were too narrow to fit through LMA3 haulers, built for larger diameter offshore ropes. Despite numerous attempts to source weak rope for LMA3, until March 2022, no weak rope of ½ inch or larger diameter had been approved for use. LMA3 vessels were not able to come into compliance with this requirement and so have not yet appreciably reduced risk to right whales as required by the 2021 regulations.

Since 2019, NMFS has personally contacted rope manufacturers and when promising materials were received, has tested large diameter ropes on the rope breaking machine. In addition to the Neocorps ½ inch braided rope with the green and black tracer, a number of versions of rope by Shippagan in ½ inch, 7 /16ths inchs and 5/8ths inch diameter were trialed and tested on a rope breaking machine - but they had characteristics including inconsistent breaking strengths, high breaking strengths, and stretching characteristics within a coil that made them incompatible with commercial fishing operations. No other rope of a ½ inch or greater diameter has been sourced that meets the regulatory requirements and demonstrates promising consistency characteristics.

IE. Compatibility to existing systems or equipment - The required supplies must be compatible in all aspects (form, fit, and function) with existing systems or equipment, and the source is uniquely qualified to meet the requirement.

Large diameter rope is needed for the vessels fishing in LMA3 because they use ½ inch and larger rope and their rope haulers to bring their gear onboard is set up for large diameter rope. Smaller rope jams the haulers.

XJ Exclusive Licensing AgreemenURestrictive Rights/Authorized Reseller - The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required.

Ketcham Supply in New Bedford is the only distributor of Neocorp rope on the East Coast.

Kl Urgency - The nature of the requirement has been deemed urgent due to unusual and compelling circumstances. Following competitive procedures would result in unacceptable delays resulting in serious injury to the Government.

NMFS has been trying to source rope to bring fishermen into compliance with the regulations since 2019, when the regulations were still in development. The regulations were published in September 2021 and the weak rope requirement that will be fulfilled by this purchase was to be effective by May 1, 2022. Until this rope is manufactured, purchased and distributed for installation on LMA3 fishing vessels, fishermen cannot comply with the regulations and anticipated reduction in serious injuries to North Atlantic right whales has not been implemented. Right whale recovery is one of the most urgent matters facing NOAA fisheries and their numbers continue to decline due in large part to serious injuries and mortalities caused by severe entanglements that could be lessened with the use of this weak rope.

PR# NF-FM5100-23-01705

□ Other - Only one source is capable - At this point, only this particular Neocorp rope distributed by Ketcham Supply meets the regulatory requirements deemed necessary to reduce serious injury and mortalities of right whales caused by the lobster and Jonah crab fishery in LMA3.

6. Market Research.

In addition to personal contacts globally by Northeast Fisheries Science Center gear team staff, the Regional Administrator sent a letter in 2019 and an additional letter in 2021 soliciting weak rope products for testing. In some cases NMFS, in collaboration with the fishing industry, has tested promising large diameter ropes on vessels and measured breaking strengths on the rope breaking machine. A number of versions of rope by Shippagan in ½ inch, 7 /16ths inchs and 5/Bths inch diameter were trialed and tested on a rope breaking machine - but they had characteristics including inconsistent breaking strengths and stretching characteristics within a coil that made them unfeasible buoy line materials. No other rope of a ½ inch or greater diameter has been found.

Attached is a partial list of rope manufacturers and distributors that have been contacted since 2019 as part of this effort.

7. 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.

SWINDELL.JERRY. �:i1�·6iL���::�NT.1204S89SS

KENT.1204589557 �te,2023.0S.0312"'1<12-0S'OCY

Jerry Swindell Acquisition Management Specialist COR

BLAND.SARAH.ELIZA Digitallysignedby

BLAND.SARAH.ELIZABETH.1386899386

BETH.1386899386 Date: 2023.05.0314:22:37-04'00'

Sarah Bland Deputy Regional Administrator GARFO Greater Atlantic Regional Fisheries Office NOAA 's National Marine Fisheries Service

Date

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Note that NOAA Fisheries policy requires these sole source documents to be signed by a regional administrator, science center director, or Deputy director. See MB Guidance: Sole Source Actions.

8. Determination I hereby determine that the circumstances of this action deem only one source is reasonably available. This determination is accurate and complete to the best of my knowledge and belief.

Suzanne

Johnston

Suzanne Johnston

Contracting Officer

Digitally signed by

Suzanne Johnston

Date: 2023.05.04 09:59:18 -04'00'

PR# NF-FM5100-23-01705

5/4/2023

Date