Sole_Source_Justification.pdf

FWS Form 3-0051 (Rev. 4/20/2020) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Acquisition & Property Operations Chief (>$700K)

Based on the foregoing justification I hereby approve this procurement.

Acquisition & Property Operations Chief

16. Approval by Bureau Procurement Chief (>$700K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$68M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Bureau Procurement Chief

The BAFF is a sound, light, and bubble producing apparatus that is placed in the bottom of a river to deter fish from entering an area. Air compressor and controls are located above water in a Conex. All components are currently in place. Engineers from the manufacturer provide/prep parts both at the shop and on location while construction crew (including divers) carry out the underwater maintenance to all components of the BAFF, including removal of silt and debris that has accumulated.

Text4: Fish Guidance Systems, Ltd. (FGS) developed the Bio-Acoustic Fish Fence (BAFF) using a proprietary sound frequency and sequence in combination with a strobe light array and bubble curtain. This proprietary system was installed below Barkley Lock in 2019 to allow USFWS and USGS to test its efficacy in deterring silver carp from entering the lock chamber and passing upstream. This new contract would continue to provide USFWS access to the BAFF for study as the original study plan has been extended due to a number of circumstances that require USFWS to move beyond the initial contract with FGS.

We are aware of no other comparable systems, other than a sound system being tested by USGS at another site, that have demonstrated effective deterrence of invasive carp. Even if another technology could be found, we are in the middle of a study to test this specific proprietary sound/light/bubble combination. To remove and replace with another system would compromise the study and be a multi-million dollar effort.

Text5: Extensive coordination with academia and other federal agencies involved in invasive carp management, as well as broad stakeholder communication regarding ongoing research on invasive carp has revealed that there are no entities that have tested underwater sound technology on invasive carp (bighead and silver) with the successful outcomes observed using the FGS BAFF technology (by University of MN), and that have not also observed habituation in fish to the stimuli/noise/technology being tested. We are continuing lease as the project has been extended to both increase the knowledge we can gain from now operating the BAFF in a full time "on" condition (rather than turning on and off weekly), and allow additional time for USACE and a state partner to take over operation of the deterrent so it can continue to slow passage of invasive carp and avoid the multi-million dollar cost of removal.

A sources Sought was posted with the original contract and vendors were able to submit capability statements, each of which was considered. For this specific requirement, an Intent to Award posting will be published and will still allow vendors to respond with a capability statement.

Text8: This contract is for an underwater invasive Carp deterrent system. USFWS is currently leasing the system that has been installed at the bottom of the river inside large concrete blocks that protect this deterrent system. This project was designed, and the Fish Guidance System Technology was specifically built, to the specifications and plan for this project and location. A major disincentive with seeking competition, or consideration of award to another vendor at this time, is that doing so would require removal of the currently installed system, design and build of a comparable system to fit within the Government's protective barriers, and installation and maintenance of the new system. Obligations for the BAFF is currently at over $10.5 Million. It is estimated that the Government would be duplicating over half that amount in removal, design, fabrication and re-installation of a new system. In addition, the USFWS invasive carp eradication/deterrent mission would be negatively impacted for the period of time it would take to get a new system in place.

As the BAFF at Barkley Lock and Dam was designed to be a temporary deployment lasting for a 3 year study period, we opted to lease the unit. Due to installation challenges and study delays due in part to COVID, the lease continued longer than expected. We are pursuing a continued lease given the uncertain timing of the potential transition of the BAFF to partners, which could occur as soon as 6 months into our new contract.