Sole Source Justification - MA-RIMA WEA Aerial Surveys - NF-FM7320-22-01748.pdf

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 Purchase Request # NF‐FM7320‐22‐01748

1. Agency and contracting activity:

Department of Commerce, NOAA Acquisition and Grants Office (AGO), Western Acquisition Division in support of the Northeast Fisheries Science Center (NWFSC) Research Evaluation and Assessment Division, Protected Species Branch

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

This is a sole source justification for a new requirement. This work is a direct follow on to work completed by the Anderson Cabot Center for Ocean Life at the New England Aquarium (NEAq) under a contract from Massachusetts Clean Energy Center (MassCEC) that has historically been funded by MassCEC, the federal Bureau of Ocean Energy Management, Offshore Wind Leaseholders, and private foundations, but now a portion of which will be funded and overseen by NOAA. A firm fixed price contract to the NEAq is contemplated.

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

The purpose of this contract is to conduct aerial surveys of protected species in Massachusetts and Rhode Island Wind Energy Areas. Aerial surveys are required to assess the effects of wind energy development on marine mammal and turtle populations in the Massachusetts and Rhode Island wind energy areas (MA/RIMA WEAs). Baseline information on population, seasonal distribution and residency of protected species in the MA/RIMA WEAs have been collected since 2011. Surveys during and after construction are necessary to detect and mitigate potential short‐term effects of turbine construction. The results of this work will help inform sustainable development of wind energy needs off all United States (US) coasts. The total estimated value for this work, base plus all options, is $2,043,643.46. The period of performance is 01 August 2022 through 31 July 2023, with 4 one‐year option periods.

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

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: Only one source ‐ Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

The Anderson Cabot Center for Ocean Life at the New England Aquarium (NEAq) has been conducting the required aerial surveys in the MA/RI Wind Energy Area for the last decade. Leveraging NEAq will ensure the highest degree of comparability of marine mammal and sea turtle survey results before, during, and after wind energy construction.

Consistency in methods, personnel and experience are one of the few controls available for assessing shifts in open marine ecosystems. These aspects are critical because changes in personnel, methods, and the physical setup of the plane could have large impacts on the data collected and the resulting analysis

PR# NF‐FM7320‐22‐01748

MA‐RIMA WEA Aerial Surveys completed. Change of the contractor at this critical juncture would introduce uncertainty that could cast doubts on the time series and assessment of whether imminent construction of offshore wind turbines affects marine mammal and sea turtle distribution, which is the primary purpose of these surveys.

Isolating the effects of multiple potential drivers of change, such as anthropogenic perturbations and climatological shifts in oceanography or animal populations, is made more defensible when data collection is done with a consistent approach, and is necessary for NOAA to make an adequate assessment of the impacts of these wind projects.

Photo identification of right whales is required to quantify the species abundance, residency and demographics in the region. The New England Aquarium has been conducting all required survey types (line‐transect and vertical photography sampling) and also serves as the primary repository for right whale identification and life history databases. As such, the New England Aquarium is in the unique position to meet all facets of the proposed contract, for the highest quality results and efficiency in execution.

6. 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:

Given the need for consistency of methods outlined above, the critical timing of these surveys relative to offshore wind development in this region, and the unique expertise and experience of the New England Aquarium, additional market research could not possibly identify additional sources because no other potential sources for this contract could have the necessary capability or experience. A Sources Sought was posted to SAM.gov on 04 May 2022, requesting information from other interested vendors. No responses were received, validating this conclusion. A copy of this sole source justification will be posted in accordance with the notification requirements of FAR 13.501(a)(iii)

7. 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 comparison to the IGCE , in accordance with FAR 12.203 and the procedures at FAR 13.106‐3(a)(2)(ii).

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

Given the unique qualifications of NEAq and necessity of continuity of services as identified in paragraph 5, no other vendors would be able to accomplish the work required under this contract.

Mandatory sources were reviewed to see if there were any capable vendors but none were identified.

A Sources Sought was posted to SAM.gov on 04 May 2022, requesting information from other interested vendors. No responses were received, further indicating that the NEAq is the only responsible source. Given that the NEAq possesses such unique capabilities as to make them the only capable vendor, further market research could not possibly identify other capable vendors. However, NOAA and our partners at the Regional Wildlife Science Collaborative (RWSC) will continue to monitor the market to see if any new vendors may be able to compete for future iterations of this contract.

9. Any other facts supporting the use of a sole source (including brand name), such as: None

10. List of the sources that expressed a written interest in the acquisition: None

11. 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.

PR# NF‐FM7320‐22‐01748

MA‐RIMA WEA Aerial Surveys

As stated in paragraph 8, NOAA and our partners at RWSC will continue to monitor the market to gauge capabilities for future requirements. The Government will seek competition for future acquisitions for these services to the maximum extent practicable.

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.

Christopher D. Orphanides Research Zoologist, Protected Species Offshore Wind Lead

13. Office of General Counsel Concurrence :

Concur:

Rebecca Jacobsen Office of General Counsel

14. Contracting Officer’s Certification:

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

Joseph Hetrick Contracting Officer

15. NOAA Competition Advocate Approval:

Approve

Jeffrey S. Thomas NOAA Competition Advocate and Director, Acquisition and Grants Office