SSJ for an Action Exceeding the Simplified Acquisition Threshold Using Simplified Acquisition Procedures for Certain Commercial Items.pdf

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SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

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

NFF2000-22-00840

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Western Acquisition Division (WAD) located in Boulder, CO, proposes to enter into a sole source contract in support of the National Marine Fisheries Service (NMFS).

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

NOAA intends to award a sole source contract with the Woman Owned Small Business (WOSB), Paua Marine Research Group (PMRG) of San Diego, CA. This is a follow on contract to contract AB-133F-17-CN-0158 also awarded to PMRG on a sole source basis.

A firm fixed price contract is contemplated for award.

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

The white and black abalone are listed as federally endangered under the Endangered Species Act (ESA), and all abalone species are protected under California’s Abalone Recovery and Management Plan. While there were once millions, the current population of the white abalone is about 1,600 to 2,500 individuals. In an effort to save the species, NMFS is seeking an entity that

1) has access to a vessel, survey equipment and SCUBA gear that can safely and efficiently conduct underwater surveys along the coast of southern California; 2) provides experienced AAUS-certified scientific divers to conduct underwater abalone surveys; 3) gathers information on abalone abundance, distribution, habitat suitability and reproductive potential based on SCUBA observations and time lapse images; 4) has access to specialized underwater time lapse cameras and is capable of analyzing the images collected by these cameras over the period of performance; and 5) analyze data and present findings to project management and stakeholders, at scientific conferences, and in relevant peer-reviewed publications.

The original Independent Government Cost Estimate (IGCE) was $737,075; however based on additional market research and taking into consideration inflation and the increased cost of doing business compared to the previous contract, the revised IGCE for these services is $1,403,810.00.

A five year contract consisting of a one-year base period, and four one-year option periods is anticipated. The base period is expected to begin September 29, 2022. The final option period, if exercised, will expire on September 28, 2027.

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

RFQ 1305M322QNFFO0054

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).

□ 41 U.S.C. 1903, using SAP up to $15M for contingency operations as authorized by

FAR 13.500(c) 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:

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.

FAR 19.1506(b) states, “A contracting officer shall consider a contract award to an WOSB concern on a sole source basis before considering small business set-asides provided the acquisition is assigned to a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement, the contracting officer does not have reasonable expectation that offers would be received from two or more WOSB concerns, and the anticipated award price of the contract will not exceed $4.5 million.”

These three criteria have been met in justifying a sole source award to the WOSB firm, PMRG.

The acquisition is assigned to NAICS code 541620, Environmental Consulting Services, which is listed by the SBA as an eligible NAICS for the WOSB Federal Contracting program where WOSB’s are substantially underrepresented in this specific industry. In accordance with FAR 19.1503(b), PMRG has self-certified as an WOSB in SAM.gov. Per Amanda Bird of PMRG, documentation has been sent to SBA for PMRG to be certified in the Woman-Owned Small Business Repository. The contracting officer does not have reasonable expectation offers from two of more WOSB concerns will be received as demonstrated in Sections 6 and 8 of this justification, and PMRG is the only known WOSB that can meet the requirements.

In addition to PMRG being the only known WOSB, PMRG also has unique and specialized experience with providing the services outlined above because of: 1) specialized knowledge, gained through successful experience and performance of previous contracts since 2016, with unique authorized access to the exact locations of rare populations of the federally endangered white abalone and other abalone species that are at risk; 2) access to specialized time lapse cameras, through a private collaboration with the camera developer, that can be deployed in areas where white abalone congregate to assess population status; 3) co-investigator status on a NOAA-issued Endangered Species Act (ESA) permit allowing them access to investigate abalone in federally protected areas and permitting scientific research on this endangered species; and 4) ability to gather the proprietary data collected by the time lapse camera, analyze this data, and summarize the results for managers and decision makers. Further, PMRG’s has unique experience allows them to build upon their extensive research from 2016 to present, and continue the required research mission needs of the West Coast Region. If the agency were to use a different company, it would result in excess cost to duplicate effort that has already been expended by PMRG and would most likely result in delays to the project while another contractor comes up to speed.

The information obtained from this work is essential for recovering white abalone, a NOAA Species in the Spotlight and a species predicted to be at extremely high risk of extinction in the wild over the next 10-15 years. It is also essential for ascertaining the status of other species of abalone that are experiencing declines up and down the west coast of North America and will inform future decisions on the level of protection these species should receive. The endangered status of white abalone requires efficient and timely execution of the tasks listed above as well as the analysis of critical biological information that will help structure recovery implementation for this and other depleted abalone, into the future. Because PMRG has formed prior positive working relationships with the developer of the time lapse camera and other partners involved in the white abalone recovery program, the work will commence immediately upon contract award.

As statutorily authorized in 41 U.S.C. 3304(a)(5), 15 U.S.C. 637(m), and 41 U.S.C. 1901, in accordance with FAR 19.1506, and as determined and rationalized by the justification above, the contracting officer is exercising the authority to award this acquisition on a sole source basis to the WOSB concern PMRG.

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.

A Sources Sought Notice was posted on SAM.gov on May 4th and set aside for WOSB with a response date of May 11th. On May 10th PMRG submitted a capabilities statement and responses to the capability questions via email. No other responses were received.

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 prices will be fair and reasonable based on comparison to the Independent Government Cost Estimate, adjusting for inflation and other relevant factors, and prices on previous procurements. Prior to award of the proposed contract, price information shall be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable.

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

In addition to the Sources Sought described in Section 6, a search on the Dynamic Small Business Search (DSBS) was performed using NAICS code 541620 (Environmental Consulting Services). Key words “Abalone” and “underwater” were used to gather results and no matches were found.

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

All facts have been documented. There are no additional facts to be reported in this section.

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

PMRG submitted a Capabilities Statement and responses to the Capability Questionnaire in response to the SAM.gov Sources Sought Notice on May 10, 2022. No other sources expressed interest.

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.

Upon completion of this contract, if further services are required the government will continue its market research to identify any other possible sources that can meet the requirements specified.

If additional capable companies are identified, the government will consider competing this in the future.

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.

Patty Zielinski Date Operations, Management, & Information Division West Coast Region

13. Office of General Counsel Concurrence

Concur

James Latoff Date Contract Law Division Office of General Counsel Department of Commerce

14. Contracting Officer’s Certification

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

Elliott Waxman Date Contracting Officer NOAA, AGO, Western Acquisition Division

15. NOAA Competition Advocate Approval:

Approve

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