1305M323CNFFM0079 Sole Source Justification_Redacted.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) Purchase Request # NF-FM7910-23-00202

1. Agency and contracting activity.

Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) located in Seattle, WA in support of NOAA’s National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC), Fisheries Monitoring & Research Division (FMRD), Fisheries Monitoring Operations Branch (FMOB) located in Woods Hole, MA.

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

This is a sole source justification for a follow-on, Firm-Fixed-Price (FFP) commercial contract with the Atlantic States Marine Fisheries Commission (ASMFC) (Unique Entity ID ZXRMKZBNC8Y1, located at 1050 N Highland ST STE 200, Arlington, VA, 22201-2196) for the Administration of At- Sea Monitoring Fishery Observer Support Services. These services are currently being provided by ASMFC under contract number 1305M221CNFFM0013.

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

The NMFS, NEFSC, FMOB manages the At-Sea Monitoring (ASM) Program. ASMs collect scientific, management, compliance, and other fisheries data onboard commercial fishing vessels.

Information is collected through interviews with vessel captains and crew, observations of fishing operations, photographing catch, and measurements of selected portions of the catch and fishing gear. ASM coverage is an integral part of catch monitoring that collects accurate information on catch composition. The data are used to estimate total discards by sectors or state, gear type, and stock area. Since July 1, 2016, ASMFC has managed the reimbursement process for a portion of at-sea monitoring costs for groundfish sector trips, including vessels electing to use electronic monitoring (EM) in lieu of a human ASM.

This contract is to provide services and support for invoice tracking and reimbursement to the groundfish or herring industry for ASM/IFM (Industry Funded Monitoring) services supplied by ASM/IFM providers/industry. ASMFC will manage the reimbursement process by tracking and reporting to NMFS on a monthly basis the amounts invoiced by sector or provider/industry, tracking and reporting to NMFS on a quarterly basis the cumulative annual expenditures and funds remaining on the contract, and communicating with sector/State managers, vessel owners, providers, and NMFS to ensure compliance with the reimbursement process.

The expected period of performance of this acquisition will be from September 29, 2023 – March 31, 2025, including a twelve (12) month base period and an additional a six (6) month option period.

The total estimated value of this acquisition, inclusive of the base and option period, is

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).

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:

The use of a sole source for this acquisition is authorized by statute under Section 402(d), 109-479(d) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), codified at 16 U.S.C. § 1881a(d). The MSA permits NOAA to contract on a sole source basis with a Marine Fisheries Commission for the purpose of carrying out information collection or other programs, if the service provider is specified by statute or has “customarily” been a Marine Fisheries Commission.

The ASMFC is a recognized Marine Fisheries Commission that was established in 1942 by the consent and approval of Congress through P.L. 77-539, as amended by P.L.

81-721, with a mission to promote the better utilization of fisheries and to support policies and actions to conserve, develop, and manage fishery resources. ASMFC has been providing the Administration of At-Sea Monitoring Fishery Observer Support Services since the process began in 2016. ASMFC previously provided these services under a NOAA grant from 2016 – 2020, and has continued to provide these services under a sole source contract with NOAA since 2020. ASMFC’s relationship with the fishing community and understanding of the observer requirements makes the Commission uniquely qualified to continue providing the services required by this acquisition. Therefore, using the authority of the MSA to issue a follow-on sole source contract to ASMFC allows the ASM program to continue operations without any interruptions.

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.

In accordance with FAR 5.202(a)(4) a notice of the proposed contract action is not required to be publicized prior to contract award, as it is expressly authorized by statute. However, in accordance with FAR 6.305(a) a copy of the redacted sole source justification will be publicized at the Government Point of Entry (GPE), SAM.GOV, within 14 days of contract award.

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 cost(s) to the Government will be fair and reasonable based on price analysis conducted in accordance with FAR 13.106-3(a)(2). Prior to award of the proposed contract, price information will be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine if the price of the proposed acquisition is fair and reasonable. In the event that a determination of fair and reasonable price cannot be made, a contract will not be awarded.

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

The ASMFC has been successfully performing the services required by this proposed contract since 2016. Services were originally performed by ASMFC through a NOAA grant, however, ASMFC has continued to perform these services through sole source contracts with NOAA since 2020. FAR 6.302-5 states that full and open competition need not be provided for when a statute expressly authorizes a specified source. As such, there is no requirement to identify alternate sources, and for this reason no additional market research was conducted.

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

All supporting facts have been documented herein.

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

N/A - No sources have expressed an interest in the acquisition.

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.

This contract will be awarded with an expected period of performance of September 29, 2023

– March 31, 2025, during which time the Program Office and the Western Acquisition Division (WAD) will determine if a sole source contract award to ASMFC remains suitable for future acquisitions.

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.

13. Office of General Counsel Concurrence

Concur

14. Contracting Officer’s Certification

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

15. NOAA Competition Advocate Approval:

Approve