E53_JOFOC_published_in_FBO_-_FAR_6.305a.pdf

Safety and Environmental Enforcement

Department of the Interior Bureau of Safety and Environmental Enforcement

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

(JOFOC for Acquisitions > SAT)

I recommend that the BUREAU

OF

use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. Nature/Description of the Acquisition [FAR 6.303-2(b)(2)] This is a sole source action to be awarded as a Firm Fixed Price contract with a 24-month period of performance. BSEE awarded. Previously, BSEE awarded Worcester Polytechnic Institute (WPI) $565,010 under Contract E14PC00043 and $1,127,598 under contract E15PC00004 to develop a heat feedback system. The heat feedback system trademarked as a Heat Refluxer™ is designed to capture heat from fire flames and transfer it to oil slicks on water to increase the rate at which oil burns and reduce harmful emissions and burn residues. WPI was able to demonstrate the proof of concept in the previous study and BSEE is seeking to advance the technology to a state where it will be ready for commercialization.

2. Description of Supplies or Services [FAR 6.303-2(b)(3)]

WPI will investigate and conduct tests to advance the state of maturity of the technology for commercialization. Specifically, WPI will:

1. Determine the optimum material(s) and geometry for the Flame Refluxers™ to allow floatation that results in burn efficiencies, burn rates, and emissions equal to or better than those achieved in OSRR#1068. (Triangular or honeycomb system shape with springs/rods serving as both buoyancy and heat collectors. Rigid mesh/wool blanket heater system to also catch residues. System will be functional in several wave states.)

2. Determine the controlling parameters for emission control, enhanced burning rates, and burn efficiency (volume reduction) for the optimum material(s) and geometries identified in Objective 1 in the presence of waves. The burn efficiencies of emulsions with the Flame Refluxer™ will also be investigated. The Flame Refluxer™ system will be seaworthy and capable of being deployed/retrieved from boats typically used in oil spill removal operations.

3. Prepare plan and technology for commercialization including recommended materials for further research that consider marine corrosiveness of entire Flame Refluxer™ system, repeated thermal heating and cooling, transport, and system deployment/retrieval.

Note: Possible materials will be studied and recommended for consideration of potential interested parties for commercialization considerations.

TO ENSURE PROPER PRINTING DO NOT HIT THE ENTER BUTTON OR INSERT BULLET LISTS

Clear Print Form

Identify one statutory authority for this acquisition to be conducted under ''other than full and open competition'' procedures [FAR 6.303-2(b)(4)]. Provide narrative justification associated with the respective stated authority in block number 15.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L.98–369)

8. 41 USC 253(c)(1) – Only one responsible source

This authority shall be used in preference to the Public Interest justification. It shall not be used when any of the other circumstances are applicable. (Explain what makes this contractor the only responsible source: i.e., does this proposed contractor have facilities or equipment that is specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Why won't any other product or service satisfy the need? Is the acquisition the result of an unsolicited research proposal [see FAR 6.302-1(a)(2)(i)]? Describe market survey and analysis efforts leading to this conclusion.)

9. 41 USC 253(c)(2) – Unusual and compelling urgency

This authority applies in those situations where (1) an unusual and compelling urgency precludes full an open competition and

(2) delay in award of contract would result in serious injury, financial or other, to the Government. (Explain why the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless it limited the number of sources. Solicitation from as many potential sources as is practicable under the circumstances is required.)

10. 41 USC 253(c)(3) – Industrial mobilization; engineering, developmental, or research capability; or expert services This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to establish or maintain an essential capacity for theoretical analyses, exploratory studies, or experiments in any field of science or technology, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services of an expert for any current or anticipated litigation or dispute. (Does the proposed contractor have facilities and equipment that are vital in the event of a national emergency? Is the proposed contract to maintain properly balanced sources of supply for meeting the requirements of acquisition of programs in the interest of industrial mobilization? Is the proposed contract to create or maintain the required domestic capability for production of critical supplies by limiting competition to items manufactured in the United States or Canada?)

11. 41 USC 253(c)(4) – International agreement This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited. (Cite the international agreement or treaty between the United States and the foreign government or international organization that precludes full and open competition. Provide the written directions of the foreign government reimbursing the agency for the cost of the acquisition, which precludes full and open competition.)

12. 41 USC 253(c)(5) – Authorized or required by statute This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source.(Cite the authority that expressly authorizes that the acquisition be made through another agency or from a specified source, and attach a copy of the statute.) Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement.

13. 41 USC 253(c)(6) – National Security This authority may be used for any acquisition when disclosure of the Government’s needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. (Explain why the disclosure of the Government’s needs would compromise the national security or violate security requirements.)

14. 41 USC 253(c)(7) – Public Interest

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of contract are required.

15. JUSTIFICATION (Attach additional pages if needed)

(a) Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited [FAR 6.303-2(b)(5)]. [Prepared by Program Office]

WPI is the only source that can meet this requirement and perform this service for the Government. This is a follow on contract with WPI for the previously awarded contracts to develop a heat feedback system to increase the burning rates of in situ burns of oil in the marine environment and reduce harmful emissions under contracts E14PC00043 and E15PC00004. This effort is a continuation of work that was successfully completed to demonstrate the proof of concept. The promising results from the previous studies will be matured to advance the technology by studying optimal geometries for burning efficiencies and buoyancies, testing for optimal configurations for efficiencies as well as deployment and retrieval in the presence of waves.

This series of tests will advance the technology readiness level of the equipment to ready it for commercialization and/or deployment in a marine environment. WPI is uniquely qualified to mature this technology through fabrication and testing through their fire protection engineering lab. WPI has a patent for this system (US20160123582A1). To date, the Government (BSEE) has invested nearly $1.7 million developing this technology with WPI. Since WPI holds the patent, they are the only source that can meet the Government’s needs to continue to develop this unique and innovative technology without starting from scratch to research a new combustion system.

(b) Describe the efforts taken to ensure offers were solicited from as many potential sources as is practicable, including whether a Government-wide point of entry (GPE) notice was or will be published as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. [FAR 6.303-2(b)(6)]. [Prepared by Program Office]

A pre-solicitation notice will be published via FedBizzOpps (FBO) announcing the Government's intent to issue a sole source contract. In addition, the justification will be published to FBO after award, to ensure that the public is aware of the intended activity.

(c) Demonstration that the anticipated cost to the Government will be fair and reasonable [FAR 6.303-2(b)(7)].

[PreparedbyContracting Officer]

The Government will conduct a cost/price analysis on the proposal received in accordance with FAR 15.404-1 in order to determine the cost/price proposed by the Offeror is fair and reasonable.

15. JUSTIFICATION CONTINUED (Attach additional pages if needed)

(d) Describe the market research that was conducted and the results of that survey. If actions were taken by procurement personnel to satisfy this requirement such as a GPE sources sought synopsis, please specify. [FAR 6.303-2(b)(8)]. [Initiated by the Program Office and finalized in collaboration with the Contracting Officer]

In 2015 BSEE issued a notice in FedBizzOpps throuch a Broad Agency Announcement (BAA)/Request for Proposal No. E15PS00027 under Topic 3 to Quantify In Situ Burning Efficiency. BSEE funded this endeavor under Contract Nos. E14PC00043 and E15PC00004, and WPI successfully developed a prototype heat feedback system known as a Flame Refluxer™. BSEE has approved numerous journal articles, technical papers and presentations of this cutting-edge technology with great interest and excitement expressed by the oil spill response community for its advancement.

(e) Describe any other documentation to support the JOFOC. [FAR 6.303-2(b)(9)]. [Prepared by Program Office] Detailed Scope of Objectives (SOO) and Independent Government Cost Estimate (IGCE) prepared in support of the acquisition.

(f) List sources, if any, that expressed, in writing, an interest in the acquisition. [FAR 6.303-2(b)(10)].

[PreparedbyProgram Office]

No other sources have expressed interest in the acquisition to date.

(g) List the actions the Bureau will take to promote competition on any subsequent acquisitions for similar supplies or services.

[FAR 6.303-2(b)(11)]. [Prepared by Contracting Officer]

As part of its responsibilities to promote oil spill preparedness through technology, BSEE will continue its outreach effort to find and fund pertinent technologies through subsequent procurements based on available funding.

APPROVALS (FAR 6.304)

O v e r

16. Chief of the Contracting Office (Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

O ve r $7

,0

17. Competition Advocate (Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

O ve r $1

3.

m ill io n 18. Head of the Contracting Activity (Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

O ve r $6 m ill io n

19. Departmental Senior Procurement Executive (Name & Title)

APPROVE

DISAPPROVE

(Signature) (Phone No.)

(Date)

DOUGLA

S MARR

Digitally signed by

DOUGLAS MARR

Date: 2018.06.28 15:38:29 -04'00'

INSTRUCTIONS FOR COMPLETING FORM

Block No.

Describe the nature of the contractual action for which approval is requested (i.e., new contract, modification).

Include type of contract (i.e., FFP, CPFF, etc.)(discuss with CO); type and year of funding; and estimated share and ceiling arrangements, when applicable.

• Briefly describe product/service to be acquired;

• Explain requirement in layman’s terms so it can be understood by a reviewer not familiar with the requiring activity;

• Identify the requiring activity;

• Include option quantities and performance periods; and

• If the action described is a modification, distinguish between the work covered by the basic contract and the proposed modification.

4 Include all applicable option and system life-cycle costs.

Include more than one source as a proposed contractor, unless you are citing 41 USC 253(c)(1). For example, if the

5 procurement is based on unusual and compelling urgency, you must still contact as many potential sources as is practicable unless the justification for urgency contains detailed documentation to show that it is not practicable under the circumstances to solicit additional sources (see FAR 6.302-2(c)(2)).

6 & 7 Obtain certification from the requesting office and contracting officer prior to submitting for approval.

Check the box next to the justifying statutory authority. Only one statutory authority can be cited. The justification

8-14

15(a) on pages 3 to 5 must be clear and concise as to how the cited authority is related to the acquisition. For Information Technology acquisitions of specific make and model items, the statutory authority generally will be 41 USC 253(c)(1), onlyoneresponsible source.

• Discuss the unique requirements of the product/service that necessitates a noncompetitive action. What are the minimum requirements of the product/service? For IT acquisitions, what are the unique specifications that only one source can meet?

• Describe how the required delivery/performance date impacted the decision to restrict competition;

• Identify the proposed sole source contractor, if applicable, and discuss its unique capabilities, experience, expertise, etc. that makes it the only one capable of performance;

• When competition would have been feasible had more time been available, discuss factors such as cost/time to conduct a competitive procurement, time available versus time required, phase-in/phase-out time, and complexity of requirement;

• When the requirement was “directed or mandated” at a higher level, identify who imposed the requirement and how the mandate was communicated. Provide a copy of applicable documentation.

• Identify the constraints such as schedule requirements, unique features and mandatory requirements, or the existence of patent, proprietary data, copyright or other such limitations which restrict competition.

• If the requirement is for an interim contract or contract extension with the incumbent, discuss why it would be neither cost effective nor realistic to expect another contractor to perform during the brief interim period. Some relevant items may be: start up costs; manning problems including recruitment and associated relocation fees;

transfer and accountability of a large amount of GFP; variety and complexity of requirements; preparation of managementplans.

• Describe the detrimental effects to the mission of the requiring activity or to the government that would result if the JOFOC was not approved and product/service not acquired. A general statement of mission failure is not sufficient.

INSTRUCTIONS FOR COMPLETING FORM

Block No.

15(b) Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also describe the extent of effective competition anticipated for this acquisition.

15(c) Describe action taken to ensure that the CO will determine a fair and reasonable price (e.g., obtain audit/field reports, perform cost and/or price analysis, perform cost realism, prepare independent government estimate, etc.)

15(d)

Describe the extent of the market research (FAR 10.002) conducted to identify all qualified sources and the results thereof. Researching the marketplace may range from written or telephone contacts with knowledgeable federal and non-federal experts regarding similar or duplicate requirements, and the results of any market test recently undertaken, to the more formal sources-sought announcement in pertinent publications (e.g., technical/scientific journals, or the FedBizOpps), or solicitations for information or planning purposes. Additional guidance is available on the Procurement Division's Pipeline site.

15(e)

Any other facts supporting the use of other than full and open competition, such as:

• Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available;

• When FAR 6.302-1(a)(2)(ii) is cited for a follow-on acquisition, include an estimate of the cost to the Government that would be duplicated and how the estimate was derived; and

• When FAR 6.302-2 is cited, include data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

15(f) Include a listing of the sources that expressed written interest in the acquisition. If applicable, clearly state "To date, no other sources have expressed an interest in writing." [Also state that the notices required by FAR 5.201 shall be/have been published and any proposals received shall be considered. If a FedBizOpps notice will not be published, state which exception in FAR 5.202 applies.(coordinate with CO)]

15(g)

Describe action taken to ensure that future buys will be competed. Action taken to enhance competition might include challenging restrictive data markings, developing plans to acquire unlimited data rights, the development of a second source, develop segments of the requirement that can be competed, etc. If competition is planned, provide the estimated dates of the first competitive action. Provide an explanation if no competition is planned.

When future competition is not anticipated because this JOFOC covers all known requirements, so state.

16-19

If any person required to sign-in these blocks does not approve, the procurement shall not proceed any further and the JOFOC shall be returned to the requisitioner through the CO. All signatures required on the form (as applicable to the particular acquisition) must appear in order for the procurement to proceed.