A02 FINAL_Justification and Approval Other than FOB_v3 - signed.pdf

Control Number: UDALL-24-05

Justification and Approval for Soliciting from a Single Source

Program/Equipment: MRRIC Project Third Party Science Neutral (TPSN) and Independent Science Advisory Panel (ISAP)

Authority: FAR Subpart 13.501(a) Sole-Source Acquisition under Simplified Procedures for Certain Commercial Items (< $7MIL) (41 U.S.C. 1901).

Amount: Base Period: $119,325.27 POP: 19 February 2024 – 18 February 2025 Optional Tasks: $808,411.75

Total: $927,737.02 **NOTE: Original contract award amounts are not included in the above stated estimated amount. The performance period totals, base and optional tasks, above are inclusive of all travel, materials, and ODC estimated values within the performance period.

Prepared by:

Typed Name: Mitch Chrismer Phone: (520) 901-8544 Title: Project Manager Date: 29 January 2024 E-mail: chrismer@udall.gov

Contracting Officer:

Typed Name: Terri L. Harrison Phone: (520) 901-8565 Date Reviewed: 30 January 2024 E-Mail: harrison@udall.gov harrison Sticky Note Accepted set by harrison harrison Sticky Note Accepted set by harrison harrison

Accepted set by harrison

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel and Special Competition Advocate

Typed Name: Gwendolyn T. D. Franks Phone: (520) 901-8552

Signature: ___________________________ Date: ______________________

Justification and Approval for Soliciting from a Single Source

1. Contracting Activity: Morris K. Udall and Stewart L. Udall Foundation, 434 E. University Blvd., Suite 300, Tucson, AZ 85705.

2. Description of Action: The Morris K. Udall and Stewart L. Udall Foundation (Udall Foundation) requires the existing contractor to continue services for a highly skilled Third-Party Science Neutral (TPSN) and Independent Science Advisory Panel (ISAP) to provide third party scientific input for the John S. McCain III National Center for Environmental Conflict Resolution’s (National Center), in support of the to the Missouri River Recovery and Implementation Committee (MRRIC), the United States Army Corps of Engineers (USACE), and the United States Fish and Wildlife Service project (USFWS). The proposed contract modification will not alter the types of tasks and services performed under the existing contract but will address the need for an additional year of performance to allow the government to identify and solicit interested sources in a competitive process, while maintaining the current scientific processes that are required of the MRRIC project. This modification is for a one (1) year period of performance, with optional tasks available. The contract type is Time and Materials. The contract will be modified for the current services contractor, Oak Ridge Associated Universities, Inc. (DUNS: 041152224, Cage: 8E862). The estimated cost for this contract is $944,325.27 (inclusive of the period of performance and optional tasks within the performance period). This estimate was established in an Independent Government Cost Estimate (IGCE), which was independently derived from historical contracted costs and other industry available pricing. An Interagency Agreement between the Udall Foundation and the Department of Army, Corps of Engineers is in place and MIPR# W59XQG33400549 (signed 06 DEC 2023) will be advanced billed for the base tasks within the performance period. These funds have no expiration.

3. Description of Supplies/Services: The John S. McCain III National Center for Environmental Conflict Resolution (National Center) is a program of the Udall Foundation, an independent Federal agency located in the Executive Branch. The National Center was established by Congress in 1998 to provide impartial collaboration, consensus-building, and conflict resolution services. The National Center’s work enhances multiparty problem solving and decision-making by helping parties work together, build a shared understanding of issues, address concerns, and develop strong outcomes. The National Center focuses on a wide range of environmental, natural resources, and public lands issues involving the Federal Government.

Since 2006, the National Center has been assisting parties in the Missouri River basin in developing a multi-party collaborative forum working with USACE in order to fulfill the purpose of the USACE Missouri River Recovery Program (MRRP). Through the MRRP, USACE endeavors to manage its Missouri River operations in a manner that avoids a finding of jeopardy for three federally listed species: the piping plover, the interior least tern, and the pallid sturgeon.

MRRP implements USACE’s responsibilities under the Endangered Species Act, including restoration of a portion of the Missouri River ecosystem and habitat for fish and wildlife, while maintaining the congressionally authorized uses of the river. This effort relies on collaborations harrison Sticky Note Accepted set by harrison harrison

Accepted set by harrison with a wide range of governmental, academic, and private organizations that are working to deliver products, including extensive scientific analyses and syntheses. The MRRP Integrated Science Program (ISP) works to ensure the quality, completeness, and application of scientific information upon which the MRRP is based. The ISP follows the Office of Management and Budget’s “Final Information Quality Bulletin for Peer Review” (2005). This approach is also consistent with USACE’s civil works review policy guidance EC 1165-2-209. As part of ensuring that the ISP is based on sound science, USACE and the USFWS (hereafter, “Lead Agencies”) and MRRIC seek access to an independent source of scientific review, advice and recommendations to consult on an as-needed basis. MRRIC assists these efforts by developing recommendations for the agencies implementing the ecosystem management efforts. MRRIC was authorized by Congress in Section 5018 of the 2007 Water Resources Development Act and has nearly 70 members who represent a wide array of local, state, Tribal and Federal interests throughout the Missouri River Basin. The MRRIC consensus-building process is a coordinated effort involving the Udall Foundation, a contracted facilitation team, the Lead Agencies, and the contracted MRRIC Chair position, in addition to approximately 140 Committee members and their alternates.

The TPSN provides the required scientific and management support to establish and manage an ISAP for the Missouri River Recovery Program, consistent with the document entitled, “Third Party Science Neutral Support to Establish an Independent Science Advisory Panel (ISAP) for the Missouri River Recovery Program,” which was approved by MRRIC on May 24, 2018, (hereafter referred to as “ISAP Engagement Strategy”). In order to provide MRRIC and the Lead Agencies with high-quality, independent, and neutral scientific and technical analysis to support effective implementation of the MRRP’s SAMP, the Udall Foundation contracted out the services of the TPSN and the ISAP. The contractor formed the Independent Science Advisory Panel (ISAP) and is responsible for managing ISAP operations, to include facilitating and coordinating the development of ISAP work products.

As referenced in the ISAP Engagement Strategy, for all tasks, the TPSN works with the ISAP to ensure that all developed scientific documents address all charge requirements and are thorough, timely, and understandable by MRRIC. The TPSN may suggest edits to any of these documents;

however, decisions about whether and how to incorporate TPSN edits, as well as findings and recommendations reported in deliverables, are solely the responsibility of the ISAP panel members. To protect the independence of the ISAP, the TPSN cannot change the intent of the deliverable.

The purpose of the ISAP is to provide independent scientific review, advice, and recommendations in relevant natural sciences, social sciences, and cultural resources to support effective science-based decision-making and direction-setting for the MRRP. As the MRRP moves into implementation of its Science and Adaptive Management Plan (SAMP), areas in which ISAP input is likely to be needed include monitoring plans, monitoring and assessment results, research proposals, Adaptive Management (AM) implementation, program adjustments, and strategic plans. The panel provides review, advice, and recommendations which can be made in-person and/or via webinar, telephone, written reports, memos, Power Point presentations, summaries of discussion at meetings, recorded verbal feedback, and panel-initiated written feedback.

The TPSN ISAP Contractor attends the annual Fall Science Meeting, the AM Workshop, and all MRRIC plenary meetings to be able to provide the committee with the most up-to-date scientific information surrounding the environmental and endangered species issues identified for each meeting. The TPSN ISAP Contractor and panel also engage on occasional webinars and conference calls, and in scientist-to-scientist discussions. The current contractor provides TPSN services, in close coordination with the committee, the Lead Agencies, the National Center, facilitation team contractors, and MRRIC Chair contractor. In addition to the required Government performance evaluation that occurs during the management of the contract, feedback is provided to the National Center by MRRIC regarding how they perceive and experience the TPSN ISAP Contractor's performance, in accordance with the MRRIC Charter.

MRRIC provides its review to the Government for review and inclusion, if determined applicable, for performance reviews and CPARS reporting requirements.

4. Authority Cited: FAR Subpart 13.501(a) Sole-Source Acquisition under Simplified Procedures for Certain Commercial Items (< $7MIL) (41 U.S.C. 1901).

5. Reason for Authority Cited: The Udall Foundation requires these services to continue in order to maintain a highly skilled TPSN and ISAP to provide third party science input to MRRIC. The purpose of the ISAP is to provide independent scientific review, advice, and recommendations in relevant natural sciences, social sciences, and cultural resources to support effective science-based decision-making and direction-setting for the MRRP. The current services were awarded to ORAU through a sole-source contract action and have been in place since February 19, 2022. The current contract covered a base period and one (1) option year, with a final performance end date of February 18, 2024. Over the last year of performance, several ISAP panel members (subcontractors) resigned. ORAU conducted a search for independent scientists with the specific bird and fish specialized knowledge needed for this project; after a lengthy search, ORAU received only 5 responses for the Pallid Sturgeon biologist position and 3 responses for the Conservation Biology position with the education and experience needed to successfully perform on the project. Additionally, this process took ORAU approximately four months to complete, with onboarding for the project expected to take an additional 3-6 months for the new scientists to be briefed and brought up to speed on the program. Given the extended period required for ORAU's own recent search for only two independent science panel members with relevant scientific knowledge of the issues specific to the needs of MRRIC, it is highly unlikely that the Government will be able to successfully conduct a search to find an entire panel of independent science scholars plus the third-party neutral (who is themselves a scientist with knowledge of the MRRIC issues) in the near term.

Given this analysis, the Udall Foundation is modifying the current contract to add another year of performance. This modification will cover only one year, with the anticipation that extensive market research is conducted on finding interested sources for a competitive action.

The Government analyzed and evaluated the use of potential alternatives such as a) allowing expiration of current contract, and b) awarding through a competitive process to perform this effort. This analysis concluded that this is not practicable in the short term. In September/October 2023, the Government completed some initial market research with the intent that this contract would end in February and that a short break in service would not delay the project. This was considered due to the estimation that the ISAP members would not have a review until the May 2024. However, after the contractor’s process to find 2 panelists took 4 months to complete with 3–6-months for onboarding, the Government needed to reassess the near-term needs of the project and determined that award of a new contract could not wait until May 2024 to complete. A new contract would have to have been awarded in the November 2023 timeframe to allow sufficient time to get the new ISAP panelists up to speed with the critical scientific issues surrounding the MRRIC program, again considering the recent timeline of events surrounding the search for 2 panelists. Additionally, the Government does not have or expect to have the internal resources to perform this effort in the near term. Award of this contract modification must be in place not later than February 17, 2024, in order to provide for the continuation of the TPSN and ISAP to provide third party science input to the MRRIC project within the specified timelines of the program, as set forth by Federal law. Award of this contract modification also allows the new ISAP panelists the necessary time to ensure sufficient scientific data is analyzed prior to the May 2024 small review. Award of a new contract would unduly delay the project by pausing the ongoing activities until a new competitive action could take place, as there are no internal government resources that perform the functions of the TPSN or the ISAP. Additionally, any attempt to compete and award to another source, with such a short timeline, would cost the government time and significant duplication of cost that would not be recouped through competition. A new contractor would likely require additional time to analyze all of the MRRIC projects’ environmental and fiscal processes across approximately 30- 60 various agencies, inclusive of Federal agencies, state and local agencies, and Native nations/governments. These processes and various agencies are familiar to the current contractor, as the contractor has already performed all required services through the current contract performance period. The current contractor has completed many reviews on this program and possesses the immediate knowledge and experience to participate in upcoming meetings and to meet the needs of the MRRIC program, including the immediate needs of the Lead Agencies. Based upon the need for TPSN and ISAP professional, scientific services to continue in February 2024, the timeline for the need for these services are critical for the Udall Foundation.

6. Efforts to Obtain Competition: All future requirements for these services will be fully competed, if continued research finds that there is a market available for these services. Given the extensive education and professional nature of the services, the market for these services are very limited. Market research is ongoing. A Request for Information (RFI) will be issued to solicit possible sources during this performance period, as well as the ongoing market research into the scientific field for a Third-Party Science Neutral and the support of an Independent Science Advisory Panel with relevant knowledge and experience. For this action, a competitive process was not considered due to the nature of immediate need for the TPSN and ISAP services for ongoing reviews within the MRRIC program.

7. Actions to Increase Competition: All future contracts will be competed on a full and open basis, with appropriate market research and consideration for any small business set-asides. This requirement is an extension of the current contract to cover the ongoing need of services while additional market research can be completed. The market for these types of services is very limited; therefore, the government needs additional time to both initiate and identify potential sources. The tasks originally competed have not changed, nor have new tasks been added to this requirement. Instead, the increase needed for this modification is based solely on the need for an additional year of performance. All future follow-on contracts (as available and relatable) will be competed on a full and open basis (as required), with appropriate market research and consideration for any small business set-asides.

8. Market Research: Market research was minimally performed for this contract, as full market research is still ongoing to cover the possibility of a full and open competitive requirement. A search of GSA schedule awardees was reviewed and only the incumbent contractor was identified as an eligible awardee capable of covering the services immediately without any additional time or training needed. Additionally, the contracted rates for associated or like services were reviewed to ensure that the pricing for this contract was fair and reasonable, given the short timeline in which the services are needed. The Contracting Officer reviewed the incumbent’s SAM.gov data record and found no exclusions, either active or inactive.

9. Interested Sources: There are no interested sources that can become familiar with the internal structure of MRRIC for scientific services, process for all phases of government resources and regulations implemented on behalf of and as a result of the studies and ongoing efforts of the MRRIC project, to include planning, internal control and compliance, substantive, and provide all required scientific deliverables, without substantial resources and additional costs being incurred by the Government, except the incumbent. Only this contractor can continue the current services on the same progression and timeline that MRRIC needs and provide all deliverables required by the contract, without substantial additional Government resources, duplication of effort, and additional costs being incurred by the Government.

10. Other Facts: Nothing additional.

11. Technical Certification and Requirements Certification:

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.

Typed Name: Mitch Chrismer Date:

Title: Project Manager Signature: ______________________

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. A price analysis will be completed in accordance with FAR Subpart 15.404- 1(a)(2) and 15.404-1(b), to include comparison with historical prices paid for these services and the Independent Government Cost Estimate (IGCE). Certified cost and pricing data will not be obtained based upon meeting the exception at FAR Subpart 15.403-1(b)(3), which states that certified cost and pricing data shall not be obtained for acquisitions when a commercial item is being acquired.

Typed Name: Terri L. Harrison Date:

Title: Contracting Officer Signature: ______________________

13. Contracting Officer Certification:

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

Typed Name: Terri L. Harrison Date:

Title: Contracting Officer Signature: ______________________

Approval

Based on the foregoing justification, I hereby approve the procurement of non-personal commercially available professional scientific services on an other than full and open competition basis pursuant to the authority of FAR Subpart 13.501(a) Sole-Source Acquisition under Simplified Procedures for Certain Commercial Items (< $7MIL), subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date: ___________________ Signature: ________________________