A16_JOFOC.pdf

Last Updated: 11/15/2011 Version 1

U.S. Fish and Wildlife Service

CGS R7

Requisition No. 40422364

Purchase Order No. TBD

Justification for Other than Full and Open Competition (JOFOC)

A. Background

a. Description

This D&F supports the justification for contracting without providing for full and open competition.

b. Agency Requirement

Section 119 of the Marine Mammal Protection Act (MMPA) authorizes the U.S. Fish and Wildlife Service (Service) to enter into cooperative agreements with Alaska Native Organizations (ANOs) to conserve marine mammals and provide co-management of subsistence use by Alaskan Natives. A partnership with an ANO representing Alaska Native polar bear subsistence users is vital to our conservation and management efforts for polar bears.

The Indigenous People’s Council for Marine Mammals (IPCoMM) facilitated the formation of a new ANO, the Alaska Nannut Co-management Council (ANCC) in 2017 and 2018. We are seeking a partner to continue to support the base operations of the ANCC and their work toward development of a Co-management Agreement and Cooperative Agreement between ANCC and the Service for the co-management of polar bears in Alaska.

c. Statutory and/or Regulatory Authority

The use of other than full and open competition for this contract action is authorized by 41 U.S.C.

253(c)(1) - Only one responsible source and no other supplies/services will satisfy agency requirements and FAR 13.501 (Commercial Items).

B. Justification

a. Nature of Action Being Approved

In 2017, IPCoMM organized and facilitated meetings of parties interested in forming a new ANO to partner with the Service in polar bear co-management. IPCoMM then facilitated the organization of ANCC. In 2018, IPCoMM is assisting the ANCC in the following tasks:

- Developing organizational infrastructure and capacity so that ANCC can communicate effectively with and represent its 15 member tribes and polar bear hunting communities in Alaska

- Supporting staff to (Executive Director and legal counsel) for the ANCC to work on the development of a Co-management Agreement and Cooperative Agreement between ANCC and Service

- Helping to arrange travel and logistic for ANCC meetings and for ANCC representative to attend both domestic and international meetings related to polar bear management

- Facilitating communications regarding development of a harvest management plan for the Alaska-Chukotka polar bear population.

To continue the work of the newly-formed ANCC, there must be continuity of the services and processes that IPCoMM has begun. In 2019, ANCC will require the assistance of a partner to support the base operations and office functions of ANCC; provide legal cousel and legal assistance in the development of a co-management agreement and cooperative agreement between the ANCC and Service, as well as the development of the Agreements; providing travel and logistical support for meetings, such as the ANCC Board and Regional Manager meeting, meetings in each ANCC community to provide updates on ANCC development and international polar bear meetings, draft Co-management Agreement, and potential development of an ANCC polar bear harvest management plan, and meetings related to policy positions affecting polar bear co-management and decisions affecting polar bears at the international level.

It is critical that the organization involved in facilitating the formation of a new polar bear co-management partner have the trust of the ANCC. IPCoMM’s mandate covers all marine mammals in Alaska and all Alaskan Native governments and organizations. It has broad geographical and species basis and is recognized for providing oversight and direction for the development of cooperative agreements between the federal government and Native hunters. Because of IPCoMM’s extensive experience in representing Alaska Native interests, including promoting and strengthening co-management of marine mammals between tribally authorized Native organizations and federal management agencies, they were able to facilitate the creation of the ANCC. For these reasons, including their established trust and foundational work with the ANCC and their constituants, IPCoMM is uniquely qualified to carryout this work.

b. Efforts to Maximize Competition

A notice of intent to sole source will be posted on FedBizOpps as required by FAR Part 5.

c. Market Research

Market research was conducted in support of a request to provide “polar bear conservation” and “co-management with Alaska Natives.” A dynamic small business search was conducted using NAICS 924120, Administration of Conservation Programs, and no other vendors were listed.

d. Additional Supporting Information

N/A

e. Interested Sources

None

f. Removal of Barriers to Competition

Market research continues to indicate that the market for this type of service is limited. If similar requirements become known, we will continue to conduct market research to determine if the need could be solicited competitively.

C. Recommendation and Certification by Program Office

Based on the above justification, I recommend this acquisition to be conducted using sole source acquisition procedures as specified in FAR 13.501 (Commercial Items). I hereby certify that this justification is accurate and complete to the best of my knowledge and belief.

Patrick Lemons, Program/Project Officer

Date

D. Contracting Officer Certification and Approval

Based on the above justification and having determined the price to be fair and reasonable, I hereby certify that the circumstances of this contract action deem only one source reasonably available and approve the use of sole source acquisition procedures for this purchase.

Shelly Berna, Contracting Officer

Date

JAMES WILDER Digitally signed by JAMES WILDER Date: 2018.12.17 09:45:28 -09'00'

I hereby concur that the circumstances of this contract action deem only one source reasonably available.

Alissa Varrati, Chief of Contracting Office

Date

E. Concurrence by Chief of Contracting Office