A16__JOFOC-Over_SAT_AGJV-GovCanada_0040608253_HCA_signed_1.pdf

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JOFOC D&F Federal contract opportunity
Solicitation number
140F0S23R0010
Issued by
Department of the Interior Fish and Wildlife Service

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FWS Form 3-0051 (Rev. 5/12/2021) U.S. Fish and Wildlife Service

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (JOFOC) - OVER SAT

JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

1. Agency and Contracting Activity (FAR 6.303-2(b)(1)).

3. Description of Supplies/Services (FAR 6.303-2(b)(3)).

2. Nature/Description of Action (FAR 6.303-2(b)(2)).

In accordance with FAR 6.302, the proposed contractual action is pursuant to the statutory authority identified in section 4 of this document. This template is required for actions over the Simplified Acquisition Threshold (SAT) (unless the procurement is acquired as a limited source IAW FAR 8.405-6 or is an Exception to Fair Opportunity IAW FAR 16.505(b)(2)).

Instructions: The information in the text boxes are provided as sample language or to indicate a needed fill-in. Sample language should be removed from the final document. All text boxes require information and shall not be left blank.

4. Statutory Authority Permitting Other than Full and Open Competition (FAR 6.303-2(b)(4)).

(check one)

Authority FAR Coverage Application 41 U.S.C. 1901 FAR 13.501 Only one responsible source using

Simplified Acquisition Procedures (above SAT but below $7M)

41 U.S.C. 1903 FAR 13.501 Special emergency procurement authority

41 U.S.C. 3304(a)(1) FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements

41 U.S.C. 3304(a)(1) FAR 6.302-1(c) Application for brand-name descriptions

41 U.S.C. 3304(a)(2) FAR 6.302-2 Unusual and compelling urgency

41 U.S.C. 3304(a)(3) FAR 6.302-3 Industrial mobilization; engineering, developmental or research capability; or expert services

41 U.S.C. 3304(a)(4) FAR 6.302-4 International Agreement

41 U.S.C. 3304(a)(5) FAR 6.302-5 Authorized or required by statute

41 U.S.C. 3304(a)(6) FAR 6.302-6 National Security

41 U.S.C. 3304(a)(7) FAR 6.302-7 Public Interest

5. Demonstration of Contractor’s Unique Qualifications (FAR 6.303-2(b)(5)).

6. Description of Efforts Made to Maximize Competition (FAR 6.303-2(b)(6)).

7. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

8. Description of Market Research Conducted (FAR 6.303-2(b)(8)).

9. Any Other Supporting Facts (FAR 6.303-2(b)(9)).

Program / Project Officer

13. Contracting Officer Certification and Approval: (All Values) FAR 6.304(a)(1)

Based on the above justification, 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.

Contracting Officer

10. Listing of Interested Sources (FAR 6.303-2(b)(10)).

11. Actions Taken to Remove Barriers to Competition (FAR 6.303-2(b)(11)).

12. Technical/Requirements Certification: FAR 6.303-2(c)

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.

14. Approval by Chief of Contracting Office (>SAT)

Based on the foregoing justification I hereby approve this procurement.

Chief of Contracting Office

15. Approval by Senior Chief of Contracting Office (>$700K)

Based on the foregoing justification I hereby approve this procurement.

Senior Chief of Contracting Office

16. Approval by Head of Contracting Activity (>$700K) FAR 6.304(a)(2)

Based on the foregoing justification I hereby approve this procurement.

17. Approval by Senior Procurement Executive (>$68M) FAR 6.304(a)(4)

Based on the foregoing justification I hereby approve this procurement.

Senior Procurement Executive

Head of Contracting Activity

2023-02-13T11:12:28-0800
JOSHUA DOOLEY
2023-02-15T11:02:51-0600
JONI DUTCHER
2023-03-08T12:23:31-0700
JOSHUA CARTER
2023-03-08T13:07:58-0900
ALISSA VARRATI
Check Box1: Yes
Check Box2: Off
Check Box3: Off
Check Box4: Off
Check Box5: Off
Check Box6: Off
Check Box7: Off
Check Box8: Off
Check Box9: Off
Check Box10: Off
Text3: The purpose of this contract is to fulfill the mission and goals of the Arctic Goose Joint Venture (AGJV) through completion of projects recommended and approved by the AGJV Technical Committee and Management Board. The USFWS and ECCC co-chair the AGJV. Projects typically occur in the Canadian Arctic and will provide data and information that are used by the USFWS and ECCC to monitor and assess the status of various goose species and populations, set harvest regulations, and inform management decisions. This information is necessary to fulfill legal mandates regarding the conservation and management of migratory birds, specifically arctic-nesting geese.
Text4: The Government of Canada (ECCC) is the only entity capable of completing the work because of the required authorizations regarding migratory birds, agreements with other governments and indigenous communities, authorizations and access to arctic research camps in sanctuary areas, and subsidized transportation services through Polar Continental Shelf Program, as described in the Canada Wildlife Act (S. C. 1985), Migratory Bird Conservation Act (S. C. 1994), Migratory Birds Regulations (C.R.C., c. 1035), Migratory Birds Sanctuary Regulations (C.R.C., c. 1036), and Wildlife Area Regulations and Land Use and Research Permits (C.R.C., c. 1609).
Text5: The ability to conduct this service is unique to this Government entity. No other entities have expressed interest in or have demonstrated the ability to complete this work. A Notice of Intent will be posted on SAM.gov for fifteen days to give interested vendors an opportunity to respond.
Text6: The contracting officer determines that the anticipated price/cost will be fair and reasonable compared to several similar requirements over recent years. Additionally, no other entity could complete the work for similar cost, given the existing infrastructure owned and maintained by ECCC for conducting field work in the Canadian Arctic and the cost-share incentives to ECCC from the Polar Continental Shelf Program (PCSP) for transportation, shipping, and aerial operations.
Text7: ECCC is the only entity capable of completing the work. Additionally, no entity has responded to past Notices of Intent posted on SAM.gov.
Text8: Environment and Climate Change Canada is the primary entity responsible for implementing the Migratory Birds Convention Act, which provides for the protection of migratory birds through the Migratory Birds Regulations and the Migratory Birds Sanctuary Regulations. These regulations were recently updated last year. Attached are copies of the regulations, which describe all the authorizations for migratory birds in Canada as well as authorities pertaining to indigenous communities. Information can also be found at this link: https://www.canada.ca/en/environment-climate-change/services/migratory-birds-legal-protection.html

The majority of AGJV research activities in the Canadian Arctic occur on migratory bird sanctuaries, and many activities required to conduct research are prohibited (e.g., disturbing migratory birds, possessing firearms, and using helicopters/aircraft), except by permits from the Federal government authorizing such activities. Non-federal entities may not be applicable for some permits/authorizations, such as building permanent research facilities. Authorizations are described in the regulations above.

The mission of Natural Resources Canada’s (NRCan) Polar Continental Shelf Program (PCSP) is to provide safe, efficient and cost-effective logistics in support of science and federal government priorities. ECCC's access to these transportation services and research camps greatly reduce the cost of conducting research in the Arctic. A manual describing this program is attached.

Text9: The Government of Canada (ECCC).
Text10: None. ECCC is the only entity capable of completing the work given the required authorizations regarding migratory birds, agreements with other governments and indigenous communities, access to arctic research camps and transportation services, and due to special authorizations.
Text2: Approval is being requested for a 10-year Blanket Purchase Agreement with the Government of Canada (Environment and Climate Change Canada – Canadian Wildlife Service and Science and Technology [ECCC]; UEI = WVNSLNJNM233). The estimated annual price of this agreement is $300,000, with a total estimated price, inclusive of all years, of $3,000,000.
Text1: U.S. Department of the Interior, U.S. Fish and Wildlife Service, Joint Administration Operations (JAO)/Acquisition Property Operations (APO)/Goods & Services Branch
Signature5:
2023-03-09T16:24:52-0500
ALICIA WEBER

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