A16_-_Limited_Sources_Justification_(FAR_Part_8)_HCA_Signed_1.pdf

FWS Form 3-0058 (Rev. 5/2024) U.S. Fish and Wildlife Service

Limited Sources Justification

JOINT ADMINISTRATIVE OPERATIONS

Acquisition Operations

In accordance with FAR 8.405-6, the Contracting Officer may restrict consideration of sources for orders placed or BPAs established under Federal Supply Schedules (FSS) under the condition that the restricted consideration be justified in writing.

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

1. Agency and Contracting Activity:

Department of the Interior, U.S. Fish and Wildlife Service (FWS), Joint Administrative

Operations, Acquisition and Property Operations.

2. Nature and/or Description of the Action Being Approved:

The Department of the Interior (DOI) is designated as the Lead Administrative Trustee for the Deepwater

Horizon Natural Resource Damage Assessment and Restoration Case, having delegated Lead

Administrative Trustee (LAT) responsibilities to the U.S. Fish and Wildlife Service. This role involves adhering to various legislative and regulatory frameworks, including the Oil Pollution Act of 1990 (OPA), the Natural Resource Damage Assessment and Restoration (NRDAR) regulations (15 CFR 990), the

Deepwater Horizon Consent Decree (Case 2:10-cv-04536-CBJ-SS), and the National Environmental

Policy Act (NEPA).

Under these authorities, the DOI is responsible for coordinating administrative and logistical support to the trustees involved in the restoration efforts, including representatives from Florida, Alabama, Mississippi, Louisiana, Texas, the Environmental Protection Agency (EPA), the National Oceanic and

Atmospheric Administration (NOAA), the U.S. Department of Agriculture (USDA), and DOI itself. This collaborative mission aims to ensure efficient and effective management of the restoration process.

The contract in question is designed to procure expert staff with specialized skills necessary for day-to-day administrative and logistical activities. This support is crucial to allow the trustees to focus on the implementation of restoration efforts as outlined in the Deepwater Horizon Oil Spill: Final Programmatic

Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement

(PDARP/PEIS), as well as the Trustee Council Standard Operating Procedures (SOP). The contract is considered fair and reasonable in terms of costs, aligning with the established requirements in the statement of work (SOW), timeline, and risk mitigation strategies, in accordance with the consent decree and the interests of the public at large.

The proposed contract will be structured to cover a base year with the option for two additional years. It will utilize a combination of firm fixed price (FFP) and labor hour pricing methods. Notably, more than half of the contract value will be allocated to the FFP component, ensuring a stable cost framework for the majority of the work involved. This approach provides both predictable pricing for specific tasks and the flexibility to address labor-intensive activities as needed. This contract structure aims to effectively support the day-to-day administrative and logistical activities associated with the Deepwater Horizon restoration efforts while maintaining accountability and efficiency.

3. Description of the Supplies or Services Required to Meet the Agency’s Needs (including estimated value):

The contract aims to provide comprehensive support to the US Fish & Wildlife Service as the

Lead Administrative Trustee (LAT) for logistical and administrative services. This is crucial to ensuring that the Trustee Council (TC), Trustee Implementation Groups (TIG), and other support teams have the necessary resources for smooth and efficient day-to-day operations.

Key components of the contract include:

Technical Expertise: The contractor will utilize technical experts who are well-versed in natural resource damage assessment and restoration to deliver professional administrative and logistical services for all meetings and calls.

Flexible Support: Support staff or subcontractors may be employed as necessary to address specific organizational needs identified by the TC and TIGs, ensuring that tailored support is provided based on dynamic requirements.

Materials Preparation: The contractor will be responsible for preparing all materials needed by the TC, TIGs, and LAT, facilitating effective communication and coordination among all parties.

Confidentiality of Work Products: All deliverables produced under this contract will be treated as privileged and confidential. They shall not be disclosed without the prior concurrence of DOI legal counsel, safeguarding sensitive information and ensuring compliance with applicable legal standards.

This structured approach seeks to enhance the effectiveness of the Trustee Council and implementation groups while maintaining a clear framework for confidentiality and support.

Estimated value of the base year plus two option years is $1,999,999.47

4. a. Authority Cited (Select One):

☐ FAR 8.405-6(a)(1)(A) – “An urgent and compelling need exists, and following the procedures would result in unacceptable delays.”

☐ FAR 8.405-6(a)(1)(B) – “Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.”

☒ FAR 8.405-6(a)(1)(C) – “In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed in accordance with the applicable FSS ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.”

☐ FAR 8.405-6(b)(1) – Items Peculiar to One Manufacturer. “The particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.”

b. Supporting Rationale:

Due to excessive staff turnover and the resultant loss of historical expertise, the Service is seeking logical follow-on to this acquisition to Industrial Economics Incorporated, the incumbent vendor that has previously assisted in the development and execution of the tasks detailed in the performance work statement. If the Service were compelled to start anew with another vendor, it would lead to significant project and program management stoppages, adversely impacting overall efficiency.

Failure to award this contract would severely hinder our ability to support the Trustee

Council, resulting in disruptions and delays in the restoration efforts involving the five states and four federal agencies. The alternative to securing this contract would be for the U.S. Fish and Wildlife Service (FWS) to hire the necessary staff to perform the required administrative and logistical duties. However, taking into account the current hiring freeze, we have concluded that it is more cost-effective to engage a contractor to provide these services rather than hiring and training two additional administrative staff members.

In summary, sole sourcing this acquisition to Industrial Economics Incorporated is deemed essential to maintain continuity, expertise, and efficiency in our operations, ensuring that restoration efforts proceed without unnecessary delays.

The previous contract, 140F0422F0032 for Deep Water Horizon (NWH) Administrative

Support Services, was solicited through the GSA Ebuy platform as an unrestricted competitive acquisition. To assess the capacity of small businesses, a sources sought notice was posted, resulting in two responses. However, upon evaluation, it was concluded that the small businesses lacked the necessary resources, experience, or technical capability to effectively perform the required work. Consequently, it was determined that pursuing an unrestricted solicitation would be in the best interest of the Government, thereby maximizing the potential for adequate competition.

Ultimately, five quotes were received in response to the unrestricted solicitation. Due to competition and discounted established GSA rates, pricing was fair and reasonable.

Additionally, further discounts were offered, aligning with the requirements outlined in FAR

8.4045-4, which mandates seeking price reductions when the total value exceeds the

Simplified Acquisition Threshold (SAT). This process underscores the commitment to obtaining fair and reasonable pricing while ensuring that the administrative support needs for the Deepwater Horizon restoration efforts are met efficiently.

5. Best Value Determination:

This order represents the best value and results in the lowest overall cost alternative to meet the

Government's needs. Although the General Services Administration (GSA) has already negotiated and determined fair and reasonable prices, additional discounts will be sought prior to placing the order.

By pursuing these further discounts, we aim to enhance cost efficiency while ensuring that the necessary administrative and logistical support can be provided effectively. This strategic approach underscores our commitment to responsible fiscal management and maximizing the value derived from this acquisition, ultimately supporting the ongoing restoration efforts associated with the Deepwater Horizon case.

6. Market Research:

Based on market research, contract history, and, crucially, the institutional knowledge that the incumbent vendor, Industrial Economics Incorporated, provides, it has been determined that engaging another vendor to recreate the established efforts would be both cost prohibitive and duplicative.

The incumbent's familiarity with the nuances of the projects and their methodologies, as well as their established relationships with key stakeholders, presents a significant advantage that would be difficult and costly to replicate. Transitioning to a new vendor could lead to inefficiencies, increased learning curves, and potential delays in project execution, which would ultimately detract from the overall goals of the restoration efforts.

In light of these considerations, maintaining the existing relationship with the incumbent is essential for ensuring continuity and effectiveness in our administrative and logistical support services. This approach aligns with our commitment to maximizing resources while minimizing disruptions to critical projects.

7. Any Other Facts Supporting the Justification:

Under FAR 8.405-6(a)(1)(C), in the interest of economy and efficiency, the new work qualifies as a logical follow-on to an original Federal Supply Schedule (FSS) order, provided that the original order was competed. This regulation allows for the continuation of services that build upon the foundation established by the initial competitive order, facilitating a seamless transition and avoiding unnecessary disruptions.

By leveraging the existing relationship with the incumbent vendor and the established framework from the previous order, we can ensure that the new work meets the Government's requirements effectively while minimizing the time and costs associated with re-soliciting for new vendors.

This approach not only supports efficiency but also maximizes the value derived from the prior competitive process.

Given that our office is extremely undermanned, the possibility of transitioning to a new contractor could be devastating to our ability to meet the needs of the contract as the Lead

Administrative Trustee for the Deepwater Horizon Natural Resource Damage Assessment and

Restoration Case.

Introducing a new contractor at this juncture could lead to significant disruptions in continuity, exacerbating existing staffing challenges and impeding our effectiveness in fulfilling critical responsibilities. The incumbent vendor, with their established expertise and familiarity with the nuances of the project, plays a vital role in ensuring that our administrative and logistical functions are executed smoothly.

Maintaining the current contractor will allow us to leverage their institutional knowledge and experience, which is essential for the successful management of ongoing tasks and the achievement of restoration goals within the specified timelines. This strategic decision is crucial for sustaining our capacity to support the Trustee Council and facilitate the restoration efforts effectively.

8. Statement of Actions to Remove Barriers:

This requirement has historically been structured as a five-year contract, consisting of a base year plus four option years. However, we have decided to shorten the time frame to a base year with two option years. This strategic adjustment allows us to recompete the requirement in the future when we are better staffed and equipped to support the potential transition to a new contractor.

The reduced duration will provide our current staff with the necessary time to become familiar with the day-to-day administrative and logistical activities associated with the Deepwater

Horizon restoration efforts. By doing so, we aim to ensure a smoother transition when the time comes to consider new contractors, while maintaining continuity and effectiveness in our operations during this interim period. This approach balances our immediate needs with future planning, ensuring that we are well-prepared for the next steps in the process.

9. Technical/Requirements Personnel Certification

I hereby acknowledge that the supporting data that forms justification is my responsibility and certify that the basis for this justification is complete and accurate.

Program Partner Signature

10. Contracting Officer Certification

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief and approve the use of limited sources procedures pursuant to FAR 8.405-6.

Contracting Officer Signature

11. Approval by the Chief of the Contracting Office (>SAT)

Based on the foregoing justification, I hereby approve this procurement.

Chief of the Contracting Office Signature

12. Approval by Senior Chief of Contracting Office (>$750k)

Senior Chief of the Contracting Office Signature

13. Approval by Head of Contracting Activity (>$750k)

Head of the Contracting Activity Signature