JOFOC_FINAL_Redacted_Version.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Guam Fishermen’s Cooperative Association (GFCA) Fish Access Biosampling Services

Identification Number: Purchase Request Number NFFR7400-16-03026

1. Identification of the agency and contracting activity (FAR 6.303-2(b)(1)).

The National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office (AGO), Western Acquisition Division (WAD) located in Seattle, WA proposes to enter into a contract on a basis of other than full and open competition in support of the NOAA, National Marine Fisheries Service (NMFS), Pacific Island Fisheries Science Center (PIFSC), Fisheries Research & Monitoring Division (FRMD), Insular Fisheries Monitoring Program (IFMP), Commercial Fisheries Bio-Sampling program (CFBS).

2. The nature and/or description of the action being approved (FAR 6.303-2(b)(2)).

NOAA intends to award a sole source contract to The Guam Fishermen’s Cooperative Association (GFCA). A firm- fixed-price contract is contemplated for award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value) (FAR 6.303-2(b)(3)).

The requirement of this procurement is for GFCA to provide access to their facility (time, space, ice, fish and notification of incoming trips) and assist PIFSC staff with weighing (checking in/out) fish loaned to PIFSC for biosampling purposes. The GFCA not only processes the bulk of fish on Guam, but it has the largest number of fishers of any seafood market there and is willing to notify CFBS when a fishing trip comes in. Catching fishermen at the end of the trip is the most challenging aspect of the Biosampling Program. The estimated value of the one-year base period of performance is $50,000 and $250,000 over the life of the contract (base plus 4 additional one-year option periods). This procurement will allow the CFBS program to support NOAA’s mission of sustainably managing marine fisheries in the Pacific Islands Region in accordance with the provisions of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (RMSA), providing vital data for monitoring and stock assessment to better estimate the weight and species composition of commercial harvests, which is a fundamental requirement in order to be able to assess and manage marine fisheries resources sustainably.

4. An identification of the statutory authority permitting other than full and open competition (FAR 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority (FAR 6.303-2(b)(5)).

The GFCA is uniquely qualified to provide these services to the CFBS based on the following:

a. They maintain a membership of over 200 commercial fishermen (80-90% of the estimated total on Guam). The GFCA is the hub of domestic fish sales and distribution for Guam. Although there are a number of smaller fish markets distributed across the island, for various reasons, these markets are neither reliable nor suitable for the CFBS project’s work. Per CFBS observation, several smaller fisheries disappear in the course of less than a year after establishment. The small markets tend to focus on small pelagic species, and do not handle a significant portion of landings from the reef and inshore fisheries that are the main focus of data improvement efforts in the U.S. Pacific Islands.

b. No other fish dealer or market on Guam can provide a reliable and consistent amount of fish, nor a more representative sample of commercial catches, such as are required by CFBS. From 2011-2015, Guam commercial fish sales averaged an estimated 207,396 lbs. annually. During the same period, fish sold at GFCA represent 67-100% of market data collected from cooperating vendors. Creel survey data indicate that up to 35% of commercial seafood on Guam is sold door to door, making it very difficult to intercept fishermen at the end of a trip (no real central marketing location besides the GFCA).

The closest competitor with a storefront (not the same vendor each year), may reach up to 12-21% of the commercial market (much lower in some years). This makes it difficult to predict where to go for a good sample from another vendor and easy to miss trips by going to the wrong location.

c. This procurement has been renewed annually since 2010. Over the years, a combination of sources sought/sole source notices have been posted on FBO. No responses or interest from competing sources have ever been received.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies (FAR 6.303- 2(b)(6)).

As required by FAR 6.305(a), the JOFOC will be made publicly available via posting on the Federal Business Opportunities (FBO) website. Any responses received from the notification on FBO will be taken into consideration by the Government.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable (FAR 6.303-2(b)(7)).

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on historical prices paid for these services. Prior to award of the proposed contract, price information shall be obtained from the contractor and a price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

8. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted (FAR 6.303-2(b)(8)).

Market research was conducted by the PIFSC and WAD to identify available sources and to evaluate the availability of the marketplace to meet the requirement as follows:

Prior to award of the previous purchase order, a notice of intent to sole source the procurement was posted on the government point of entry at https://www.fbo.gov. No responses from alternative sources were received as a result of the notice. Prior to award of a contract resulting from the current requirement, a notice of intent to sole source will be posted to the government point of entry. Any responses received will be reviewed and considered by the agency.

9. Any other facts supporting the use of other than full and open competition (FAR 6.303- 2(b)(9)).

This contract is necessary to avoid a break in service for this critical mission requirement and only GFCA possesses the qualifications required to perform this requirement. An open competition to complete the work would cause intolerable delay to the CFBS program and pose unnecessary risk to the Government. The requirement cannot be modified to increase competition because no other sources of competition exist.

10. A listing of any sources that expressed a written interest in the acquisition (FAR 6.303-2(b)(10)).

No other sources have expressed interest in the acquisition.

11. A statement of any actions the agency may take to remove or overcome any barriers to competition, if subsequent acquisitions are anticipated.

In an effort to eliminate competitive barriers, PIFSC conducts market research on an annual basis to gauge any changes in marketplace capability in Guam and will continue to do so for future follow-on requirements.