JOFOC for ROP NoSign.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOL NO. AB133W-12-RP-0135

Weather Observation Services

Contractor: Republic of Palau (ROP)

In accordance with the requirements of the Competition in Contracting Act (CICA) (41 U.S.C. 253) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.303, the following information is submitted in support of this acquisition without allowing for full and open competition.

1. Agency And Contracting Activity:

US Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division (WAD) on behalf of The National Weather Service (NWS)

2. Description Of Action Being Approved:

NOAA/WAD proposes to negotiate a cost-reimbursement contract on a sole-source basis with the Republic of Palau (ROP), in accordance with FAR 6.302-4 International Agreement.

3. Description Of Services Required To Meet The Agency’s Need:

NOAA/WAD proposes to contract, on behalf of the NWS, with ROP for weather observations and operations and maintenance of weather observation stations within the country. The services are to begin November 1, 2012 through October 31, 2013, with option for up to four additional years. The estimated cost for this acquisition is $396,450 for the base year and $2,058,554 for the total contract performance period (base plus four (4) option years). Current contract AB133W-07-CN-0081 expires on October 31, 2012; new contract would start on November 1, 2012, using FY13 funds.

4. Statutory Authority Permitting Other Than Full And Open Competition:

Pursuant to the authority of 41 U.S.C. § 253 (c)(4) as implemented by Section 6.302-4(b)(2) of the FAR, full and open competition is not required when a treaty or international agreement between the United States and a foreign government is in place which specifies or limits the sources to be solicited.

The Republic of Palau and the Government of the United States signed a 20-year Compact of Free Association Act (COFA) of 1984, 48 U.S.C §§1901, et. Seq., Pub L. 99-239, Article II, Section 221(a)(1).

Under the terms and conditions of the COFA, a Weather Service Office is established in ROP and will continue to be managed and maintained by ROP. Continuation of these services was approved and started

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

OFFICE OF ACQUISITION AND GRANTS

Western Region Acquisition Division, WC3 7600 Sand Point Way NE Seattle, WA 98115 - 6349

October 1, 1994 for fifteen (15) years, or through September 30, 2011. The most current review concluded in June 2011, and extended the current COFA through the end of September 30, 2024, with the master agreement having no expiration date, but review dates every 15 years.

5. Proposed Contractor’s Unique Qualifications:

Since 1981 the weather observation stations in ROP have been operated by ROP citizens. It is also mandated by the COFA that the ROP has first right of refusal to perform the weather observation services.

All staff must be fully trained, licensed and qualified for the position filled. The fulfillment of these services by the ROP is in accordance with FAR 6.302-4 International Agreement.

6. Effort Made To Ensure That Offers Were Solicited From As Many Potential Sources As Possible:

Not applicable as per Section 4 of this JOFOC, as the treaty states that ROP government shall run these stations and have first right of refusal to the work.

7. Determination That A Fair And Reasonable Price Will Be Obtained:

Employees working at the NWS Weather Service Office(s) (WSO) are employees of Republic of Palau and are classified and paid in the same manner as U.S. Government employees. ROP has a general pay schedule with the grades and steps identified for each class of employee within the Government.

8. Description Of Market Survey Conducted:

This is a treaty mandated contract in that these services are required on a continuing basis, unless the Government of ROP elects to not provide the services. If ROP passed, then it would be competed in the commercial market. In accordance with FAR 6.302-4 and FAR 5.202(a)(3), this action is exempt from the requirement to transmit a notice to the Government Point of Entry (GPE) because the COFA expressly requires by statute that these services be acquired from the local government of ROP.

9. Other Facts Supporting The Use Of Other Than Full And Open Competition:

The various WSO within ROP are solely operated and managed by ROP. They transmit meteorological data to the NWS forecast offices in Honolulu, Hawaii and Guam, the National Meteorological Center in Suitland, Maryland, and the Navy Fleet Weather Center/Joint Typhoon Warning Center in Hawaii. These forecast offices use the data as a basis for forecasts and weather-impacted warnings for the Northern Mariana Islands, Guam, Micronesian Islands, and other parts of the Pacific. These forecasts and warnings are vital to the safety and well-being of local populations and are essential for efficient air and sea operations. Therefore, without the services provided by the Micronesian stations, the NWS cannot perform the mission for which it is responsible, thus putting the population of these areas at a potential risk.

10. List Of Sources That Expressed In Writing Interest In This Acquisition:

N/A

11. Action To Overcome Barriers To Competition In Future Procurements:

As long as the COFA is in effect (currently through September 30, 2024), NOAA will be required to contract for these services with the local government. Although the master COFA does not expire, there will be reviews every fifteen (15) years. The next review is in 2024.

12. Contracting Officer’s Certification:

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

Prepared by:

Date Contract Specialist

Legally Sufficient:

Attorney, Contract Law Division Department of Commerce, Office of General Counsel

Approved by:

Contracts Branch Chief, Western Acquisition Division Contracting Officer

Director, Western Acquisition Division

Director, Acquisition and Grants Office